Labour law
How overtime is paid under Thai labour law
Facts checked against the sources on · Updated · Sources
Under the Labour Protection Act B.E. 2541, overtime on a working day is paid at least 1.5 times the hourly wage, work on a holiday at least 1 time more (2 times for an employee who is not paid for that holiday), and overtime on a holiday at least 3 times. Overtime and holiday work together may not exceed 36 hours a week, and each time needs the employee's prior consent. A monthly employee's hourly wage is the monthly wage divided by 30 times the normal working hours of a day.
The rates#
| Kind | When | The employer pays at least | Section |
|---|---|---|---|
| Overtime (ค่าล่วงเวลา) | Work beyond normal hours on a working day | 1.5 × the hourly wage, for each hour worked | s.61 |
| Holiday work (ค่าทำงานในวันหยุด) | Work on a holiday, within that day's normal hours | 1 × more for an employee paid for the holiday; 2 × for one who is not | s.62 |
| Holiday overtime (ค่าล่วงเวลาในวันหยุด) | Work on a holiday beyond normal hours | 3 × the hourly wage | s.63 |
A "holiday" here is a weekly holiday, a traditional holiday or an annual holiday (s.5). Whether holiday work earns 1 × more or 2 × depends on whether the employee is paid for that holiday (s.56):
| Employee | Weekly holiday | Traditional and annual holidays |
|---|---|---|
| Paid by the month | Paid, so holiday work earns 1 × more | Paid, so holiday work earns 1 × more |
| Paid by the day, the hour or the piece | Not paid, so holiday work earns 2 × | Paid, so holiday work earns 1 × more |
A higher rate in the contract or the work rules applies instead (s.74).
A monthly employee's hourly wage#
Section 68: for overtime, holiday work and holiday overtime of an employee paid by the month, the hourly wage of a working day is "the monthly wage divided by the product of thirty and the average number of working hours of a working day".
Hourly wage = monthly wage ÷ (30 × average normal working hours a day)
The hours leave out the breaks, in the opinion of the Department of Labour Protection and Welfare (รง 0505/1894, 2560 (2017)): 08:00 to 17:00 with an hour's lunch break is an 8-hour day.
Consent and the 36-hour cap#
- Consent each time. Overtime on a working day needs the employee's consent given beforehand, each time, except for work that must continue or emergency work (s.24).
- Holiday work only in some cases, such as continuous or emergency work, hotels, entertainment venues, transport, restaurants, clubs and medical services, or production, sales and services with the employee's prior consent each time (s.25).
- At most 36 hours a week. Overtime, holiday work and holiday overtime "together may not exceed thirty-six hours a week" (s.26 and Ministerial Regulation No. 3, B.E. 2541). The Department reads a week as the seven days from Sunday to Saturday.
- A break before 2 hours or more of overtime: at least 20 minutes, except for continuous work done with consent or emergency work (s.27).
The Act prescribes no form for the consent: written, spoken or shown by conduct are all valid (opinion รง 0505/1399, 2560 (2017)).
Who may not work overtime#
| Employee | Rule | Section |
|---|---|---|
| Under 18 | No overtime and no holiday work | s.48 |
| On hazardous work under the ministerial regulation (underground, underwater, confined spaces, welding and others) | At most 7 hours a day and 42 a week; no overtime and no holiday work | s.23, s.31 |
| Pregnant | No work from 22:00 to 06:00, no overtime and no holiday work; in executive, academic, administrative or finance work she may do overtime on working days with her consent each time | s.39/1 |
Who is not paid overtime#
Section 65 leaves some employees without overtime pay (s.61) and holiday overtime pay (s.63), unless the employer agrees to pay them.
| Employee | Overtime and holiday overtime | Holiday work |
|---|---|---|
| With authority to act for the employer in hiring, rewarding or dismissing (s.65(1)) | Not paid | Not paid (s.66) |
| Canvassing or selling goods for a commission (s.65(2)) | Not paid | Paid |
| The work of s.65(3)–(9), such as railway work, sluice gates, fire fighting, work outside the premises without fixed hours, and standing guard outside one's normal duties | Paid the hourly wage (1 ×) for the hours worked | Paid |
The authority of s.65(1) must be the employee's own: a title or a power to recommend is not enough (the Department's opinion of 2567 (2024)).
