In Thailand, employees who have worked continuously for at least one year are entitled to at least six working days of paid annual leave per year under the Labor Protection Act. Many employers offer more generous entitlements through company policies or employment contracts. The actual number of leave days is typically determined by the employer's work rules.
Statutory entitlement
At least 6 working days of paid annual leave per year for employees who have worked continuously for at least one year. Employers may set a higher number of leave days in their work rules.
Eligibility
Employees must have worked continuously for at least one year to be entitled to paid annual leave. For employees with less than one year of service, the employer may grant leave at their discretion.
Legal basis
Labor Protection Act B.E. 2541 (1998), Section 30; Ministerial Regulations on Annual Leave.
Employer obligations
- Grant at least 6 working days of paid annual leave per year to eligible employees.
- Pay the employee's wages during annual leave.
- Determine the specific number of leave days (minimum 6) and the leave year in the work rules.
- Allow the employee to take annual leave within the leave year.
- Not deduct pay for annual leave days taken within the entitlement.
Employee rights
- Right to at least 6 working days of paid annual leave after one year of service.
- Right to be paid at the normal wage rate during annual leave.
- Right to take annual leave as determined by the employer's work rules.
Common pitfalls
- Confusing the statutory minimum with actual entitlements — many Thai employers offer 10–15 days of annual leave as standard.
- Not specifying the leave year in the work rules — employers must define the leave year in their work rules.
- Not allowing employees to take their leave — employers must grant leave within the leave year.
How annual leave is determined
The statutory minimum is 6 working days per year, but the actual number of leave days is determined by the employer's work rules. Many companies offer 10–15 days. The work rules must be registered with the Department of Labour Protection and Welfare.
Annual leave pay
Employees receive their normal wages during annual leave. The payment is calculated based on the employee's daily wage rate.
Unused leave
Unused annual leave can be carried forward to the next year if the employer's work rules allow it. On termination, unused annual leave is typically paid out, but this depends on the employer's policy.
Frequently asked questions
Can employers offer more than 6 days of annual leave?
Yes. The 6-day minimum is the statutory requirement. Many employers offer 10–15 days or more as a standard benefit.
Are part-time employees entitled to annual leave?
Yes, if they meet the one-year continuous service requirement. The entitlement is the same as for full-time employees.
Does annual leave include public holidays?
No. Thailand has 13 statutory public holidays, which are separate from annual leave.
Sources
- Department of Labour Protection and Welfare — Annual leave Primary
- Labor Protection Act B.E. 2541 (1998)
This page is provided for general guidance and does not constitute legal advice. Always check the cited primary source for current law before making employment decisions.