Employment Law in Thailand
Employment relationships in Thailand are primarily governed by the
Labour Protection Act B.E. 2541 (1998) and its amendments, supported by the Civil and Commercial Code, the Social Security Act, and the Workmen's Compensation Act. These laws apply to both Thai and foreign employees working in the private sector, whether under fixed-term or open-ended contracts.
The Labour Protection Act sets the
minimum standards that every employer must meet, covering areas such as:
- Working hours, rest periods, and overtime
- Minimum wage and payment of wages
- Public holidays and leave entitlements
- Termination, notice, and severance pay
Employers are free to offer terms more generous than the statutory minimum, but any contract clause that falls below these standards is unenforceable. Non-compliance can lead to fines, back-pay orders, and, for serious breaches, imprisonment.
Employment Contracts & Probation
Thai law does not require an employment contract to be in writing, and verbal agreements are legally valid. In practice, however, a written contract is strongly recommended to document job scope, salary, working hours, benefits, and termination terms.
There is no statutory probation period under the Labour Protection Act. Employers commonly set a probation of up to 119 days, because an employee who is dismissed without cause after completing 120 days of continuous service becomes entitled to statutory severance pay. Probationary employees enjoy the same protections and, once they cross the 120-day threshold, the same severance rights as permanent staff.
Working Hours, Rest & Overtime
The Labour Protection Act sets clear limits on working time:
- Standard working hours may not exceed 8 hours per day and 48 hours per week for general work.
- For work that is hazardous to health or safety, hours are capped at 7 hours per day and 42 hours per week.
- Employees must receive a rest break of at least 1 hour after working no more than 5 consecutive hours.
- Employees are entitled to at least one weekly holiday (rest day), with intervals of no more than 6 days between rest days (commonly Sunday).
Overtime and holiday work are voluntary and, in most cases, require the employee's consent. When they occur, the following premium rates apply:
Overtime on a normal working day
1.5× the hourly wage
Work on a holiday (within normal hours)
2× the normal rate (monthly-paid staff who already receive holiday pay get 1× extra)
Overtime on a holiday
3× the hourly wage
Type of work
Minimum pay rate
Overtime on a normal working day
1.5× the hourly wage
Work on a holiday (within normal hours)
2× the normal rate (monthly-paid staff who already receive holiday pay get 1× extra)
Overtime on a holiday
3× the hourly wage
Minimum Wage
Thailand sets a province-based daily minimum wage rather than a single national rate. The figure is reviewed by a tripartite wage committee and adjusted periodically. During 2025 the daily minimum wage ranged from roughly THB 337 to THB 400 per day depending on the province, with the highest rate (THB 400 per day) applying in Bangkok and high-cost provinces such as Phuket, Chonburi, and Rayong.
The rate is a floor that applies to all employees, including probationary and part-time staff, on a per-day basis. Employers should always check the latest rate for the specific province of employment, as bands are updated frequently.
Leave Entitlements
The Labour Protection Act guarantees several categories of paid leave. Employers may offer more, but not less, than these statutory minimums.
Annual (Vacation) Leave
Employees who have completed one full year of continuous service are entitled to at least 6 working days of paid annual leave per year, in addition to public holidays. Employers may grant leave on a pro-rata basis to employees with less than one year of service, and unused leave may be carried forward or paid out by agreement.
Sick Leave
Employees may take sick leave as often as genuinely necessary, and are entitled to up to 30 days of paid sick leave per year at their normal wage. A medical certificate may be required for absences of 3 or more consecutive working days. Days on which an employee is unable to work due to a work-related injury are not counted as sick leave.
Maternity Leave
Following the December 2025 amendment, female employees are entitled to 120 days of maternity leave per pregnancy (inclusive of holidays), up from the previous 98 days. The employer pays for the first 60 days at the employee's normal wage, while the Social Security Fund pays 50% of wages for up to 60 additional days (subject to the qualifying contribution period). Maternity leave may include time for prenatal medical appointments.
Personal Business Leave
Employees are entitled to at least 3 days of paid personal business leave per year to attend to necessary personal matters, as introduced by the 2019 amendment to the Labour Protection Act.
Military Service Leave
Employees called up for military service (for inspection, training, or readiness under the law) are entitled to leave for the required period, with the employer paying wages for up to 60 days per year.
Ordination & Sterilisation Leave
There is no statutory monkhood (ordination) leave, but many employers grant it by policy in line with Thai custom. Employees are entitled to leave for sterilisation and for medical treatment arising from sterilisation for the period certified by a physician.
Public Holidays
Employers must provide at least 13 paid public holidays per year, which must include National Labour Day (1 May). The specific days are announced annually and typically include New Year's Day, Makha Bucha, Chakri Memorial Day, Songkran (Thai New Year), Visakha Bucha, His Majesty the King's Birthday, and others.
If a public holiday falls on an employee's weekly rest day, a substitute holiday is granted on the next working day. Employees required to work on a public holiday must be paid the applicable holiday premium (see the overtime rates above) or given a substitute day off.
Termination & Severance Pay
Employment can end by resignation, mutual agreement, expiry of a fixed term, or dismissal. For open-ended contracts, either party must generally give advance notice of at least one wage-payment period (commonly one month), with the notice taking effect no later than the next pay date. Notice is not required where the employee is dismissed for serious cause listed in the Act (such as dishonesty, wilful damage, or gross negligence).
An employee dismissed without serious cause who has completed at least 120 days of continuous service is entitled to statutory severance pay, based on length of service:
Length of continuous service
Severance pay
120 days – less than 1 year
30 days' wages
1 – less than 3 years
90 days' wages
3 – less than 6 years
180 days' wages
6 – less than 10 years
240 days' wages
10 – less than 20 years
300 days' wages
20 years or more
400 days' wages
Length of continuous service
Severance pay
120 days – less than 1 year
30 days' wages
1 – less than 3 years
90 days' wages
3 – less than 6 years
180 days' wages
6 – less than 10 years
240 days' wages
10 – less than 20 years
300 days' wages
20 years or more
400 days' wages
Special Severance & Unfair Dismissal
Additional special severance pay applies where an employer relocates the workplace and the move materially affects the employee, or where staff are laid off due to the introduction of machinery or technology. Employees who believe a dismissal was unfair may file a claim with the Labour Court, which can order reinstatement or additional compensation on top of statutory severance. Payment in lieu of notice and any accrued but unused annual leave must also be settled on termination.
Conclusion
Hiring in Thailand requires careful adherence to the Labour Protection Act and its recent amendments. Meeting the statutory minimums on working hours, wages, leave, and severance—while keeping up with frequent changes such as the 2025 maternity-leave expansion—builds a strong, compliant foundation for your workforce. Consider working with an HR partner experienced in Thai labour law to ensure a smooth and compliant hiring process.
Book a call with us today to learn how we can support your hiring needs in Thailand.