Are paid leave rights the same for foreigners and Thais in Thailand?

Yes. Any employee with a valid work permit in Thailand has the same legal rights as Thai employees, according to the Labour Protection Act. The minimum of 6 working days per year applies regardless of nationality, as long as the employment relationship is regular.

What happens if I haven't completed one year of service in Thailand?

Thai law only mandates the 6 days of paid leave after one year of service with the same employer. Before this period, the employer may grant prorated leave voluntarily, but it is not a legal obligation. Some contracts may provide leave from the first day — check the terms of your individual contract.

Do Thai public holidays count in addition to the 6 days of paid leave?

Yes, absolutely. National public holidays (between 13 and 15 per year according to the official calendar published annually) are separate from the annual paid leave quota. An employee is entitled to their 6 days of paid leave in addition to public holidays. Some sectors, like hospitality or retail, may have specific substitution rules with financial compensation.

Can my employer refuse to pay me for unused leave?

In Thailand, if paid leave has not been taken by the end of the year or the end of the contract, the employer is generally required to compensate for it. However, the specific terms (carry over, payment, deadlines) depend on the employment contract and the company's internal regulations. In case of a dispute, the Department of Labour (Department of Labour Protection and Welfare) can be contacted. A local lawyer can help you assess your options.

How can I file a complaint if my employer does not respect my leave rights?

You can file a complaint with the Department of Labour Protection and Welfare (DLPW), which is present in every Thai province. The procedure is accessible to foreign workers with valid permits. It is advisable to gather your contracts, pay slips, and written communications before taking any action. Your embassy can also guide you to local resources suitable for your situation.

Paid Leave in Thailand: Your Rights in 2026

In Thailand, the Labour Protection Act guarantees a minimum of 6 working days of paid leave per year, applicable after at least one year of service with the same employer. Many private contracts offer between 10 and 15 days depending on the sector.

The Legal Minimum: 6 Days After 1 Year of Service

The Labour Protection Act B.E. 2541 (1998) and its amendments define the minimum rights of employees in Thailand. Regarding paid leave:

Legal Minimum: 6 working days for each full year of employment
Condition: must have worked at least 1 year continuously for the same employer
Before 1 Year: the employer may grant prorated leave, but it is not mandatory
Carry Over: unused leave can be carried over or paid at the end of the year according to the contractual agreement

💡 Good to Know

This minimum of 6 days is a legal floor. Many international and multinational companies based in Thailand (especially in Bangkok, Chiang Mai, or Phuket) offer between 10 and 15 days of annual leave in their contracts. Always check your individual employment contract.

Official Public Holidays in Thailand

In addition to annual paid leave, employees in Thailand enjoy 13 to 15 official public holidays per year, set by the government. These days are separate from the annual leave quota. Some of the most significant include:

Thai New Year (Songkran) — mid-April, 3 days
King's Birthday (Rama X) — July 28
Constitution Day — December 10
Western New Year — January 1
Labour Day — May 1

Each year, the Department of Labour publishes the official list of public holidays. Certain sectors (hospitality, retail) may substitute these days with compensation.

Paid Leave for Foreign Workers

Foreign employees holding a valid Work Permit are entitled to the same rights as Thai employees. Nationality does not affect the leave rights defined by Thai law.

⚠️ Caution

If you work in Thailand without a valid work permit, you cannot legally invoke the protections of the Labour Protection Act. Your contract may also be deemed null and void. Regularize your situation before making any claims.

Sick Leave, Maternity Leave, and Other Absences

Thai law also provides for other types of paid absences:

Sick Leave: up to 30 days per year with salary maintained (medical certificate required beyond 3 days)
Maternity Leave: 98 days maximum, with 45 days covered by the employer
Personal Leave: at least 3 days per year
Military Leave: up to 60 days, paid

✅ Practical Tip

Negotiate your leave at the time of signing the contract. In Thailand, private sector employers have considerable freedom to exceed the legal minimum. A well-drafted contract, ideally reviewed by a local lawyer, protects your rights in case of disputes. Also, check out our comprehensive guide: Labour Law in Thailand 2026.

⚠️ Disclaimer

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

Need local assistance?

A lawyer or local expert is available in under 5 minutes, 24/7, in 197 countries.

Consult an expert