Labour Protection Act B.E. 2541 (1998)

Chapter 1 — General Provisions

Defines the key terms used throughout the Act, including 'employer' (a person who agrees to engage another to work in return for wages), 'employee' (a person who agrees to work for an employer in return for wages, irrespective of the name of the contract), 'wages', 'work day', 'rest period', 'holiday' and 'severance pay'. The definitions are deliberately broad and substance-over-form — courts look at the reality of the working relationship rather than the contract label.

Chapter 2 — General Employment of Labour

An employer must fix the normal working hours of an employee. Working hours per day must not exceed 8 hours, or such lesser number as may be fixed by Ministerial Regulation for certain hazardous work (where the limit is 7 hours). Total working hours per week must not exceed 48. The employer and employee may agree to redistribute hours within these limits.

Chapter 2 — General Employment of Labour

An employee is entitled to at least one weekly holiday at intervals of not more than 6 working days. Overtime on a normal working day must be paid at 1.5 times the hourly rate; work on a weekly or public holiday at the normal rate plus an additional 1 times the rate; and overtime on a holiday at 3 times the normal hourly rate. Special rules apply to managerial-level employees.

Chapter 2 — General Employment of Labour

An employee is entitled to sick leave as actually sick. The employer must pay wages for sick leave up to a total of 30 working days per year. The employer may require a medical certificate from a qualified doctor or government clinic for sick leave of three working days or more.

Chapter 3 — Employment of Women

A pregnant employee is entitled to maternity leave of not more than 98 days per pregnancy, including holidays falling within the leave period and time taken for ante-natal check-ups. The employer must pay wages for the leave at the normal rate, but not exceeding 45 days per pregnancy; the social-security system covers a portion of the remaining period.

Chapter 6 — Wages, Overtime Pay, Holiday Pay, Holiday Overtime Pay

The rate of minimum wage is fixed by the Wage Committee under the Ministry of Labour and varies by province. The employer must pay each employee wages at no less than the minimum-wage rate applicable to the province of the workplace. The Wage Committee reviews rates periodically; rates have increased in stages between THB 330 and THB 400 per day across provinces as of 2024-2025.

Chapter 5 — Holidays and Leaves

An employee who has worked continuously for a full year is entitled to an annual holiday of not less than 6 working days per year. The employer fixes the dates in advance or by agreement with the employee. An employer may carry over or accumulate annual holiday from year to year if the employer and employee agree.

Chapter 5 — Holidays and Leaves

An employer must announce in advance not less than 13 traditional (public) holidays per year for the employees, including National Labour Day (1 May). Where a traditional holiday falls on a weekly holiday, the next working day must be observed as a substitute holiday. The Government's annual cabinet resolution announces additional holidays from time to time, but the statutory minimum is 13.

Chapter 11 — Severance Pay

On termination without cause an employee is entitled to severance pay based on length of continuous service: 120 days but less than 1 year — 30 days' wages; 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. The 400-day band was added by Amendment No. 7 (2019).

Chapter 11 — Severance Pay

An employer is not required to pay severance to an employee who is terminated for one of the statutory just causes: (1) dishonest performance of duties or intentional commission of a criminal offence against the employer, (2) intentionally causing damage to the employer, (3) negligence causing serious damage, (4) violation of the work rules or lawful orders after a written warning (or, in serious cases, immediately), (5) absence from duty for 3 consecutive working days without justifiable cause, or (6) imprisonment by a final court judgment.

Chapter 11 — Severance Pay

Where the contract of employment has no fixed term, either party may terminate it by giving written notice to the other on or before any one pay period to take effect at the next pay period. (Read with Section 17 of the CCC.) Payment in lieu of notice is permitted. Advance notice is separate from, and additional to, severance pay.