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Last updated on: January 23rd, 2025
Labor Requirements
The Labour Law in Thailand is regulated mainly by the Labor Protection Act,1998. The Regulations govern the terms and conditions of employment such as working hours, holidays, rest periods, wages, overtime, leave and termination of employment, etc.
The term and conditions employment are also regulated under certain acts which are the Persons with Disabilities Empowerment Act 2007, the Unfair Contract Terms Act 1997, the Workers’ Compensation Act 1994, the Social Security Act 1990, the Act for the Establishment of and Procedure for the Labor Court, 1979 and the Labor Relations Act,1975.
Hours & Pay Regulations
Normal Working Hours
Normal working hour shall not exceed more than 8 hours a day and 48 hours a week (exclusive of overtime).
If the working hours on any given day are less than eight, the employer and employee may mutually agree to make up the difference on other regular workdays. However, daily working hours must not exceed 9 hours (inclusive of overtime), and the total weekly working hours should remain within 48 hours.
Employees are entitled to work reduced working hours if the work is deemed potentially harmful to employees’ health and safety. Reduced working hours must not exceed seven hours a day and must not exceed forty-two hours per week. Labor Protection Act, § 23.
Recording Requirement
An employer is required to maintain an employee register for at least two years following the termination of employment. The register must include the following details:
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- Employee’s first name and surname
- Gender
- Nationality
- Date of birth or age
- Date of commencement of employment
- Position or duties
- Agreed wage rate and other benefits
- Date of termination of employment
- Working days and hours
- Work performed for employees paid based on work results calculated in units
- Wages, overtime pay, holiday pay, and holiday overtime pay received by the employee
- If any changes occur, the employer must update the register within 15 days from the date of the change or the employee’s notification
The employer must specify the standard working hours for employees, including the start and end times for each workday. If the nature or conditions of the job prevent the employer from specifying the start and end times for daily work, the employer and employee must agree on a schedule. Labor Protection Act,§ 112- 115.
Overtime
Any work performed beyond 8 hours a day or 48 hours a week is considered overtime work. An employee shall not work more than 9 hours a day.
Employers must not require employees to work overtime, work on holidays, or work overtime on holidays for more than a total of 36 hours per week.
Overtime is generally voluntary. An employer may require an employee to work overtime only in an emergency or if the nature of the work requires that it be performed continuously. Supervisors or salesmen paid by commission are not entitled to overtime or holiday overtime pay.
Pay – An employee is entitled to premium pay of at least 150% [1.5 times] at their regular rate of pay for overtime work. Labor Protection Act, § 23, 24, 61, Ministerial Regulation No. 3.
Night Work
The Labor Protection Act does not provide any restrictions on night work for regular employees. However, the Act does contain restrictions for women and minors.
For pregnant employees, the Act prohibits night work between 10:00 p.m. and 6:00 a.m. In addition, for non-pregnant female employees who work anytime between midnight to 6:00 a.m., if the Labor Inspector finds that the nature of work is harmful to the employee’s health and safety, the Inspector must report this further so as to order the employer to change the employee’s working hours or reduce the number of working hours.
Minors are prohibited from working anytime between 10:00 p.m. to 6:00 a.m. unless permission is granted by the Director-General. However, the employer may require a young worker under 18 years of age who is a performer in film, theatre or other similar acts to work during such hours; provided that the employer shall provide the young worker with proper rest periods. Labor Protection Act, 40, 47.
Breaks
An employee is entitled to a rest period of at least one hour after every five consecutive hours of work. However, an employer and employee may agree in advance to shorter breaks, provided the total break time for the day amounts to no less than one hour.
Break periods between working hours are generally not counted as working hours. However, if the cumulative break time exceeds two hours in a single day, any time beyond the two-hour threshold is considered as regular working hours.
In instances where an employee is required to work overtime, exceeding two hours beyond normal working hours, the employer must provide a mandatory rest period of at least twenty minutes before the commencement of the overtime work. Labor Protection Act,§ 27, 46.
Weekly Rest
Employees are entitled to a weekly rest day of not less than one day per week. The interval between weekly holidays must not exceed six days. The employer and employee may agree in advance to determine a weekly holiday on any day. Labor Protection Act,§ 28, 62, 63.
Work On Rest Days
If an employee works on their weekly rest day, they are entitled to receive not less than 200% [2 times] of their regular rate of pay for work performed.
Overtime work on weekly rest Day– If an employee performs overtime work on their weekly rest day, they are entitled to receive not less than 300% [3 times] of their regular rate of pay for overtime work performed. Labor Protection Act,§ 23-25, 27-29,62.
Public Holidays
Employees are entitled to a minimum 13 paid holidays per year. The employer is responsible for designating at least 13 traditional holidays per year, including National Labor Day. These holidays can be selected from annual government holidays, religious holidays, or local customs and traditions:
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- New Year’s Day – January 1
- Makha Puja Day – date may varies
- Chakri Day – date may varies
- Songkran Festival (Thai New Year)
- Labor Day – May 1
- Coronation Day of King Vajiralongkorn
- Visakha Puja Day – date may varies
- Queen Suthida’s Birthday- June 3
- Asanha Bucha Day- July 10
- Buddhist Lent or Khao Phansa Day- July 11
- King Vajiralongkorn’s Birthday- July 28
- Her Majesty the Queen Mother’s Birthday- August 12
- Passing of His Majesty the Late King Bhumibol- October 13
- Chulalongkorn Memorial Day- October 23
- His Majesty King Bhumibol’s Birthday- December 5
- Constitution Day- December 10
- New Year’s Eve- December 31
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When a public holiday falls on a weekly holiday (like a weekend), employees get a compensatory day off on the next working day.
