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Unpaid Overtime in Thailand 2026

Manon
Manon SOS-Expat editorial

In Thailand, to report unpaid overtime, file a complaint with the Department of Labour Protection and Welfare (DLPW) within 2 years of the non-payment. The process is free and accessible to foreign workers with a valid work permit.

Legal Framework for Overtime in Thailand

The Thai Labour Protection Act (Labour Protection Act B.E. 2541) strictly regulates overtime. Every worker, whether Thai or foreign, is entitled to increased pay for any work performed beyond the legal working hours.

  • Weekdays: at least 1.5 times the normal hourly rate
  • Days off or holidays: at least 2 to 3 times the hourly rate
  • Maximum overtime duration: 36 hours per week

💡 Good to know

Employee consent is mandatory for overtime, except in certain sectors (transport, emergencies). An employer cannot impose overtime without written or implied agreement from the worker.

Steps to Report Unpaid Overtime

1. Gather Your Evidence

Before filing a complaint, build a strong case:

  • Time records (attendance sheets, screenshots, emails)
  • Pay slips or bank transfers
  • Employment contract and amendments
  • Written communications with the employer (SMS, emails, LINE)
  • Colleague testimonies (if possible)

2. Contact the DLPW

Visit the office of the Department of Labour Protection and Welfare (DLPW — กรมสวัสดิการและคุ้มครองแรงงาน) that corresponds to your workplace. If you are in Bangkok, go to the Ministry of Labour Building on Mithuna Road.

  • DLPW Hotline: 1546 (available in Thai, with interpretation possible)
  • Official website: www.labour.go.th
  • Provincial offices exist in every province (Chiang Mai, Phuket, Pattaya…)

3. File Your Formal Complaint

Complete the complaint form in Thai (an interpreter may be required). A DLPW mediator will first attempt a conciliation between the parties. If no agreement is reached within 5 to 10 working days, the case is referred to the Labour Court.

⚠️ Warning

The statute of limitations for claiming unpaid overtime is 2 years from the date the payment was due. After this period, your claim will be inadmissible.

Special Case for Foreign Workers

Foreign workers with a valid Work Permit enjoy the same protections as Thai workers. However, if you were working without a permit, the legal situation is more complex — it is highly recommended to consult a local lawyer before taking any action.

✅ Practical Advice

If you do not speak Thai, bring an interpreter or local expert when filing your complaint. Some NGOs like the Migrant Working Group or MAP Foundation (Chiang Mai) offer free assistance to migrant workers.

Recourse in Case of Mediation Failure

If conciliation fails, the case is brought before the Labour Court. The procedure is free for the employee in the first instance. The court may order the payment of arrears, interest (15% per year), and, in cases of proven bad faith by the employer, additional damages.

To learn more about your rights regarding labor law in Thailand, check out our comprehensive article: 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.

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FAQ

How long do I have to claim unpaid overtime in Thailand?
The statute of limitations is 2 years from the date the payment was due. After this period, your claim will be inadmissible before the DLPW or the Labour Court. Therefore, it is advisable to act quickly within the first month of non-payment.
Can a foreign worker file a complaint for unpaid overtime in Thailand?
Yes, any foreign worker holding a valid Work Permit is entitled to the same legal protections as Thai workers under the Labour Protection Act. If you were working without a permit, consult a local lawyer before filing a complaint, as your situation may carry additional legal risks.
What is the overtime pay rate in Thailand?
In Thailand, overtime worked on a weekday is paid at least 1.5 times the normal hourly rate. For hours worked on a day off, the rate is 2 times, and 3 times for overtime worked on a public holiday. These rates are set by the Labour Protection Act.
Can I be fired for reporting unpaid overtime?
Thai law prohibits retaliation against an employee exercising their legal rights. Dismissal following a complaint to the DLPW may be considered wrongful termination, entitling you to additional compensation. Document all your communications with your employer during this period and keep evidence of your complaint.
Do I need a lawyer to file a complaint with the DLPW in Thailand?
No, the conciliation process at the DLPW is free and accessible without a lawyer. However, if your employer disputes the facts or if the case goes to the Labour Court, it is highly recommended to seek assistance from a lawyer specialized in Thai labor law. Local NGOs like the MAP Foundation (Chiang Mai) or Migrant Working Group can also provide guidance for free.

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