Protecting Your Employment Rights in Thailand
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Know Your Rights
There are two main bodies of law in Thailand that govern employment: (1) the Civil and Commercial Code, and (2) the Labor Protection Act (collectively the Employment Laws). These laws apply equally to both Thai nationals and expatriates, Thai and Foreign-owned enterprises.
There is no discrimination under the Employment Laws between Thais and Foreigners.
We have set out below a summary of the rights and protections of employees in Thailand under Thailand’s employment law.
This is not exhaustive but covers the core areas. All financial figures are the current figures and are subject to review.
Employees are entitled to the holidays as detailed below:
- The employees who have worked continuously for one full year are entitled to an annual holiday of no lesser than six working days.
- The employees who have worked for lesser than one year are entitled an annual holiday on a pro-rata
In addition to the above, the employees are entitled to no lesser than 13 days of traditional holiday each year (inclusive of the National Labor Day). The traditional holidays are to be in accordance with the public’s annual holiday, religious holiday, or local customary holiday.
Employees’ working hours shall not exceed eight hours per day. If the working period in any one day is less than eight hours, the remaining hours can be added to the other normal working days upon mutual agreement between the employer and employee. However, such working hours shall not exceed nine hours per day and 48 hours per week.
Employees are entitled to at least one hour rest period after working for five hours consecutively. The rest period can be agreed otherwise between the employer and employee, however, the total rest period per day shall not be less than one hour.
- Contributed for not lesser than 180 months (whether consecutively or not): entitled to the monthly living allowances or known as superannuation pension in the amount of 20% of the average wage (capped at THB 15,000) for the last 60 months before retirement; or
- Contributed for over 180 months (whether consecutively or not): entitled to the monthly living allowances or known as superannuation pension in the amount of 20% of the average wage (capped at THB 15,000) for the last 60 months before retirement plus an extra 1.5% for each additional year.
Pregnant female employees are entitled to no more than 98 days maternity leave.
Pregnant female employees are entitled to their normal earnings for the period of 45 days from their employer and pay for the other 45 days from the Social Security Fund.
Statutory sick pay
Employees are entitled to sick pay equal to their wage for a normal working day for the entire period of time taken as sick leave, but not exceeding 30 working days per year.
Statutory notice periods
Where period of employment is not specified in the employment contract, if the employer wishes to terminate the employment contract, a written advance notice must be given to the employees on or before the due date of wage payment and such termination shall take effect on the following due date of the wage payment.
If the employer wishes to immediately terminate the employment contract, the employer shall render a payment in lieu of advance notice to the employees in the amount to be paid up until following due date of the wage payment
Unfair dismissal of employees are as follows:
- Immediate dismissal without cause and without severance pay;
- Termination of the employment contract without payment of unused annual leave;
- Termination of the employment contract due to violation of work regulations by the employees without prior warning; or
- Termination of employment contract under the ground prohibited by
Accordingly, in case of unfair dismissal, if the court see that the dismissal of employees is unfair, the court may order the employer to reinstate the employee or order the employer to compensate the employee as the court see fits.
Statutory redundancy payment
A statutory redundancy payment or known as severance pay in Thailand must be provided to the employees if the employer dismisses the employees without cause. The details of severance pay are summarized as follows:
|Length of service
|Severance pay rate
|120 days but less than one year
|One year but less than three years
|Three years but less than six years
|Six years but less than 10 years
|10 years or more
|More than 20 years