Good morning guys! English time with Labor Law is back! 😊
Today we will answer the question from about fan-page about the counting of the working period under the law.
In the event that the employee succeeded the probationary period and be a full-time employee, however, the employer feels that he is an unsuitable person and wishes to terminate the employment contract and pays the severance pay. The question is how to count the working period? Should count since the probationary period? or should count only being a full-time employee?
Let’s find out!
- The employer must count from the first day of working until the last day of working. “It does not depend on the probationary period at all.”
- According to item 1, it is on the ground of Section 20 of Labor Protection Act B.E. 2541 provided that “Whereas an Employee has not worked continuously on account of an intention of the employer to deprive such Employee of any right under this Act, irrespective of which duty assigned by the Employer to the Employee and of how lengthy a lapse between each period of employment is, each period of employment shall be counted together for the acquisition of any right by such Employee.”
📌 Remark 📌
In order to avoid counting period under the law, some companies have divided the employment contract into each period, for example, making a one-year contract then continuing to employ for another year by another contract, or leaving a period of renewal of the contract for 1-2 weeks prior to entering into a new contract and so on. Please understand this misinterpretation by review Section 20 as provided above again. The intention to get around the law completely cannot be applied. The working period of employee is still counted as the same subject to the law.
Therefore, if the employer desires not to pay the severance pay, it is necessary to classify the type of contract correctly, suitably, and complying with the law.
Btw, if you can’t figure out what to do, that’s okay!
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