Development of Maternity Law in Thailand
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Abstract
As James J. Heckman (2011) emphasizes on the importance of the presence of parents during the infancy stage when early skill development fosters subsequent learning. This, however, is nearly impossible with the labor force today. Many parents have to choose between work and their child. Maternity leave is the only time when mothers are granted time to adjust and focus only on themselves and their newborns. However, unfortunately, maternity leave is not compulsory in many countries provide the same package for the same role. By looking at maternity laws around the world, we can examine how maternity leave helps women balance their responsibilities. This paper uses content analysis as a qualitative method to reviews maternity leave as part of labor law in Thailand and around the world, in order to examine Thailand’s maternity leave policy and propose its improvement. The content that was used in the research process was available on government websites such as the Ministry of Labor and Social Security Office, considering the legitimacy of the sources. For content analysis, the Labor Protection Act B.E.2562 (No.7) and the Social Security Act Amendment (No.4) B.E. 2558 were the base of comparison. The objectives of the study were to examine principles underlying maternity protection in Thailand; identifying problems arising from enforcing maternity leave laws; comparing maternity law, policy and practice between Thailand and other countries; and lastly, providing recommendations for future policy. The results showed that maternity leave policy in Thailand lack enforcement criteria which pressures working mothers to renounce their rights. By comparison with other countries, its laws are more problematic with a weak legislative structure. In comparison to other countries, Thai policies are similar, if not better to those of South East Asia countries. However, its policies are still behind Europe, where transferability, duration and payment are offered as compulsory. Thailand must make efforts to improve conditions for the women who ensure that its new generations are invested in early on, through maternity leave policy.
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