On 7 December B.E. 2568, the Labor Protection Act (No. 9) B.E. 2568 came into force, introducing significant amendments to Thailand’s labor protection framework. The changes strengthen employee rights, expand the scope of applicability of labor protection laws, and impose additional compliance obligations on employers and certain public-sector entities.
This update summarizes the key amendments and outlines practical considerations for affected organizations.
1. Expanded Scope of Applicability
Previously, labor protection laws did not apply to central, provincial, or local administrative authorities, nor to state enterprises governed by specific labor relations legislation.
The introduction of Section 4/1 expands the scope of the Act to cover central, provincial, and local administrative authorities, public organizations, and other state agencies where individuals are engaged under service contracts or similar arrangements, provided that:
✓ remuneration is paid on a daily, monthly, or other basis; and
✓ the engaging authority exercises control or supervision over the work.
In such circumstances, the engaging authority must ensure that affected individuals receive labor rights no less favorable than those prescribed under labor protection laws, in accordance with applicable Ministerial Regulations.
Practical implication: Public-sector entities and state agencies should reassess service and outsourcing arrangements to determine whether labor protection obligations may now apply.
2. Maternity and Family-Related Leave Enhancements
The amendments introduce expanded statutory leave entitlements, including:
✓ an increase in maternity leave from 98 days to 120 days per pregnancy;
✓ entitlement for a female employee to take up to 15 additional days of leave to care for a child suffering from a serious illness, abnormality, or disability, subject to a medical certificate; and
✓ entitlement for an employee’s spouse to take up to 15 days of leave to assist following childbirth, provided the leave is taken within 90 days from the date of birth.
Practical implication: Employers should review leave policies and internal procedures to ensure alignment with the expanded statutory entitlements.
3. Wage Entitlements During Leave
The amendments also increase wage protection during certain leave periods:
✓ employers must now pay wages during maternity leave for up to 60 days, increased from the previous 45-day requirement;
✓ employees taking child-care leave under Section 41, paragraph 4 are entitled to wages at 50% of their normal wage rate; and
✓ employees exercising spousal leave rights under Section 41/1 are entitled to full wages for up to 15 days.
Practical implication: Payroll systems and employment cost assumptions should be updated to reflect the increased statutory wage obligations.
4. Telework and the Right to Disconnect
Section 23/1 formally recognises teleworking arrangements, permitting employers and employees to agree in writing or electronic form to remote working arrangements where the nature of the work allows.
Telework agreements may specify:
✓ working hours and rest periods;
✓ overtime arrangements;
✓ scope of duties and supervision; and
✓ responsibility for work equipment and expenses.
Employees are entitled to a statutory right to disconnect outside normal working hours or upon completion of assigned work, unless prior written consent has been provided. Teleworkers are entitled to the same labor rights as on-site employees.
Practical implication: Employers should formalize remote working arrangements and clearly define working time expectations to ensure compliance.
5. Ministerial Regulations on Guarding and Supervisory Duties
A Ministerial Regulation effective 24 April B.E. 2569 (2026) introduces specific overtime compensation requirements for employees whose regular duties involve guarding or supervising premises or property.
Under the Regulation:
✓ overtime on working days must be compensated at not less than 1.25 times the hourly wage rate; and
✓ overtime on holidays must be compensated at not less than 2.5 times the hourly wage rate.
These requirements apply even where agreed normal working hours exceed 8 hours per day, provided that total working hours do not exceed 48 hours per week.
Practical implication: Employers engaging security or supervisory personnel should review working hour arrangements and overtime calculations to ensure compliance.
Conclusion
The Labor Protection Act (No. 9) B.E. 2568 represents a meaningful strengthening of employee protections and clarifies employer obligations across several key areas. Employers and relevant state agencies should proactively review employment structures, HR policies, and operational practices to ensure compliance with the amended framework.
Early action will be essential to mitigate legal risk and align organizational practices with Thailand’s evolving labor standards.