# How overtime is paid under Thai labour law

> Source: https://panyaplus.com/en/guides/overtime-pay · a guide from Panya · facts checked against the sources on 2026-10-20 · last changed 2026-10-23

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](https://panyaplus.com/en/guides/salary-tax).

## 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](https://panyaplus.com/en/hr), [the manual on overtime](https://panyaplus.com/manual/12-hr#overtime) and [overtime in a payroll run](https://panyaplus.com/manual/11-payroll#overtime-and-holiday-work).

## 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)](https://legal.labour.go.th/images/law/Protection2541/2568_protectionpdf.pdf)
- [Ministerial Regulation No. 3 (B.E. 2541) under the Labour Protection Act (Department of Labour Protection and Welfare)](https://legal.labour.go.th/images/law/Protection2541/2541_3.pdf)
- [Overtime of at most 36 hours a week (Loei Provincial Labour Protection and Welfare Office)](https://loei.labour.go.th/2017-03-23-03-21-39/220-ot-36)
- [Department of Labour Protection and Welfare opinion on counting a week (53101/2553)](https://legal.labour.go.th/attachments/article/166/53101_53.pdf)
- [Department of Labour Protection and Welfare opinion รง 0505/1894 (2560): working hours without breaks](https://legal.labour.go.th/attachments/article/823/60_00005.pdf)
- [Department of Labour Protection and Welfare opinion รง 0505/1399 (2560): the form of consent](https://legal.labour.go.th/attachments/article/873/60_00008.pdf)
- [Department of Labour Protection and Welfare opinion รง 0505/2529 (2567): a monthly consent form](https://legal.labour.go.th/attachments/article/1034/001-2567.pdf)
- [Department of Labour Protection and Welfare opinion (2567): employees under s.65(1)](https://legal.labour.go.th/attachments/article/1013/67_12_4260.pdf)
- [Revenue Department order ป.96/2543 on withholding tax from salaries](https://www.rd.go.th/3558.html)

_This guide is general information from the sources above, not legal or tax advice: check the sources, or ask an accountant, before you rely on it._