Knowledge Article Payroll & Labor Law

Employee and Employer Rights & Responsibilities Under Thai Labor Law

A practical guide to working hours, rest periods, holidays, leave entitlements, wages, overtime pay, and severance compensation, designed to help employers, HR teams, and employees better understand Thai labor law requirements.

5-Minute Read

Thai labor law defines both employee rights and employer obligations, covering working hours, holidays, leave entitlements, salary payments, overtime compensation, and severance pay upon termination.

Suitable for HR / Employers / SMEs Easy-to-Understand Summary

1) Working Hours and Rest Periods

In general, normal working hours must not exceed 8 hours per day and 48 hours per week. For hazardous work that may affect employee health or safety, working hours must not exceed 7 hours per day and 42 hours per week.

Employers must provide employees with a rest period of at least 1 hour per day after no more than 5 consecutive working hours. The break may be divided into shorter periods, provided that the total break time is at least 1 hour per day.

Quick Summary

  • General work: Maximum 8 hours per day and 48 hours per week
  • Hazardous work: Maximum 7 hours per day and 42 hours per week
  • Rest periods: At least 1 hour per day
  • Employees should receive at least a 20-minute break before working overtime continuously for 2 hours or more

2) Holidays and Leave Entitlements

Employees are entitled to statutory holidays and leave benefits under Thai labor law, including weekly holidays, public holidays, annual leave, and other legally protected leave entitlements.

Category Minimum Legal Entitlement
Weekly Holidays At least 1 day per week, with intervals not exceeding 6 consecutive working days
Public Holidays At least 13 days per year, including National Labour Day
Annual Leave At least 6 working days per year after completing 1 year of employment
Sick Leave Employees may take leave as medically necessary, with paid leave up to 30 working days per year
Personal Business Leave At least 3 working days per year
Maternity Leave Up to 120 days per pregnancy, including prenatal medical appointments

3) Overtime and Holiday Work

In general, employees must provide consent before working overtime or working on holidays, except for certain continuous operations, emergency work, or specific business types permitted by law.

Total overtime hours, holiday work hours, and holiday overtime hours combined must not exceed 36 hours per week.
Work Type Minimum Compensation Rate
Overtime on Regular Working Days At least 1.5 times the hourly wage
Overtime on Holidays At least 3 times the hourly wage
Holiday Work During Normal Hours for Monthly Employees Additional payment of at least 1x
Holiday Work During Normal Hours for Daily Employees At least 2x compensation

4) Wages and Employee Compensation

Employers must pay wages in monetary form and at rates not lower than the legally required minimum wage. Employers are also responsible for paying wages during eligible holidays and certain leave types as required by law.

Paid Leave Entitlements

  • Sick Leave: Paid up to 30 working days per year
  • Personal Business Leave: Paid up to 3 working days per year
  • Military Service Leave: Paid up to 60 days per year
  • Maternity Leave: Paid up to 60 days per pregnancy

Holiday Wage Entitlements

Monthly employees are generally entitled to wages during weekly holidays, public holidays, and annual leave periods. Daily-paid, hourly-paid, or piece-rate employees may not be entitled to wages during weekly holidays.

5) Severance Pay Upon Termination

If an employer terminates an employee without cause, the employee is entitled to severance compensation based on length of service and calculated from the employee’s final wage rate.

Length of Service Minimum Severance Pay
120 days but less than 1 year 30 days
1 year but less than 3 years 90 days
3 years but less than 6 years 180 days
6 years but less than 10 years 240 days
10 years but less than 20 years 300 days
20 years or more 400 days
Employees who voluntarily resign, or are terminated for serious misconduct such as fraud, intentional damage to the employer, or abandoning duties for 3 consecutive working days without reasonable cause, may not be entitled to severance compensation.

Recommendations for Employers and HR Teams

Employee rights and employer obligations should be managed systematically, as they directly impact payroll administration, working hour management, leave approval processes, and labor law compliance risks.

Key HR Areas to Review Regularly

  • Clearly define working hours, rest periods, and holiday policies
  • Maintain a reliable attendance and overtime tracking system
  • Ensure leave policies comply with labor law requirements
  • Calculate wages, overtime pay, and holiday compensation accurately
  • Prepare complete termination and severance documentation when employment ends

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Prepared by : Aim Success Co., Ltd.
Reference : Ministry of Labour Website