Recently, major global tech companies have announced widespread layoffs. In Thailand, many firms are downsizing, increasing workloads while reducing staff numbers. Some workers push themselves until they become ill and must frequently take sick leave; others face serious diseases. Even if organizations have not declared layoffs, they may opt to terminate employees individually. If you are sick but receive a dismissal order, are you entitled to severance pay? Thairath Money has gathered workers’ rights and essential information to prepare for possible uncertainties.
The first thing to know is about "sick leave rights." According to labor protection law, everyone has the right to take sick leave "as long as they are genuinely ill." There is no legal limit on the number of days until recovery. However, for sick leave with full wage payment, the law limits it to no more than 30 working days per year.
Important conditions to be aware of If you take sick leave for three or more consecutive working days, you should submit a medical certificate to your company, as they have the right to request it. (The law also allows employees to explain absence by other means depending on each case.)
Furthermore, according to the Ministry of Labor, "if an employee is absent from work for three consecutive working days, whether or not there are intervening holidays, without a valid reason," the employer has the right to terminate employment without severance pay.
Therefore, it is essential always to inform the company of the reason for your absence. It is recommended to provide this notification in writing as clear evidence.
Recovery from illness may take longer than expected. After the first 30 days of sick leave, if a doctor orders further leave with a medical certificate and you are a social security insured person, you can claim income replacement of 50% of your wage base, up to a maximum of 17,500 baht.
The main condition is that this compensation can be claimed for up to 90 days at a time, with a maximum of 180 days per year. For those with chronic illnesses, the maximum is 365 days, provided you have contributed to social security for at least three months within the 15 months before falling ill. Note again that this applies only to leave certified by a medical certificate.
If you have a chronic or serious illness, does the company have the right to dismiss you? The answer may seem harsh: "Yes." The condition is the same as other reasons for dismissal: if the employer assesses that your illness affects your ability to work and you truly cannot continue, they may consider termination.
However, dismissal due to illness is not the employee’s fault under Section 119. Therefore, the company "must pay severance" fully according to the law and length of service, as follows:
- Worked continuously for at least 120 days but less than 1 year: entitled to 30 days’ severance pay
- Worked continuously for at least 1 year but less than 3 years: entitled to 90 days’ severance pay
- Worked continuously for at least 3 years but less than 6 years: entitled to 180 days’ severance pay
- Worked continuously for at least 6 years but less than 10 years: entitled to 240 days’ severance pay
- Worked continuously for at least 10 years but less than 20 years: entitled to 300 days’ severance pay
- Worked continuously for 20 years or more: entitled to 400 days’ severance pay
Meanwhile, if the employer terminates employment abruptly, such as notifying today to leave tomorrow, the company must also pay "compensation for sudden dismissal." By law, the employer must give notice before the next scheduled wage payment date, not simply 30 days in advance. For example, if salary is paid on the 25th, notification must be given before that pay period (usually equivalent to one wage period).
Finally, dismissal does not mean you must sign a resignation letter! Signing a resignation can forfeit your rights mentioned above. Therefore, before signing any documents, carefully read and understand the terms. If uncertain, you can consult the Department of Labour Protection and Welfare at 1546 for complaints or mediation to ensure your legal rights are protected.
ReferencesMinistry of Labor,Social Security Office
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