A Comparative Analysis of the Employee on Maternity Leave Between Private Sector and Government Sector
The personnel factor can be easily understood as a labor. If men or women agree to work in the company, their status will be changed according to the company regulation. Referring to the status, the term ‘government officer’ will be used by the government official or government organizations while the private sector favors the term ‘employee’. This variance makes the difficulty in terms of law enforcement; especially, male and female employees are treated differently. In order to equalize the rights, the legislation has been enforced to protect the pregnant women, many countries state that the pregnant employees will have the rights to raise their newborns in the appropriate period of time. This leads Thailand to legislate The Labor Protection Act, B.E. 2541, but it will be only effective with the employee in private sector. Thus, the article aims to compare and analyze the principles of law regarding the maternity leave between the private sector and government official. The revision yields 3 significant suggestions that the duration of the leaving period should be extended to 180 days according to the WHO’s recommendation while the employees in private sector should be granted the leaving allowance as same as the government official for the maternity hospitalization. Finally, the deduction of corporate tax income and the imposing of the subsidy should be proposed in order to ensure the fairness of the employers.
Keywords - Maternity Leave, Female Employee, Employer, the Labor Protection Act, B.E.2541, Government Officer