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Thailand - Working time - 2011


LAST UPDATE

16 September 2011

SOURCES


Name of Act

Labour Protection Act, B.E. 2541, dated 12 February 1998, as amended by Labour Protection Act (No. 2) B.E. 2551 (2008) and Labour Protection Act (No.3) B.E. 2551 (2008). English translation, as published by ThaiLaws.com
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Name of Act

Ministerial Regulation No. 1, of 19 August 1998,
B.E. 2541 (1998) issued under the Labour Protection Act.

Name of Act

Ministerial Regulation No. 3, of 19 August 1998,
B.E. 2541 (1998) issued under the Labour Protection Act, dated 19 August 1998.

Name of Act

Ministerial Regulation No. 4, of 19 August 1998,
B.E. 2541 (1998) issued under the Labour Protection Act, dated 19 August 1998.

Name of Act

Ministerial Regulation No. 8, of 14 September 1998,
B.E. 2541 (1998) issued under the Labour Protection Act.

Name of Act

Ministerial Regulation No. 9, of 19 August 1998 and of 14 September 1998, B.E. 2541 (1998) issued under the Labour Protection Act.

Name of Act

Ministerial Regulation No. 2, of 19 August 1998,
B.E. 2541 (1998) issued under the Labour Protection Act.

LEGAL DEFINITIONS


Employee/worker

Employee shall mean a person who is employed by an employer for remuneration, regardless of the title he is given.
Labour Protection Act 1998 (as amended 2008) §5

Employer

Employer means a person who agrees to accept an employee for work by paying wages and includes a person entrusted to act on behalf of the Employer and, in case where an Employer is a legal person, a person authorized to act on behalf of the legal person and a person entrusted by an authorized person to act on his or her behalf.
Labour Protection Act 1998 (as amended 2008) §5

Overtime/overtime work

Overtime work means work agreed to by the employer and employee under s23 of the Labour Protection Act 1998 and which is performed on a working day or holiday, as the case may be, in excess of or beyond the normal working time or working hours in a day.
Labour Protection Act 1998 (as amended 2008) §5

NORMAL HOURS LIMITS


Daily hours limit


General limit

8 hours
Labour Protection Act 1998 (as amended 2008) §23
Historical data (year indicates year of data collection)
  • 2009: 8 hours
  • 2007: 8 hours

Exceptions

Where the working hours of any day are less than eight hours, the employer and the employee may agree to make up the remaining working hours in other normal working days, but not exceeding nine hours per day.

Work which may be harmful to health and safety as prescribed by Ministerial Regulations, daily working time shall not exceed seven hours.
Labour Protection Act 1998 (as amended 2008) §23
Ministerial Regulation No. 2, of 19 August 1998 §2
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Special categories


» Agricultural workers

The daily hours limit does not apply to agricultural workers.
Ministerial Regulations No. 9, of 19 August and of 14 September 1998

» Domestic work

The daily hours limit does not apply to domestic workers.
Ministerial Regulation No. 1, of 19 August 1998

Weekly hours limit


General limit

48 hours
Labour Protection Act 1998 (as amended 2008) §23
Historical data (year indicates year of data collection)
  • 2009: 48 hours
  • 2007: 48 hours
  • 1995: 48 hours.

Exceptions

For work which may be harmful to health and safety as prescribed by Ministerial Regulations, weekly working time may not exceed 42 hours.
Labour Protection Act 1998 (as amended 2008) §23

Special categories


» Agricultural workers

The weekly hours limit does not apply to agricultural workers.
Ministerial Regulations No. 9, of 19 August and of 14 September 1998

» Domestic work

The weekly hours limit does not apply to domestic workers.
Ministerial Regulation No. 1, of 19 August 1998

OVERTIME WORK


Criteria for overtime


General

An employer is prohibited from requiring an employee to work overtime on a normal working day, except where he has received the prior consent of the employee. However, where the nature or type of work necessitates continuous performance failing which damage would be caused or where the work is of an urgent nature or other work as prescribed by the Ministerial Regulations, the employer may require an employee to work overtime as necessary.

