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Thai Employer Duties: Mandatory Employee Benefits
Thai employers (including foreign-incorporated subsidiaries) owe statutory minimums on holidays, leave, severance, social security, and workplace safety under the Labour Protection Act + sister statutes. This guide lists the floor.
TL;DR
Thai employers (Thai or foreign-incorporated) owe a statutory benefit floor under the Labour Protection Act B.E. 2541 (1998), Social Security Act B.E. 2533 (1990), Workmen's Compensation Act B.E. 2537 (1994), and the Skill Development Promotion Act B.E. 2545 (2002). Floor obligations apply regardless of contract; superior employer policies override but cannot fall below.
The Statutory Floor
| Benefit | Standard |
|---|---|
| Working time | Max 48 hr/week non-hazardous, 42 hr hazardous |
| Daily rest | ≥1 hr after 5 consecutive hours |
| Weekly rest | ≥1 day per week |
| Public holidays | ≥13 per year (employer can publish list) |
| Annual leave | 6 days after 1 year |
| Sick leave | 30 days/year paid |
| Maternity leave | 98 days (45 paid by employer, balance via SSO) |
| Severance (≥120 days, <1 yr) | 30 days' wages |
| Severance (1-3 yrs) | 90 days' wages |
| Severance (3-6 yrs) | 180 days' wages |
| Severance (6-10 yrs) | 240 days' wages |
| Severance (10-20 yrs) | 300 days' wages |
| Severance (≥20 yrs) | 400 days' wages |
Insurance / Contributions
- Social Security (SSO): employer 5% + employee 5% of wages (capped).
- Workmen's Compensation: employer-only (premium rate by industry risk).
- Provident fund: voluntary; common in larger firms.
Common Mistakes
- Treating foreign employees as outside Labour Protection Act — they're inside.
- Misclassifying employees as contractors to avoid contributions — substance over form.
- No written workplace rules where 10+ employees (§108).
- Insufficient annual-leave accrual.
FAQs
1. Severance for fixed-term contract?
Statutory severance still applies on non-renewal; exceptions narrow.
Related Reading
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