FCF is the legal employer of all Thai employees and is responsible for following the regulations of Thai law regarding employment. Projects have been delegated supervisory responsibilities over employees and can create their own internal policies related to staff, provided they meet the minimum requirements of the law and follow FCF’s policies. Together, both FCF and Projects, commit to working together to ensure our employed staff are well cared for, including, but not limited to: prayer for each person, a livable wage, benefits, clear job description and expectations, a healthy and safe work environment, privacy protection, and proper training for the position. We believe we are responsible for ensuring that the work environment at FCF is high quality and a place our employees genuinely enjoy being part of. If you feel that FCF and/or the Project is not fulfilling this responsibility, please contact firstname.lastname@example.org.
Labor Protection Act
Foundations must follow the Civil & Commercial Code of Thailand, and relations between employers and employees are primarily addressed by the Thai Labor Protection Act. The basic presumption of Thai Labor Law is that the employer is in a superior position in relation to the employee; therefore, employees require the law to equalize the imbalance of power. This standard is the bare minimum of FCF’s responsibility, but FCF and Projects should strive to go above and beyond the minimum standard to ensure we care for our staff well. The following information below is not meant to detail every aspect of the Labor Protection Act but to help both Project Directors and employees understand some of the most important minimum requirements and how they work.
Labor Protection Act - Thai
Labor Protection Act - English
Hiring Process & Onboarding
When possible, it is requested that Project Directors inform HR at least one month before hiring new employees for their Project due to the time it takes to fully onboard someone and the timing of entering the social security program.
After HR is informed of a new staff candidate, the candidate will be given an application to complete and return. HR will work with the Project Director to create a contract that includes details such as payment & benefits, job description, start date, days/hours of work, etc. Once approved, we can submit the new employee’s information to the Social Security Office. On or before the new employee’s start date, HR will provide orientation which includes topics such as understanding FCF’s mission and processes, understanding employee rights and responsibilities, reading policies, and signing a code of conduct.
A detailed version of FCF’s standard employment process, application, templates, and useful information is contained in this document: ขั้นตอนการรับพนักงานคนไทย.
All FCF employees must be compensated through FCF to protect their rights under the Labor Protection Act. No employees should be compensated for FCF-related work outside of FCF’s financial processes. Compensation may include financial remuneration, benefits, services in kind, or other incentives. The FCF Admin Team uses a fixed compensation plan that Projects are welcome to use as a model that factors in annual raises and cost of living adjustments. Project Directors may also create their own compensation plan. If this is done, it should be clearly communicated to employees.
Social Security - How It's Paid
All FCF Projects must provide social security for their Thai employees, both full and part-time. By Thai law, FCF must withhold 5% of an employee’s salary for social security, up to a maximum of 750b. FCF must also match the amount withheld and send the combined amount to the government.
For example, if an employee’s gross salary on their contract is 10,000b/month, the employee is responsible for 500b of social security. FCF will match that 500b from the Project fund, and a combined 1,000b is sent to the government. In this example, the gross salary on the employee’s contract is 10,000b, the net salary in the employee’s bank account is 9,500b, and two entries are charged to the Project fund that reflect the actual transactions that happen; 1,000b to the government for social security, and 9,500b to the employee as net income.
Social Security - What It Covers
Sickness - The insured can receive free medical treatment using one of the two hospitals registered with their social security card. If the primary hospital is full, the second choice of hospital can be used.
Maternity - The mother will receive coverage for child delivery expenses without limits, a lump sum of money, and 50% of her wages for 90 days.
Death - Families receive a funeral grant and partial salary of the deceased for a fixed period of time.
Child Allowance - The insured can receive monthly benefits up to age 6 for up to 3 children. As of June 2022, this was 600b/month.
For more information, visit the Social Security Office’s page.
Workmen's Compensation Fund
Each year, FCF pays a single joint payment into this government fund on behalf of all FCF employees. The fund's purpose is to replace the employer’s liability and give prompt and equitable protection against injury, disease, disability, or death resulting from employment. Employees are automatically eligible for this fund as staff and do not need to apply.