In the interests of production, distribution or the provision of a service, an employer may require an employee to work hours outside his or her normal working hours on a holiday with the prior consent of the employee.
Labour Protection Act 1998 (as amended 2008) §§24, 25

Worker`s influence

Other than in the prescribed circumstances (i.e. damage or urgency), an employer must have the consent of the employee before requiring the employee to work overtime on a normal working day or holiday.
Labour Protection Act 1998 (as amended 2008) §§24, 25

Limits on overtime hours


General limits

Overtime and holiday working time shall not exceed 36 hours per week in aggregate. Further, an employer is prohibited from requiring an employee to work overtime where the work may be harmful to the health or safety of the employee (as prescribed in Ministerial Regulations).
Labour Protection Act 1998 (as amended 2008) §§23, 26, 31
Ministerial Regulation No. 3, of 19 August 1998
Historical data (year indicates year of data collection)
  • 2009: 36 hours
  • 2007: 36 hours
  • 1995: No legal provision.

Compensation for overtime work


Overtime rate(s)

Overtime rates for overtime worked on a normal working day shall be no less than 1.5 times the hourly basic pay earned in normal working hours, or no less than 1.5 times the rate for each unit of output on a normal working day.

Overtime rates for overtime worked on a holiday shall be no less than 3 times the hourly basic pay rate earned an hour on a normal working day, or no less than 3 times the rate for each unit of output on a normal working day.
Labour Protection Act 1998 (as amended 2008) §§61, 63
Historical data (year indicates year of data collection)
  • 2009: Not less than 1 and one-half times the ordinary wage, both hourly and piece rate.
  • 2007: Not less than 1 and one-half times the ordinary wage, both hourly and piece rate.
  • 1995: 50% premium during working days. 200% for overtime on public holidays.

Exceptions

The overtime rate is not applicable to employees authorized or assigned to do any of the following:
(i) to act on behalf of the employer in regard to the employment, granting of pensions or termination of employment,
(ii) an itinerant vending or induce about the purchase of goods which the employer pays the employee a commission;
(iii) railway service operation, including work on a railway carriage and work for facilitating a railway transportation;
(iv) work of opening or closing of watergate or sluice gate;
(v) work of indicating of water levels and measuring of water volume;
(vi) work on fire fighting or prevention of disaster;
(vii) work of which nature or condition has to be performed outside of the premise and the definite working time may not be fixed;
(viii) work on watch-keeping of the premise or property which is not a regular duty of the employee;
(ix) any other work as prescribed in the Ministerial Regulations.
Labour Protection Act 1998 (as amended 2008) §65
Ministerial Regulation No. 8, of 14 September 1998

Notice of requirement to work overtime


General provisions

An employer who employs 10 or more employees shall have work rules in the Thai language which shall contain particulars on the rules concerning overtime work and work on holidays.

The employer must announce the applicability of the rules within 15 days of the date the workforce reaches 10 or more employees and distribute and post the work rules in a conspicuous place at the workplace, for the information of and being seen by employees at their convenience.
Labour Protection Act 1998 (as amended 2008) §108

Special categories


Domestic work

The overtime provisions do not apply to domestic workers.
Ministerial Regulation No. 1, of 19 August 1998

Young workers

Overtime work is prohibited for young workers (under 18 years).
Labour Protection Act 1998 (as amended 2008) §48

Agricultural workers

The overtime limits do not apply to agricultural workers.
Ministerial Regulations No. 9, of 19 August and of 14 September 1998

Pregnant workers/recent birth

An employer shall be prohibited from requiring a pregnant worker to work overtime. However, the employer may employ a pregnant employee in an executive position, academic work, clerical work or work related to finance or accounting to work overtime during working days with the employee’s consent, as long as it does not effect on the health of the employee.
Labour Protection Act 1998 (as amended 2008) §39/1

SCHEDULES


General

An employer shall notify the normal working time to an employee, by specifying the start and end time on each day within the prescribed working hours limits.
Labour Protection Act 1998 (as amended 2008) §23

REST PERIODS


Rest breaks


General provisions

An employee shall be allowed a rest period of at least 1 hour after 5 hours consecutive work. The employer and employee may agree in advance to divide the rest break into more than one period, provided the agreed arrangement is beneficial to the employee.
Labour Protection Act 1998 (as amended 2008) §27
Historical data (year indicates year of data collection)
  • 2009: 1 hour after 5 hours consecutive work. The employer and employee may agree in advance to divide the rest break into more than one period.
  • 2007: 1 hour after 5 hours consecutive work. The employer and employee may agree in advance to divide the rest break into more than one period.
  • 1995: 1 hour for rest after 5 hours of work.

Exceptions

The rest breaks requirement does not apply to work of a continuous nature which the employee has agreed to perform, nor to emergency work.

