Employer–Employee Rights and Duties You Need to Know!

Last updated: 28 Aug 2025

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Rights and Duties of Employers and Employees
(Reference: Labor Protection Act B.E. 2541 (1998) and its Amendments, Department of Labour Protection and Welfare, Ministry of Labour)

1. Working Hours

Principle: To prevent excessive use of labor and to safeguard employees health and safety.
Regulations:
- General work: Not more than 8 hours per day, 48 hours per week
- Hazardous work: Not more than 7 hours per day, 42 hours per week
Section: 23-24
Meaning: Employees must not be compelled to work excessively. In particular, for hazardous work, working hours must be reduced to ensure safety.

2. Rest Periods

Principle: To allow employees to recover physically, reduce fatigue, and enhance work efficiency.
Regulations:
- Employees must be given at least 1 hour of rest per day after no more than 5 hours of continuous work.
- Before working overtime of 2 hours or more, employees must be given at least a 20-minute break.
Section: 27
Meaning: Rest periods are a right that employers must provide, except in cases where work must be performed continuously or in emergency situations.

3. Holidays

Principle: To allow employees to rest and maintain a balanced family and social life.
Regulations:
- Weekly holidays: At least 1 day per week
- Traditional (public) holidays: At least 13 days per year
- Annual leave: At least 6 days per year (for employees who have completed 1 year of service)
Sections: 28-30
Meaning: Legally prescribed holidays are the minimum standard that employers must provide to ensure employees quality of life.

4. Overtime and Holiday Work

Principle: Employees must have the freedom to decide whether to work overtime (OT) and must receive fair compensation.
Regulations:
- Overtime work is permitted only with the employees consent (except for necessary or continuous work).
- Combined overtime and holiday work must not exceed 36 hours per week.
Sections: 24, 32, 33
Meaning: To prevent employers from forcing employees to work excessively, and to ensure that employees receive higher special wages for such work.

5. Leave

Principle: To support employees health, family responsibilities, and personal development.
Regulations:
- Sick leave: As necessary, with wages paid up to 30 days per year (Section 32)
- Personal business leave: As prescribed by the employers work rules (Section 34)
- Sterilization leave: As determined by a physician (Section 34/1)
- Military service leave: In accordance with a summons, with wages paid up to 60 days per year (Section 35)
- Maternity leave: 90 days per pregnancy, with wages paid for 45 days (Section 41)
Training/Education leave: Advance notice of at least 7 days required (Section 40)
Meaning: Employees are entitled to leave without loss of wage rights in certain cases, to protect their health, fulfill civic duties, and develop their potential.

6. Compensation

Principle: Wages must be fair, transparent, and sufficient, in accordance with minimum standards.
Regulations:
- Minimum wage: Must not be lower than the rate prescribed by law (Sections 5, 76)
- Overtime on working days: At least 1.5 times the normal wage (Section 61)
- Overtime on holidays: At least 3 times the normal wage (Section 63)
- Holiday work compensation: Additional 12 times the normal wage, depending on entitlement (Sections 6263)
- Leave pay: Sick leave (30 days), sterilization leave, military service leave (60 days), maternity leave (45 days)
Meaning: Employers must pay compensation at least in accordance with the legal requirements; any payment below this is considered unlawful.

7. Severance Pay upon Termination

Principle: To protect employees from undue hardship when terminated without fault.
Regulations (based on length of service):
- 120 days less than 1 year: 30 days wages
- 1 year less than 3 years: 90 days wages
- 3 years less than 6 years: 180 days wages
- 6 years less than 10 years: 240 days wages
- 10 years or more: 300 days wages
Section: 118
Meaning: Employees are entitled to severance pay based on years of service to ease financial difficulties while seeking new employment.

Special Cases:

Business restructuring or adoption of new technology: Employer must give 60 days advance notice or pay compensation in lieu thereof (Section 121).
Relocation of establishment: Employer must give 30 days advance notice; if the employee refuses to relocate, the employer must pay special severance compensation (Section 120).

8. Cases Where Severance Pay Is Not Required

Principle: To protect the employers rights when an employee commits serious misconduct.
Regulations:
- Employee resigns voluntarily
- Employee commits fraud or a criminal offense against the employer
- Employee commits gross negligence
- Employee violates work rules despite prior warning
- Employee abandons work for 3 consecutive days
- Employee is sentenced to imprisonment
- Employment is for a fixed term and ends upon contract expiration
Section: 119
Meaning: Employees who commit misconduct or whose contract has expired are not entitled to any severance pay.

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