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
Notice period (การบอกกล่าวล่วงหน้า, kan bok klao luang na, and when paid out instead of worked, pay in lieu of notice) is the advance warning either party must give to end an employment contract of no fixed term under Section 17 of the Labour Protection Act B.E. 2541. The rule is one pay period: notice given on or before a wage payment date takes effect on the next payment date, and no more than three months’ notice need ever be given. The employer may pay the wages for that period instead of having the employee work it. Notice is separate from severance, and both are usually owed together.
Table of Contents
How Section 17 works
A fixed-term contract ends on its date with no notice from either side. An indefinite contract requires written notice given at or before a payment date so that it takes effect at the following payment date. The statute caps the requirement at three months, so a monthly-paid employee on a very long pay cycle is not entitled to more, although the contract can promise a longer period and that promise binds. No notice is owed where the employer dismisses for a Section 119 cause.
The employer may choose to pay in lieu of notice, and since the 2019 amendment that payment is due on the day the termination takes effect. The obligation runs both ways: an employee who resigns must also give one pay period, though an employer’s remedy for a short resignation is a claim for proven damages, which is rarely worth pursuing. Pay in lieu counts as wages, so it is subject to withholding tax and is calculated on the same rate as the last wage.
Practical points for a foreign employee
Read the contract first. Many expatriate contracts fix notice at one, two or three months, which is longer than the statutory minimum and enforceable. Garden leave, where the employee is paid but asked not to attend, is lawful and common. The work permit and extension of stay remain valid through the notice period, since employment continues until the effective date, which is one reason to negotiate working the notice rather than taking pay in lieu.
The common mistake is treating notice and severance as alternatives. A dismissed employee with two years’ service who is paid one month in lieu of notice is still owed 90 days’ severance on top. The other is counting notice from the date of the letter rather than from the pay date, which is how a month’s notice becomes nearly two months’ pay. Both amounts can be claimed at the labour inspector’s office or the Labour Court; the employee rights guide sets out the wider entitlements.
A worked example of the dates
For an employee paid monthly on the 25th, the statutory notice runs as follows.
| Notice given on | Takes effect on | Notice actually served |
|---|---|---|
| 10 March (before the 25 March pay date) | 25 April | About 46 days |
| 25 March (on the pay date) | 25 April | 31 days |
| 26 March (after the pay date) | 25 May | About 60 days |
| Any date, contract says 3 months | 3 months after the next pay date at most | As agreed |
An employer that wants a clean end on the 25th should give notice on or before the previous 25th, or pay the extra days in lieu. An employee resigning should do the same to avoid a claim for damages, however unlikely.
Frequently asked questions
How much notice must an employer give in Thailand?
At least one pay period, given on or before a wage payment date to take effect on the next one, and never more than three months under the statute. The employer can pay the wages for that period in lieu of notice, and the contract can provide a longer period.
Is pay in lieu of notice the same as severance pay in Thailand?
No. Pay in lieu of notice replaces the notice period under Section 17 and equals the wages for that period. Severance under Section 118 is a separate lump sum of 30 to 400 days’ wages based on length of service, and a dismissed employee is normally owed both.
Do I have to give notice when resigning in Thailand?
Yes, the same one pay period applies to an employee resigning from an indefinite contract, and a longer contractual period binds. In practice employers rarely sue for a short notice, but leaving without notice can cost a final settlement or reference.
See also: severance pay, termination of employment, probation period, employment contract, and the guides on employee rights in Thailand and Thai labour law.
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