Where an individual is required to work 2 hours or more of overtime, a rest break of at least 20 minutes shall be given before the overtime work begins.
Labour Protection Act 1998 (as amended 2008) §27

Special categories


» Young workers

Young workers (15-18 years) 1 hour
Labour Protection Act 1998 (as amended 2008) §46

» Agricultural workers

The provisions on rest period do not apply to agricultural workers.
Ministerial Regulations No. 9, of 19 August and of 14 September 1998

» Domestic work

The provisions on rest periods do not apply to domestic workers.
Ministerial Regulation No. 1, of 19 August 1998

Daily rest periods


Duration

No relevant provisions identified.
Historical data (year indicates year of data collection)
  • 1995: No legal provision.

Weekly rest periods


Duration


» General

An employer shall let an employee have at least one day off per week as a weekly holiday. The interval between each weekly holiday shall be no longer than 6 days.
Labour Protection Act 1998 (as amended 2008) §28
Historical data (year indicates year of data collection)
  • 2009: 1 day
  • 2007: 1 day
  • 1995: 1 day.

» Exceptions

Employees working in hotels, transport work, forestry, and a hazardous environment may agree in advance to accumulate or postpone weekly rest provided it is within a 4 week period.
Labour Protection Act 1998 (as amended 2008) §28

Day specified


» General

An employer and employee may agree in advance to fix which day shall be the weekly holiday.
Labour Protection Act 1998 (as amended 2008) §28

Work on weekly rest day


» Compensation (for working on a rest day)

Employees who are ordinarily entitled to receive basic pay for weekly rest days (i.e. not worked) shall be paid an additional amount for time worked at a rate at least equal to their basic rate of pay for work performed on weekly rest days.

Employees who are not ordinarily entitled to receive basic pay for weekly rest days (i.e. not worked) shall be paid at least double their basic rate of pay for time work performed on weekly rest days.
Labour Protection Act 1998 (as amended 2008) §§56, 62
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Special categories


» Agricultural workers

The provisions on weekly rest do not apply to agricultural workers.
Ministerial Regulations No. 9, of 19 August and of 14 September 1998

» Domestic workers

The provisions on weekly rest do not apply to domestic workers.
Ministerial Regulation No. 1, of 19 August 1998

ANNUAL LEAVE AND PUBLIC HOLIDAYS


ANNUAL LEAVE


Qualifying period

An employee must have worked continuously for 1 year to qualify for the full annual leave entitlement.
Labour Protection Act 1998 (as amended 2008) §30
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Duration


» General

Annual leave shall be for a period of not less than 6 working days following the employee’s first year of employment. In subsequent years, the employer may fix the annual vacation at more than 6 working days for an employee.
Labour Protection Act 1998 (as amended 2008) §30
Historical data (year indicates year of data collection)
  • 2009: 6 days per year
  • 2007: 6 days
  • 1995: 6 working days.

» Exceptions

For employees who have worked for less than 1 year, the employer may grant the employee an annual vacation on a pro-rata basis.
Labour Protection Act 1998 (as amended 2008) §30

Payment


» Amount

The employee shall be paid his basic pay in respect of annual leave.
Labour Protection Act 1998 (as amended 2008) §56(3)

» Date of payment

Payment of holiday pay must be made at least once a month.
Labour Protection Act 1998 (as amended 2008) §70

Schedule and splitting

The annual leave days shall be fixed in advance by the employer or set out in an agreement made between the employer and the employee.

An employer and employee may agree in advance that the annual vacation be cumulative and postponed and taken together with that of the following year.
Labour Protection Act 1998 (as amended 2008) §30

Work during annual leave

Where an employer requires an employee to work on annual leave, the employer shall pay the employee an additional amount of not less than 1 multiple of the hourly basic pay rate earned per hour during a normal working day, or not less than 1 multiple of the rate of basic pay per unit of output earned per unit on a normal working day for an employee who is paid on the basis of output.

