Thailand Minimum Wage, Working Hours and Overtime Pay Rules
1. Cap on regular working hours (Section 23)
The employer must announce to employees the daily commencement and cessation times of work. Regular working hours must not exceed the cap prescribed in the ministerial regulation for each type of work, and must not exceed 8 hours per day; if the hours on any working day fall short of 8, the two parties may agree to combine the remaining hours into other working days, provided that no day exceeds 9 hours and the combined total does not exceed 48 hours per week (Section 23).
- General work: no more than 8 hours per day and no more than 48 hours per week in total (Section 23).
- Work hazardous to health or safety: regular working hours of no more than 7 hours per day and no more than 42 hours per week in total (Section 23).
- Rest during work: after working no more than 5 hours consecutively, the employee must be given rest of not less than 1 hour; where overtime continues for 2 hours or more, the employee must be given rest of not less than 20 minutes before the overtime begins (Section 27).
2. Overtime requires the employee's consent (Sections 24 and 26)
The employer may not compel an employee to work overtime on a working day and must obtain the employee's consent beforehand on each occasion; only where the nature of the work requires continuous operation and stopping would cause damage, in an emergency, or where the ministerial regulation otherwise provides, may the employer require overtime to the extent necessary (Section 24). The combined cap on overtime hours and hours worked on rest days follows the ministerial regulation, and the specific hours are subject to the official rules (Section 26; our firm can help confirm).
3. Rest days, holidays and annual leave (Sections 28, 30 and 56)
The employer must give each employee a weekly rest day of not less than 1 day, and no two rest days may be more than 6 days apart (Section 28). An employee who has worked consecutively for a full year is entitled to annual leave of not less than 6 working days per year; for an employee who has not completed one year, the employer may calculate it on a pro rata basis (Section 30). For the weekly rest day, traditional holidays and annual leave, the employer must pay wages equal to those for a working day (Section 56); the specific number and list of traditional holidays are subject to the official rules (our firm can help confirm).
4. Overtime pay and rest-day compensation multipliers (Sections 23, 62, 63 and 65)
Overtime on a working day Consent required
Overtime on a working day requires the employee's prior consent (Section 24); for hours worked in excess of the agreed working hours on a working day, the law expressly requires payment of not less than 1.5 times the normal hourly wage (Section 23).
Work on a rest day Separate compensation
Where the employer requires an employee to perform normal work on a rest day, rest-day work compensation must be paid (Section 62); the specific multiplier is subject to the statute and the official rules (our firm can help confirm).
Overtime on a rest day 3x
Where the employer requires an employee to work overtime on a rest day, the overtime compensation must be not less than 3 times the normal hourly wage (Section 63).
Certain employees who have managerial authority, or who are assigned by the employer to perform specified duties, are not entitled by law to the overtime pay described above (Section 65); whether an employee falls within this category must be assessed case by case.
5. Minimum wage is set by proclamation of the Wage Committee (Sections 87, 88 and 90)
When considering the minimum wage, the Wage Committee must weigh facts such as the cost-of-living index, the inflation rate, living standards, production costs, the prices of goods and services, business capability, labour productivity and economic and social conditions (Section 87), and, after proposing the drafted minimum wage rate to the Cabinet for approval, announce it in the Royal Gazette (Section 88). Once the proclamation takes effect, the employer may not pay wages below the minimum wage and must post the proclamation in a conspicuous place at the workplace (Section 90). The specific daily minimum wage figure for each province is not set out in the statute but is governed by the Wage Committee's proclamation (our firm can help confirm).
Working-hour arrangements, overtime multipliers and minimum-wage application vary by industry, job category and the latest proclamations, and must be confirmed case by case. SLF Accounting can assist with payroll and overtime calculations, payslip preparation and compliance checks — please get in touch with us.
FAQ
What is the legal cap on regular working hours in Thailand?
For general work, no more than 8 hours per day and no more than 48 hours per week in total; for work hazardous to health or safety, no more than 7 hours per day and no more than 42 hours per week (Section 23). After working no more than 5 hours consecutively, the employee must be given rest of not less than 1 hour (Section 27).
Does requiring an employee to work overtime need prior consent?
Yes. The employer may not compel an employee to work overtime on a working day and must obtain the employee's consent beforehand on each occasion; only where the work must be performed continuously and stopping would cause damage, in an emergency, or where the ministerial regulation so provides, may overtime be required to the extent necessary (Section 24).
How is pay for work and overtime on a rest day calculated?
Where the employer requires an employee to work overtime on a rest day, the overtime compensation is not less than 3 times the normal hourly wage (Section 63); pay for normal work on a rest day is governed by Section 62, with the specific multiplier subject to the statute and the official rules (our firm can help confirm).
What is the minimum wage in Thailand?
The minimum wage is deliberated by the Wage Committee, then proposed to the Cabinet for approval and announced in the Royal Gazette; employers may not pay below that standard and must post the proclamation (Sections 87, 88 and 90). The specific figure for each province is not set out in the statute but is governed by the Wage Committee's proclamation, which our firm can help confirm.