Analysis of maternity leave policy case study : South Korea and Thailand

Abstract

This study examines national legislation concerning current maternity leave policy and protection in a comparison between South Korea and Thailand with an international maternity model as shaped by Maternity Protection Convention 2000 (No.183) and its Recommendation (No.191) by International Labor Organization (ILO). National Labor laws and employment-related acts have been compiled for the sake of analysis. As analyzed with ILO regulations as benchmarks, findings show that Thai maternity leave policy is inferior to international standards and either to Korea’s one in 3 points. Firstly, in term of amount of leave, pregnant employee in the two countries is eligible to take 90 days leave but what differs is restriction on pre and post natal. Korea government seems to be more concerned on health security before and after childbirth with 6 compulsory postnatal leave whereas Thai laws allow leave voluntarily. Such case, Thai working mother is more likely to be at high risk of before-birth health insecurity if the mother prefers to postnatal leave as a whole. Secondly, in term of employment protection and discrimination, obviously, Thai working mother is more likely to confront high risk on job insecurity even though she is guaranteed not to dismissal. Still, promotion determination while taking a leave and same-position resumption when return are not ensured their places. Thus, after having a 90-day leave, the mother could be placed in lower position or not equal to the previous wage legally while Korean mother is protected her position. Lastly, in term of breaks for breastfeeding and childcare provision, Thai laws seem to see breastfeeding facilities as personal matters since no article legislates maternity facilities - nursing hours and breastfeeding facilities - in workplace whereas Korean laws openly shows appreciation on settlements of breastfeeding facilities in order to support maternity benefits, especially for the employed mothers who commit parental leave. Moreover, Korean employed mother is entitled to paid nursing recesses for more than 30 minutes twice per day when her child’s age is less than 12 months. Overall, seemingly, Thai maternity-related legislation takes distance to meet ILO maternity standards, rather than South Korea. Meanwhile, as a result of a proposal to leave extension to 24 weeks and breastfeeding facilities by Breastfeeding Center, the author sees that it is a challenging reform which would bring discrimination if it was applied in near future due to political situation and increasing minimum wage campaign currently. Besides, to be alert to ASEAN integration, woman-related labor reform should take in to account in Thai society.