An employer may not require an employee to work on a holiday unless work must be performed without interruption, an emergency is involved or the employee works in a hotel, an entertainment establishment, a shop that sells food or drinks, a club or an association, a medical facility or the transportation industry.
Work on Holiday – If an employee works on their holiday, they are entitled to receive not less than 200% [2 times] of their regular rate of pay for work performed.
Overtime work on Holiday– If an employee performs overtime work on their holiday, they are entitled to receive not less than 300% [3 times] of their regular rate of pay for overtime work performed. Labor Protection Act, § § 29, 56, 62, 63, Ministerial Regulation No. 4.
Annual Leave
Duration of Annual Leave – An employee is entitled to 6 working days of paid annual leave.
Eligibility Criteria – An employee who has worked continuously work for at least one year with the same employer. For those who has worked for less than one year, the employer may grant the employee an annual leave on a pro-rate basis.
Carryover of leave – Employer and the employee can make an agreement to save any unused annual holidays from the current year and carry them over to future years.
Termination of Employment – If an employee leaves the company (resigns or is terminated), they are entitled to payment for unused annual leave based on their salary at the time of termination. Labor Protection Act, 1998 § 30, 56, 67.
Special Leave
Duration of Sick Leave- An employee is entitled to unpaid sick leave as long as they are actually ill. Employees are entitled to receive a maximum of 30 days of paid sick leave in a year.
Pay benefits- An employee is entitled to paid sick of 30 days in a year at their regular rate of pay.
Medical Certificate-When the sick leave lasts for three working days or more, the employer may ask the employee to provide a medical certificate from a first-class modern medical doctor or a government hospital. If the employee cannot provide such a certificate, they must explain the reason to the employer. The employer can also arrange for a doctor, that doctor will issue the medical certificate, unless the employee is unable to be examined by that doctor.
Sick Leave for more than thirty days in a year- When sick leave is taken for a period more than thirty days, employer is not required to compensate the employee, the employee will be compensated by the social security agency. To be eligible for social security benefits, the employee must have paid contributions for at least three months within the fifteen months prior to receiving medical services.
If an employee must stop working for medical treatment as ordered by a doctor, they will receive compensation for lost income. This will be equal to 50% of their wages for up to 90 days per calendar year, not exceeding 180 days in total, unless it’s a chronic illness. For chronic illnesses, compensation can extend up to 365 days.
Work-related injuries or illnesses: The insured person is entitled to 50% of their wages for up to 90 days per calendar year, not exceeding 180 days in total, unless it’s a chronic illness. For chronic illnesses, compensation can extend up to 365 days. The compensation period starts from the first day the insured person stops working as ordered by a doctor.
If the insured person receives wages from their employer during this period, they are not entitled to compensation until those wages end. If the wages are less than the compensation, the insured person can receive the difference from the fund. Labor Protection Act, 1998 § 32, 57 , Social Security Act, § 62, 63 and 64.
Duration Maternity Leave– An employee is entitled to 98 days of paid maternity leave for each pregnancy. These leaves can be used either before delivery or after delivery and can also be used for pre-natal checkups.
Whereas a female Employee who is pregnant presents a certificate from a first-class physician certifying that they are unable to continue in their previous duties, the Employee shall be entitled to request the Employer to temporarily change their duties before or after delivery, and the Employer shall consider changing her duties to suitable work for such an employee.
Eligibility Criteria– An employee to be eligible to receive maternity benefits, social security contributions will need to have been made for at least five months in the last 15 months.
Pay benefit– Maternity leave is paid to the employee by the employer for 45 days and the remainder from the Social Welfare Fund.
Eligibility Criteria to receive benefits from Social Welfare Fund- An employee can receive maternity benefits for themselves or their wife if they have paid insurance contributions for at least five months within the fifteen months before receiving medical services. If the insured person does not have a wife but lives with a woman as husband and wife according to regulations, they can also receive maternity benefits for that woman.
The female employee is entitled to receive maternity leave benefits from Social Security. This benefit is 50% of their average salary. It is provided for 90 days. This benefit is only applicable for the first and second child. Labor Protection Act, 1998 § 41, 59 , Social Security Act, § 65, 67.
Employees are entitled to paid leave of up to 60 working days per year for military service.
This includes leave for activities such as inspection, military drilling, or readiness resting, as specified under the law concerning military service. Labor Protection Act, § 35,58.
Employees are entitled to take paid leave in order to be sterilized. The length of the leave is determined by a physician. Labor Protection Act, § 33, 57.
Employees are entitled to take unpaid leave for training. Such training must consist of a course or program with a definite duration. Leave can also be taken for educational examinations organized or permitted by the government.
Notification Requirement– Employees must notify their employer at least 7 days in advance and provide evidence of the training or examination. If no evidence is available, the employee is still entitled to take leave.
Employers may refuse leave if the employee has already taken leave for training or development within the same year, if the leave is likely to cause harm or significantly disrupt the employer’s business operations, or if the employee has already taken leave for at least 30 days or on three occasions, resulting in damage or disruption to business operations. Labor Protection Act, §36, Ministerial Regulation No. 5.
An employee is entitled to paid leave for up to 3 working days for personal work. The employer is required to provide pay for no more than 3 days of leave for personal work. Labor Protection Act, § 34, 57/1.