Typically, work should not exceed 8 hours per day and no more than 48 hours per week without overtime pay. This does not mean a working day or week cannot exceed that.
An employee must consent to overtime and be compensated for that extra time. Contact email@example.com if an employee needs overtime pay beyond the 48 hours.
Employees must be provided at least 1 hour of rest after working 5 continuous hours.
Employees have a right to at least 1 full day off per week.
All of this is negotiable between the Project and the employee. Due to the nature of FCF’s work, our Projects often have unique working hours so Project Directors and employees need to negotiate a work schedule that both are satisfied with. If you don’t have a sub-contract or some written agreement that details working hours/days, you can create one internally or contact firstname.lastname@example.org for help. It can be general guidelines or specific hours, depending on what is needed. In either case, communication ahead of time will prevent disagreements or unmet expectations later.
An employee is entitled to 13 paid public holidays each year. If a public holiday falls on a weekend, the next working day must be granted as a paid holiday. The 13 paid holidays must be chosen from the annual list of official holidays published by the Thai government, and that must include the National Labor Day. If an employer prevents an employee from taking leave on a traditional holiday, then the employer and employee must agree to another substitution day. Due to the varied work schedules of each FCF Project, these dates may be different from Project to Project. It is the responsibility of each Project Director to determine which days their Project will observe and communicate these dates clearly to their staff. The dates used by the FCF Admin Team are on the Community Calendar.
The vacation policy below applies to the FCF Admin Team and meets the requirements of the Labor Protection Act. This model can be used by Projects when developing their own policy. FCF does not expect all FCF Projects to have an identical policy; however, each policy must meet minimum government standards.
First 3 months the employee can leave for 3 days.
The 4th – 12th month the employee can leave for 6 days.
2nd year the employee can leave for 11 days.
3rd year the employee can leave for 13 days.
4th year the employee can leave for 15 days.
5th year the employee can leave for 17 days.
6th year the employee can leave for 19 days.
7th year the employee can leave for 21 days.
Employees should provide their supervisor with as much advance notice as possible prior to using vacation leave. A general rule of advance notification is:
1 month before a 10 day vacation leave.
2 weeks before a 5 day vacation leave.
1 week before <5 days of vacation leave.
Employees are allotted up to 30 days of sick leave per year, provided they are sick each of those days. Employers can only request a medical certificate after 3 consecutive days of sick leave.
Student Loan Withholding
Employers must withhold government student loan payments of FCF employees who have these loans. HR will communicate with the employee and the Project Director when required. This places the employer in an uncomfortable position between an employee and their debt obligations, but it’s a non-negotiable regulation. The amount withheld is sent to the government, thereby reducing the employee’s net income to their bank account, but does not change the gross amount of salary and benefits a Project is responsible for. FCF commits to keeping student loan information confidential.
Employee Termination or Resignation
HR needs to be informed immediately if an employee has resigned or been fired so arrangements can be made to cancel social security at the appropriate time. If applicable, severance pay will be negotiated with the employee.
FCF staff are encouraged to wear their FCF polo shirt at government functions and locations unless a higher standard of formal dress is required. All staff are issued 1 shirt for free when they initially begin working under FCF. Additional shirts can be purchased for 250b each. Email email@example.com or drop by the office to get one.
In the event of unresolved conflict between staff, both parties can seek resolution by meeting with leadership in the following order of succession:
FCF Human Resources firstname.lastname@example.org
FCF Executive Director email@example.com
FCF Board of Directors firstname.lastname@example.org
In the event where the conflict involves someone on the list above, move to the next level of authority on the list.
Alcohol, Tobacco, Marijuana, & Illegal Drugs
Being under the influence of or possession of alcohol, tobacco, marijuana, or illegal drugs is prohibited in all FCF facilities, at all FCF events, or while representing FCF in any way. Failure to follow this policy is grounds for immediate dismissal of employees or cancellation of visas and work permits for volunteers.