Thai Employment Law Changes

On May 5th, 2019, Thailand’s Labor Protection Act (LPA) introduced a number of significant changes to the country’s labor law. These changes included an increase in severance pay, an increase in maternity leave benefits, and the implementation of mandatory paid leaves. In this blog, we will discuss some of these updated Thai labor laws.

Normal Working Hours:

According to the law, the maximum number of daily working hours is eight, while the weekly number of working hours cannot exceed 48. For any hazardous work, the daily limit goes down to seven hours, while the weekly limit is restricted to 42 hours.

Overtime:

Generally, overtime is voluntary. However, in certain emergency situations or work that is being performed continuously, an employer might require their employee to work overtime. Any employee working overtime is entitled to a pay rate that is 1.5 times higher than their regular rate. An employee working overtime during holidays is eligible for three times the normal pay rate.

Night Work:

According to the LPA, there are no night work restrictions on regular workers. However, it does contain restrictions for minors and women.

An employer cannot make their pregnant employees work between 10 PM and 6 AM. In addition, female employees working between 12 AM and 6 AM, will have an inspector assess the nature of their work. If the work may impair the employee’s safety or health, then the inspector will report it to either reduce or change the employee’s hours.

Minors cannot work between 10 PM and 6 AM, unless special permission has been obtained from the Director – General. However, employees aged 18 or below working in theater, film, or any similar industries are allowed to work during these hours, provided that their employer provides adequate rest periods.

Breaks:

Any employee working at least five consecutive hours is entitled to a minimum break of one hour. If the employee has requested to work at least 2 overtime hours, they would be eligible for a 20-minute break prior to starting the overtime work.

Public Holidays:

Employees are eligible for at least 13 paid holidays each year and the Thai government often adds to this number. The principal public holidays are:

  • Jan 1st (The start of the New Year)
  • Chakri Day
  • Magha Puja Day
  • Coronation Day
  • 1st May (Labor Day)
  • Asalha Puja Day
  • Visakha Puja Day
  • August 12th (The Queen’s birthday)
  • Chulalongkorn Day
  • December 5th (The King’s birthday)
  • December 10th (Constitution Day)
  • December 31st (New Year’s Eve)

If an employee works on a holiday, they are entitled to two times the normal pay rate (overtime, as already mentioned, is compensated at a rate three times higher than the regular rate).

Final Word:

The recent labor law changes introduced in Thailand offers their employees more benefits and protection. This aligns with the Thai Government’s aim to attract skilled labor from other parts of the world. (See also: The Labor Law of Thailand)

 

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