Thailand Law Library

by Thailand Lawyer

Chapter 5: Wages, Overtime Pay, Holiday Pay and Holiday Overtime Pay

Whereas the work is of the same nature and quality and equal quantity, an Employer shall fix equal Wages, Overtime Pay, Holiday Pay and Holiday Overtime Pay to be paid to an Employee, notwithstanding that the Employee is male or female.

An Employer shall pay Wages, Overtime Pay, Holiday Pay, Holiday Overtime Pay and other pecuniary benefits related to employment in Thai currency unless the consent of the Employee is obtained to be paid by bill or in a foreign currency.

An Employer shall pay Wages, Overtime Pay, Holiday Pay, Holiday Overtime Pay and other pecuniary benefits related to employment to an Employee at the place of work of the Employee. If the payment is to be made elsewhere or by other means, the consent of the Employee must be obtained.

An Employer shall pay Wages to an Employee equivalent to Wages of a Working Day for the following holidays:

1. A weekly holiday, except for an Employee who receives Wages calculated on a daily, hourly or piece rate basis;
2. A traditional holiday; and
3. Annual Holidays.

An Employer shall pay Wages to an Employee for sick leave under Section 32 equivalent to Wages of a Working Day throughout the Leave period, but not exceeding thirty Working Days per year.

Whereas an Employee takes Leave for sterilization under Section 33, the Employer shall pay Wages to the Employee for such Leave.

An Employer shall pay Wages to an Employee for military service leave under Section 35 equivalent to the Wages of a Working Day throughout the Leave period, but not exceeding sixty days per year.

An Employer shall pay Wages to a female Employee for maternity leave equivalent to Wages of a Working Day throughout the Leave period, but not exceeding forty-five days per year.

For the purposes of wage payment under Section 56, Section 57, Section 58, Section 59, Section 71 and Section 72, whereas an Employee receives Wages calculated on a piece rate basis, the Employer shall pay Wages for Holiday or Leave equivalent to the average Wages of Working Day received by the Employee during the period of payment before such Holiday or Leave.

Whereas an Employer requires an Employee to work overtime on a Working Day, the Employer shall pay Overtime Pay to the Employee at a rate of not less than one and a half times of the hourly wage rate of a Working Day for the number of hours of work done, or, where an Employee receives Wages on a piece rate basis, not less than one and a half time of the piece rate of Wages of a Working Day for work done.

Whereas an Employer requires an Employee to work on a Holiday under Section 28, Section 29 or Section 30, the employer shall pay Holiday Pay to the Employee at the following rates:

1. for an Employee who is entitled to Wages on Holidays, the payment shall be made in addition to Wages at a rate at least equal to the hourly wage rate of a Working Day for the number of hours of work done, or, where an Employee receives Wages on a piece rate basis, of not less than onetime of the piece rate of Wages of a Working Day for work done; or
2. for an Employee who is entitled to Wages on Holidays, the payment shall be made at not less than two times of the hourly wage rate of a Working Day for the number of hours of work done, or, where an Employee receives Wages on a piece rate basis, at not less than two times of the piece rate of Wages of a Working Day for work done.

Whereas an Employer requires an Employee to work overtime on a Holiday, the Employer shall pay Holiday Overtime Pay to the Employee at the rate of not less than three times of the hourly wage rate of a Working Day for the number of hours of work done, or, where an Employee receives Wages on a piece rate basis, at not less than three times of the piece rate of Wages of a Working Day for work done.

Whereas an Employer fails to provide a Holiday for an Employee or provides less than that prescribed under Section 28, Section 29 and Section 30, the Employer shall pay Holiday Pay to the Employee and Holiday Overtime Pay according to the rates prescribed under Section 62 and Section 63 as if the employer is assigned to work on the Holiday.

An Employee who is authorized or assigned by an Employer to perform any of the following work shall not be entitled to Overtime Pay under Section 61 and Holiday Overtime Pay under Section 63, but an Employee required by the Employer to perform work according to (2), (3), (4), (5), (6), (7) or (8) below shall be entitled to receive remuneration in money equivalent to the hourly wage rate of a Working Day for the number of hours of work done:

1. an Employee who is authorized to act on behalf of the Employer in regard to the employment, granting of gratuities, reduction of Wages, or termination of employment;
2. railway service operation, i.e. work done on a railway carriage and work facilitated for railway transportation;
3. opening or closing of Watergates or spillways;
4. recording of water levels and measuring quantities of water;
5. fire fighting or public disaster prevention;
6. work which its nature or conditions has to be done outside of premises and where the definite working time may not be fixed;
7. guarding or care-taking of premises of property which is not a regular duty of an Employee; or
8. other work as prescribed in the Ministerial Regulations, unless the Employer agrees to pay the Overtime Pay or Holiday Overtime Pay to the Employee.