PROBLEMS PROTECTING THE RIGHT TO LEAVE THE PREGNANT PERSON DURING WORK

Abstract

This article examines on major problems of Thai labour laws concerning the maternity protection to female workers. By analyzing and comparing with the International labour Organization standards, the labour law of Germany, The UK and Philippines. According to studies, it has been found that Thai labour laws still have problems that are as follows:

1. Maternity leave is not appropriate. Thailand should be amendment of the laws for maternity leave shall be entitled to a period of maternity leave of not less than 14 weeks (98 days) include a period of 6 weeks (42 days) compulsory leave after childbirth, and extension of the maternity leave in the event of multiple births. To the extent possible, measures should be taken to ensure that the woman is entitled to choose freely the time at which she takes any non-compulsory portion of her maternity leave, before or after childbirth.

2. Time off for antenatal care. Female workers in the public sector are no specific law to provide to antenatal care. For female workers in the private sector, even though The Labour Protection Act BE 2541 has been amended to enable the right to antenatal care. However, it has the characteristics of bringing antenatal care combined with maternity leave and does not cover time off for postnatal care. Therefore, Thailand should be amendment the laws to provide right to Time off for check-ups for pregnancy and maternity, and this time off must not result in loss of pay.

3. Thai female workers are no proper legal right and protection under the law to enable them to breastfeeding in workplace. Opportunities for breastfeeding for female workers who desire to continue to breastfeed after them return to work. It’s depends on the policy of the employer. Therefore, Thai law needs to be amended include the provision of appropriate right to breastfeeding breaks and breastfeeding facilities in workplaces for female workers during their time at work.