What Working Hours Thailand Law Permits — and Requires for Breaks
Working hours Thailand employers can require are capped under the Labor Protection Act — with reduced limits for hazardous work and mandatory break time built in.The major legislation governing labor protection law in Thailand is the Labor Protection Act (the “LPA”), introduced in Part 1 of this series. The LPA prescribes labor protection standards applicable to both employers and employees working in Thailand. However, it does not apply to government and state enterprise employees.
Under the LPA, an employee may not work more than eight hours a day unless otherwise agreed between employer and employee — but in any event, total work hours must not exceed forty-eight hours per week. These limits are reduced to seven hours a day or forty-two hours per week for work that “may be harmful to the safety and health of an employee.” Where the working hours on any given day are less than eight hours, the employer and employee may agree to add the balance to another normal working day, provided total working hours do not exceed nine hours per day or forty-eight hours per week.
Employers must also provide at least one hour of break time to any employee who works five or more hours continuously. This hour may be divided into shorter periodic breaks, but the total break time must not be less than one hour. However, where food and beverage facilities are not available to employees within reasonable proximity to the work location, or where such facilities do not provide continuous service on the employee’s working days, the employee is entitled to a total of two hours of break time on each such day. Employers must also provide a break of not less than twenty minutes to any employee required to perform two or more consecutive hours of overtime work.
Note: an employer who violates or fails to comply with the LPA may be punished, depending on the severity of the offense, with a fine of THB 5,000 to THB 200,000, imprisonment of up to one year, or both.
Employers should track working hours Thailand law permits carefully across each employee’s schedule, since exceeding the daily or weekly caps — or failing to provide the required break time — can trigger the same penalties applicable to other LPA violations.