Thailand Law Library

by Thailand Lawyer

Chapter 2: Employment of Labor in General

An Employer shall notify Employees of the normal working time whereby the commencing and ending time of work for an Employee in each day and does not exceed the working time for each type of work as prescribed in the Ministerial Regulations the working time shall not exceed eight hours per day and the total working time per week shall not exceed forty-eight hours. Where the work may be hazardous to the health and safety of the Employee as prescribed in the Ministerial Regulations, the normal working time shall not exceed seven hours per day and the total working time per week shall not exceed forty-two hours.

Whereas an Employer is unable to specify the commencing and ending time of work in each day due to the description or nature of the work, the Employer and Employees shall agree to specify the working hours not exceeding eight hours per day in each day and the total working time per week shall not exceed forty-eight hours.

An Employer shall not require an Employee to work overtime on a Working Day unless the Employee’s prior consent is obtained on each occasion.

Whereas the description or nature of work requires it to be performed continuously and stoppage may cause damage to the work, or it is emergency work, or other work as prescribed in the Ministerial Regulations, an Employer may require an Employee to work overtime as necessary.

An Employer shall not require an Employee to work on a Holiday unless the description or nature of work requires it to be performed continuously and stoppage may cause damage to the work, or it is emergency work. In that case, an Employer may require an Employee to work on a Holiday as necessary.

An Employer may require an Employee to work on a Holiday in a hotel business, an entertainment establishment, transport work, a food shop, a beverage shop, a club, an association, a medical establishment or any other businesses as prescribed in the Ministerial Regulations.

For the purposes of production, sale and service, an Employer may require an Employee to work on a Holiday as necessary, other than as prescribed under paragraph one and paragraph two, provided that the employee’s prior consent is obtained on each occasion.

The hours of Overtime Work under Section 24 paragraph one and the hours of Holiday work under Section 25 paragraph two and paragraph three in total shall not together exceed the numbers of hours prescribed in the Ministerial Regulations.

On a Working Day, an Employer shall arrange a rest period during work for an Employee of not less than one hour per day after the Employee has been working for not more than five consecutive hours. An Employer and Employee may agree in advance that each rest period may be less than one hour but the total the rest period per day shall not be less than one hour.

Whereas an Employer and Employee agree to specify rest periods during work other than paragraph one, the agreement shall be applicable only if it is more favorable to the Employee.

A rest period during work shall not be counted as working time except where the total rest period is more than two hours per day, where the amount of time exceeding two hours shall be counted as normal working time.

Whereas any Overtime Work after normal working time is more than two hours, the Employer shall arrange for the Employee to take a rest period of not less than twenty minutes before the Employee commences the Overtime Work.

The provisions in paragraph one and paragraph four shall not apply where an Employee is required to do work of a continuous nature or character with the consent of the Employee, or in case of the emergency work.

An Employer shall provide a weekly holiday of not less than one day per week for an Employee, and the interval between weekly holidays shall be not more than six days the Employer and the Employee may agree in advance to fix any day as a weekly holiday.

Whereas an Employee performs work in a hotel business, transport work, work in a forest, work in a location lacking basic facilities, or any other work as prescribed in the Ministerial Regulations, the Employer and the Employee may agree in advance to accumulate and postpone weekly holidays to be taken at any time, but they must be taken within a period of four consecutive weeks.

An Employer shall announce not less than thirteen traditional holidays per year in advance for Employees, including National Labor Day as specified by the Minister.

The Employer shall fix the traditional holidays according to the annual official holidays, religious or local traditional holidays.

If a traditional holiday falls on a weekly holiday of an Employee, the Employee shall take a day off to substitute for the traditional holiday on the following Working Day.

Whereas an Employer does not provide a traditional holiday to an Employee because the Employee performs work of such description or nature as prescribed in the Ministerial Regulations, the Employer shall make an agreement with the Employee to take another day off to substitute for the traditional holidays or the Employer shall pay Holidays Pay to the Employee.

An Employee who has worked for an uninterrupted period of one yea, is entitled to annual Holidays of not less than six Working Days in one year, and the Employer is obliged to fix the Holiday in advance for the Employee or as agreed by the Employer and Employee.

In the following year, the Employer may fix annual Holidays for the Employee of more than six Working Days.

The Employer and the Employee may agree in advance to accumulate and postpone any annual Holiday that has not yet been taken in a year to be included in the following years.

For the Employee who has not completed one year of service, the Employer may set annual Holidays for the Employee on a pro rata basis.

An Employer shall not require an Employee to perform work overtime or on which may be hazardous to the health and safety of the Employee under Section 23 paragraph one on an overtime or a holiday.

An Employee is entitled to sick leave as long as he or she is actually sick. For sick leave of three days or more, the Employer may require the Employee to produce a certificate from a first class physician or an official medical establishment. If the Employee is unable to produce a certificate from a first class physician or an official medical establishment, the Employee shall give an explanation to the Employer.

If a physician is provided by the Employer, this physician shall issue the certificate except where the Employee is unable to be examined by the physician.

A day which an Employee is unable to work on account of injury or illness arising out of employment or on maternity leave under Section 41 shall not be regarded as sick leave under this Section.

An Employee shall be entitled to leave for sterilization and leave as a result of sterilization for a period determined, and with a certificate issued by a first class physician.

An Employee shall be entitled to leave for necessary business in accordance with the work rule of his or her workplace.

An Employee shall be entitled to leave for military service for inspection, military drilling or for readiness resting under the law concerning military service.

An Employee shall be entitled to take leave for training or the development of his or her knowledge and skills in accordance with the rules and procedures prescribed in the Ministerial Regulations.

An Employer shall not require an Employee to lift, carry on his or her shoulders, carry on his or her head, pull or push loads in excess of the weights prescribed in the Ministerial Regulations.