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Annual Leave

139

Thai Labour Law

All employees are eligible for 6 days annual leave per calendar year

  • The employee's first year's leave can be prorated according to company leave policy.
  • There is currently no requirement for a company to increase the leave entitlement based on years of service.
  • If the leave entitlement increases, it can increase on terms defined by company leave policy.
  • Company policy may provide for if and how unused leave may carry over to the following year.
  • Note: The Supreme Court of Thailand has ruled that the employer is in violation of Section 30 of the LPA if the employer indicates in its work rules that annual leave cannot be carried forward to following years. Thus, despite any work rules to the contrary, the employee has the right to claim holiday wages for unused annual leave carried forward from previous years. In addition, the employer has no right to deduct or reduce such entitlement for any reason whatsoever.

Based upon our experience with many companies in Thailand we have prepared a template which includes a sample of commonly offered benefits.  If you're not sure of what you need, then you could use this policy and make changes to suit your own company's policies.

Totem Template Annual Leave

All employees are eligible for 6 days annual leave per calendar year.

  • The annual leave entitlement commences in full on the employee’s date of commencement with the company.

  • The amount of leave is prorated to the number of months the employee will be working for that year.

  • After 3 years of continuous service the entitlement for leave will increase to 8 days, commencing at the start of the 3rd year.

  • After 10 years of continuous service the entitlement for leave will increase to 10 days, commencing at the start of the 10th year.

  • 3 days leave may be carried over to the following calendar year but must be used within the first 30 days of that year.


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