Reviewed by ThaiLawOnline, a licensed Thai law firm practising in Thailand since 2006. Thai lawyer of record: Wichuda Atthamethakon, LL.M., Thai Bar Licence 3149/2556.
Last updated on September 5, 2026
Labour Protection Act B.E. 2541 (1998) (พระราชบัญญัติคุ้มครองแรงงาน, Phra Ratchabanyat Khumkhrong Raengngan, abbreviated LPA and also spelled Labor Protection Act) is Thailand’s principal employment statute, setting minimum standards for working hours, holidays and leave, wages, notice, severance and welfare for employees of private employers. Its provisions are a floor: a contract may give more but any term giving less is void to that extent. It applies to a foreign employee working in Thailand exactly as it applies to a Thai one.
Table of Contents
What the Act covers
The Act binds every private employer; central, provincial and local government are outside it, and state enterprises have their own law. Its core rules: a working day of 8 hours and week of 48 (7 and 42 in hazardous work); at least one rest day a week and one hour of rest after five hours; at least 13 traditional holidays a year including National Labour Day; 6 days’ annual leave after a full year; paid sick leave of up to 30 working days a year; maternity leave, extended by the most recent amendment; overtime at 1.5 to 3 times the hourly rate and only with consent.
On leaving: notice of one pay period under Section 17, severance of 30 to 400 days’ wages under Section 118, and the Section 119 causes that remove it. On pay: wages at least monthly, in baht, deductions limited to tax, social security, agreed provident fund contributions and court orders, and 15% interest on late payment. Employers with 10 or more employees must issue work rules in Thai; those with 50 or more need a welfare committee.
Using the Act as a foreigner
It cannot be contracted out. A clause in an expatriate contract choosing foreign law, waiving severance or setting a 60-hour week is void under Section 150 of the Civil and Commercial Code because the Act protects public order. The remedy for breach starts with a complaint to the labour inspector at the provincial Labour Protection and Welfare office, who can order the employer to pay; an order can be appealed to the Labour Court within 30 days, or the employee can sue there directly without court fees.
For an employer, the compliance file is the work rules, employee register, wage and overtime records and leave ledger, which the inspector may demand. A foreign employee on a high salary is not outside the Act; a regional director with 20 years’ service is owed 400 days’ wages like anyone else. The guide to Thai labour law walks through the rules in order.
What the Act does not cover
Thai employment law is spread across several statutes, and the Labour Protection Act is only the first of them.
| Statute | What it governs |
|---|---|
| Labour Protection Act B.E. 2541 | Hours, leave, wages, notice, severance, work rules, labour inspectors |
| Act on the Establishment of Labour Courts B.E. 2522 | The Labour Court and the unfair dismissal remedy in Section 49 |
| Labour Relations Act B.E. 2518 | Unions, collective bargaining, strikes and lockouts |
| Social Security Act B.E. 2533 | Contributions and the seven insured benefits |
| Workmen’s Compensation Act B.E. 2537 | Employer-funded cover for work injury and illness |
| Foreigners’ Working Management Emergency Decree B.E. 2560 | Work permits and penalties for unpermitted work |
Unfair dismissal is not in the Act at all: an employee paid full severance can still ask the Labour Court for further compensation if the dismissal had no fair reason.
Frequently asked questions
Does the Labour Protection Act apply to foreigners working in Thailand?
Yes. It applies to every employee of a private employer in Thailand regardless of nationality or the language of the contract. A foreign employee gets the same hours, leave, notice and severance as a Thai employee and can complain to the same labour inspector.
What are the legal working hours under the Labour Protection Act?
8 hours a day and 48 hours a week for ordinary work, 7 and 42 for hazardous work, with at least one rest day a week and an hour’s break after five hours. Overtime needs the employee’s consent and is paid at 1.5 to 3 times the hourly rate.
Can an employment contract override the Labour Protection Act?
Only upwards. A contract may give more than the Act, such as longer notice or more leave, but any term below the statutory minimum is void and the Act applies instead. Choosing foreign law does not remove the Act for work done in Thailand.
See also: severance pay, notice period, minimum wage, Labour Court, and the guides on Thai labour law and employment law for employers.
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