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Annual Leave in Thailand: Legal Minimum for 2026

Manon
Manon SOS-Expat editorial

In Thailand, the legal minimum for annual leave is 6 working days per year, applicable after 1 year of continuous service with the same employer. This right is established by the Labour Protection Act B.E. 2541 and applies to all employees, regardless of nationality.

The Legal Framework: What Does Thai Law Say?

The Labour Protection Act (Labour Protection Act, B.E. 2541 — revised in 2562/2019) serves as the reference for labor law in Thailand. Regarding annual leave, Article 30 states:

  • Minimum 6 working days of paid leave per year
  • This right is accrued after 1 year of continuous work with the same employer
  • The employer may grant more, but cannot go below this legal threshold
  • Unused days may, by agreement, be carried over or compensated financially

💡 Good to Know

In practice, most multinational companies and international employers offer between 10 and 15 days of annual leave, or even more. The legal minimum of 6 days is rarely applied as is in sectors where expatriates are active.

Annual Leave and Seniority: How Does It Progress?

Thai law provides a fixed minimum of 6 days, with no legal obligation for automatic increases based on seniority. However:

  • Many companies include a contractual progression in their internal policy (e.g., +1 day for each additional year)
  • The employment contract or applicable collective agreement may provide more favorable conditions
  • Individual agreements negotiated at hiring take precedence over the legal minimum, as long as they are at least equal to this minimum

Expatriates: Do They Have the Same Rights as Local Employees?

Yes. As long as an expatriate is legally working in Thailand with a valid Work Permit, they enjoy the same protections as any Thai employee. The Labour Protection Act does not differentiate based on nationality.

⚠️ Caution

If your contract is a secondment contract signed in your home country (France, Belgium, Canada, Switzerland, Morocco, Senegal, etc.), the conditions of your home country may apply primarily. Check with your employer or consult a lawyer specializing in international labor law.

Public Holidays: Not to Be Confused with Annual Leave

In Thailand, national public holidays (minimum 13 per year according to the law) are distinct from annual leave. The employer is required to grant at least 13 public holidays per year, chosen from official celebrations. These days do not count against the annual leave quota.

✅ Practical Advice

Before signing your contract in Thailand, always check the clause regarding annual leave. If it only mentions the legal minimum of 6 days, you can negotiate for a higher number — this is common and widely accepted in local practices. If in doubt about your rights, a local partner lawyer can quickly review your contract.

To learn more about all your rights as a foreign employee, check out our comprehensive guide: Labour Law in Thailand 2026.

🔗 Official Sources

⚠️ Disclaimer

This article is provided for informational purposes only and does not constitute legal advice. Laws and regulations vary by country and change regularly. Consult a qualified professional for your specific situation.

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FAQ

Do expatriates in Thailand with less than a year of service have the right to leave?
Thai law grants the right to annual leave after 1 year of continuous work. Below this threshold, no annual leave is legally required unless a more favorable contractual provision exists. However, many employers offer prorated leave from the first year. Check your employment contract for details.
Are Thai public holidays included in the 6 days of annual leave?
No. National public holidays (minimum 13 per year) are separate from annual leave. Thai law establishes two distinct rights: at least 6 days of annual leave and at least 13 paid public holidays. These categories do not overlap.
What happens if my Thai employer refuses to grant my annual leave?
Refusing legal annual leave constitutes a violation of the Labour Protection Act. You can file a complaint with the Department of Labour Protection and Welfare (DLPW). It's advisable to keep written records of your requests. A labor law attorney can assist you in this process and assess your options.
My contract specifies 10 days of leave: is this legal in Thailand?
Yes, absolutely. Thai law sets a minimum of 6 days, but employers are free to offer more. A contract specifying 10, 15, or 20 days of annual leave is perfectly legal and common in international companies operating in Thailand. Only a clause below 6 days would be illegal and void.
Can unused annual leave be paid out in Thailand?
Yes. According to the Labour Protection Act, if the employer and employee agree to carry over or financially compensate unused leave, this is permitted. Upon contract termination, the employer is required to pay for accrued and unused leave days. The exact terms depend on the contract and the company's internal policy.

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