Where an employer requires an employee to work overtime on annual leave, the employer shall pay the employee holiday overtime pay at not less than 3 times the hourly basic pay rate earned per hour during a normal working day, or not less than 3 times the rate of basic pay per unit of output earned per unit on a normal working day for an employee who is paid on the basis of output.
Labour Protection Act 1998 (as amended 2008) §62

Special categories


» Agricultural workers

The provisions on annual leave do not apply to agricultural workers.
Ministerial Regulations No. 9, of 19 August and of 14 September 1998

» Domestic work

Domestic workers have the right to annual leave as provided for in the general provisions. However, the provisions on leave pay do not apply to domestic workers.
Ministerial Regulation No. 1, of 19 August 1998

PUBLIC HOLIDAYS


Number and dates

An employer shall inform an employee in advance of at least 13 annual traditional holidays as prescribed by the Minister, which shall include National Labour Day. An employer shall consider fixing the traditional holidays in accordance with annual government, religious or local customary holidays.
Labour Protection Act 1998 (as amended 2008) §29

Work on Public Holidays


» Criteria

An employer may require an employee to work on a traditional holiday because of the nature or type of work performed by the employee, or as prescribed by Ministerial Regulations.
Labour Protection Act 1998 (as amended 2008) §29
Ministerial Regulation No. 4, of 19 August 1998

» Compensation

The employer and employee shall either agree that another day be taken as a holiday in substitution for the public holiday, or the employer may pay holiday pay instead. Holiday pay for employees reuired to work on public holidays shall be paid at the following rates:

(a) an additional amount of not less than 1 multiple of the hourly basic pay rate earned per hour during a normal working day, or not less than 1 multiple of the rate of basic pay per unit of output earned per unit on a normal working day for an employee who is paid on the basis of output.

(b) for overtime, the employer shall pay the employee holiday overtime pay at not less than 3 times the hourly basic pay rate earned per hour during a normal working day, or not less than 3 times the rate of basic pay per unit of output earned per unit on a normal working day for an employee who is paid on the basis of output.
Labour Protection Act 1998 (as amended 2008) §§29, 56, 62

EMERGENCY FAMILY LEAVE

No provisions is made for emergency family leave. However, an employee is entitled to take sick leave (’on days he is actually ill’), leave for sterilization (as prescribed and in respect of which he issues a certificate) and leave to attend to his personal business as necessary in accordance with work regulations.
Labour Protection Act 1998 (as amended 2008) §§32, 33, 34

PART-TIME WORK


General provisions

The Labour Protection Act does not make express provision for part-time work.

NIGHT WORK


Criteria for night work

Night work is not regulated separately from work during daytime hours.

Workers' health

Where an employer employs a female worker to work between 24:00 and 6:00, and a labour inspector considers that the employment may be harmful to the health and safety of the female employee, the labour inspector shall submit a report to the Director-General or his designate for consideration and the issuance of a direction to the employer to change or reduce the working hours as deemed appropriate, and the employer shall be required to comply with this direction.
Labour Protection Act 1998 (as amended 2008) §40

Special categories


Pregnant workers/recent birth

An employer shall be prohibited from requiring a female employee who is pregnant to work between 22:00 and 6:00.
Labour Protection Act 1998 (as amended 2008) §39/1

Women

Where an employer employs a female worker to work between 24:00 and 6:00, and a labour inspector considers that the employment may be harmful to the health and safety of the female employee, the labour inspector shall submit a report to the Director-General or his designate for consideration and the issuance of a direction to the employer to change or reduce the working hours as deemed appropriate, and the employer shall be required to comply with this direction.
Labour Protection Act 1998 (as amended 2008) §40

SHIFT WORK


Criteria for shift work

The Labour Protection Act does not make express provision for shift work.

ON-CALL WORK


Criteria

The Labour Protection Act does not make express provision for on-call work.

FLEXITIME


Criteria

The Labour Protection Act does not make express provision for flexi-time.

CASUAL WORK


General provisions

The Labour Protection Act does not make express provision for the working time arrangements of casual workers.

RIGHT TO CHANGE WORKING HOURS


Type of changes permitted

The Labour Protection Act does not provide for a right to change working hours.

INFORMATION & CONSULTATION


Information

An employer shall notify a normal working time to an employee, by specifying the commencing and ending time of work in each day of the employee. Where the employer may not notify the commencing and ending time of daily work due to the nature or conditions of work, the employer and employee shall agree to specify the working hours in each day of not exceeding 8 hours and the total working hours per week shall not exceed 48 hours.

Further, an employer who employs 10 or more employees shall have work rules in the Thai language which shall contain particulars on working days, regular working hours and rest periods, holidays and leave and overtime work and work on holidays. The employer must announce the applicability of the rules within 15 days of the date the workforce reaches 10 or more employees and distribute and post the work rules in a conspicuous place at the workplace, for the information of and being seen by employees at their convenience.
Labour Protection Act 1998 (as amended 2008) §§23, 108

Consultation

No provision requiring consultation identified.

Results generated on: 02nd September 2014 at 23:19:19.
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