Thailand Law Library

by Thailand Lawyer

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

An Employee under Section 65 (1) shall not be entitled to Holiday Pay under Section 62, unless the Employer agrees to pay Holiday Pay to the Employee.

Whereas an Employer terminates the employment without any fault made by the Employee under section 119, the Employer shall pay Wages to the Employee for annual Holidays in the year of termination equal to the proportion of annual Holidays to which the Employee is entitled, including annual Holidays accumulated under Section 30.

For the purpose of calculating Overtime Pay, Holiday Pay and Holiday Overtime Pay for an Employee who receives Wages on a monthly basis, an hourly wage rate on Working Day means the monthly Wages divided by the product of thirty and the average number of working hours on a working day.

For the purpose of calculating the number hours of Overtime Work, whereas an Employer fixes normal working time on a weekly basis, traditional holidays, annual Holidays, and Leave shall be counted as Working Days.

An Employer shall pay Wages, Overtime Pay, Holiday Pay and Holiday Overtime Pay correctly and in accordance with the following time:

1. whereas Wages are calculated on a monthly, daily, or hourly basis, on the basis of another period of not more than one month, or on a piece rate basis or payment shall be made not less than once a month, unless otherwise agreed upon in favor of the Employee;
2. whereas Wages are calculated other than prescribed in (1), payment shall be made at a time agreed between the Employer and the Employee; and
3. Overtime Pay, Holiday Pay and Holiday Overtime Pay shall be paid not less than once a month.

Whereas an Employer terminates the employment of an Employee, the Employer shall pay the Employee all Wages, Overtime Pay, Holiday Pay, and Holiday Overtime Pay to which the Employee is entitled within three days from the date of the Employee’s termination.

Whereas an Employer requires an Employee to travel to work on a Holiday in a locality other than the locality of the Employee’s regular work, the Employer shall pay Wages equivalent to Wages on a Working Day to the Employee who is not otherwise entitled to Wages on Holiday under Section 56(1) for such travel.

Whereas an Employer requires an Employee to travel to work in a locality other than the locality of the Employee’s regular work, the Employee shall not be entitled to Overtime Pay under Section 61 and Holiday Overtime Pay under Section 63 during the travel but, where the travel is on a Holiday, the Employer shall pay Wages equivalent to Wages of a Working Day to the Employee who is not entitled to Wages on a Holiday under Section 56(1), unless the Employer agrees to pay Overtime Pay or Holiday Overtime Pay to the Employee.

The employer shall bear all expenses for travel under Section 71 and Section 72.

Whereas an Employer agree to pay Overtime Pay, Holiday Pay, and Holiday Overtime Pay at rates higher than those prescribed under section 61, Section 62, and Section 63, the payment shall be paid according to such agreement.

Whereas it is necessary for an Employer to temporarily suspend business, in part or in whole, for whatever cause other than a force majeure, the Employer shall pay to an Employee not less than fifty percent of the Wages of a Working Day received by the Employee before the suspension of business throughout the period which the Employer does not require the Employee to work.

The employer shall inform the Employee and a Labor Inspector in advance before the commencement of the suspension of business under paragraph one.

An Employer shall not make any deductions from Wages, Overtime Pay, Holiday Pay and Holiday Overtime Pay except the deductions made for:

1. payment of income tax in an amount shall be paid by an Employee or other payments provided by law;
2. payment of labor union dues according to the regulations of a labor union;
3. payment of debts owed to the saving cooperatives or other cooperatives of the same description, or of debts relating to beneficial to of the Employee solely, with the prior consent of the Employee;
4. payment as a deposit under Section 10, or as compensation to the Employer for damage caused by the Employee either wilfully or with gross negligence, with the prior consent of the Employee; or
5. payment as Contributions under an agreement relating to a provident fund.

The deductions under (2), (3), (4) and (5) for each case shall not be made in excess of ten per cent, and in aggregate shall not exceed one in fifths of the money to which the Employee is entitled at the time of payment under Section 70, except with the prior consent of the Employee.

Whereas an Employer is required to obtain the consent of an Employee or makes an agreement with an Employee concerning payments under Section 54, Section 55, or deductions under Section 76, the Employer shall arrange for a written consent to be signed by the Employee or an agreement to be expressly made in particular.