When it is paid#
Overtime, holiday work and holiday overtime pay are paid at least once a month, and on termination everything owed is paid within 3 days of the end of the employment (s.70).
For tax, overtime is occasional pay, withheld in the month it is paid like a bonus (the Revenue Department's order ป.96/2543). See how tax on a salary is computed.
Worked example#
Somying earns 18,000 baht a month and works Monday to Friday, 08:00 to 17:00 with an hour's break; Saturday and Sunday are her weekly holidays.
Hourly wage = 18,000 ÷ (30 × 8) = 75 baht
This week she agreed to 3 hours of overtime on Wednesday, and she worked on Saturday, her weekly holiday, from 08:00 to 19:00 with an hour's break: 8 hours within normal hours and 2 beyond them.
| Item | Hours | Rate an hour | Amount (baht) |
|---|---|---|---|
| Overtime, Wednesday | 3 | 75 × 1.5 = 112.50 | 337.50 |
| Holiday work, Saturday | 8 | 75 × 1 = 75.00 | 600.00 |
| Holiday overtime, Saturday | 2 | 75 × 3 = 225.00 | 450.00 |
| Total | 13 | 1,387.50 |
The 1,387.50 baht is paid on top of the salary: her salary already pays the Saturday, so holiday work earns 1 × more. A daily-paid employee would earn 2 × the hourly wage for work on a weekly holiday. The week's 13 hours are within the 36.
In Panya#
HR records an overtime request with the employee's prior consent, or sends it to the employee to consent in self-service. Panya splits the time into overtime, holiday work and holiday overtime on each employee's own day, refuses to approve more than 36 hours in a Sunday-to-Saturday week, and refuses requests for employees under 18 or on a hazardous work schedule. Payroll then computes the hourly wage under s.68 and pays the Act's multiples, with the s.65 groups chosen on each employee. See HR in Panya, the manual on overtime and overtime in a payroll run.
FAQ#
A monthly employee works on Saturday, a weekly holiday: what is she paid?#
Within normal hours, at least 1 × the hourly wage more for each hour, because her salary already pays the Saturday. Hours beyond that day's normal hours are paid at least 3 ×.
How much does a daily-paid employee get for work on a weekly holiday?#
At least 2 × the hourly wage, because daily-paid employees are not paid for weekly holidays (s.56). On a traditional holiday, which they are paid for, holiday work earns 1 × more.
What is the most overtime allowed in a week?#
Overtime, holiday work and holiday overtime together may not exceed 36 hours a week (s.26 and Ministerial Regulation No. 3), counting the week from Sunday to Saturday.
Does the employee have to sign a consent every time?#
Consent is needed beforehand, each time, but the Act prescribes no form: it may be written, spoken or shown by conduct. The Department has accepted a company form covering a month or more with the overtime's times fixed in advance.
Are managers paid overtime?#
Not if they personally have the authority to act for the employer in hiring, rewarding or dismissing, unless the employer agrees to pay (s.65(1) and s.66). A manager's title alone does not take the right away.
Sources#
- Labour Protection Act B.E. 2541, consolidated to Amendment No. 9 (Department of Labour Protection and Welfare, legal division)
- Ministerial Regulation No. 3 (B.E. 2541) under the Labour Protection Act (Department of Labour Protection and Welfare)
- Overtime of at most 36 hours a week (Loei Provincial Labour Protection and Welfare Office)
- Department of Labour Protection and Welfare opinion on counting a week (53101/2553)
- Department of Labour Protection and Welfare opinion รง 0505/1894 (2560): working hours without breaks
- Department of Labour Protection and Welfare opinion รง 0505/1399 (2560): the form of consent
- Department of Labour Protection and Welfare opinion รง 0505/2529 (2567): a monthly consent form
- Department of Labour Protection and Welfare opinion (2567): employees under s.65(1)
- Revenue Department order ป.96/2543 on withholding tax from salaries
This guide is general information from the sources above, as they read on the day they were checked. It is not legal or tax advice: rules change, so check the sources, or ask an accountant, before you rely on it.