THE PROTECTION OF FEMALE LABOUR FORCE: CASE STUDIES ON LEAVE OF WORK DURING THE MENSTRUAL PERIOD

Abstract

The main purposes of this research are to analyze and identify appropriate forms of leave in Thailand to allow the female labor force to take leave from work during their menstrual period. The qualitative research was conducted through a literature review and comparative studies with the Kingdom of Spain, the Republic of China (Taiwan), the Republic of Korea, and the Socialist Republic of Vietnam. The research findings indicate that there are no written legal provisions for menstrual leave for the female labor force in Thailand, unlike in other countries. However, it is found that in practice, female workers often take sick leave during their menstrual period instead. Given that the right to menstrual leave is aligned with international labor standards, allowing female workers to take leave during their menstrual period should not be considered discriminatory. States can enact special measures to protect the female labor force in this regard. Therefore, it is appropriate for Thailand to establish rights for female workers to take menstrual leave in accordance with universal principles. The research suggests that the appropriate form of leave for Thailand would allow female workers to take three days of menstrual leave. If additional days are needed, they would be required to use sick leave. During menstrual leave, employers would not be obligated to pay wages, and employees would not need to provide a medical certificate. Based on the research, it is recommended that sections 43/1 and 43/2 be added to Chapter 3, concerning the employment of female labor, in the Labour Protection Act B.E. 2541 (1998).