How many days of paid leave am I entitled to in Thailand during my first year?

Legally, the Labour Protection Act provides for a minimum of 6 days of paid leave after one year of service. Below one year, the employer is not legally obligated to grant leave, although many do so on a pro-rata basis. Check the terms of your individual contract, which may offer more favorable conditions from the start.

Are Thai holidays paid for foreigners?

Yes. Every employee — regardless of nationality — is entitled to at least 13 paid national holidays per year in Thailand. If you are required to work on a holiday, you are entitled to compensation: either a compensatory day off or a salary increase (usually 300% of your daily wage). These obligations apply to all employees under local contracts.

Can my employer refuse to pay me for unused leave at the end of my contract?

No. According to the Labour Protection Act, unused annual leave must be compensated in the event of contract termination, unless the contract explicitly states otherwise. If your employer refuses to pay for these days, you can file a complaint with the Department of Labour Protection and Welfare (DLPW) or take your case to the Thai Labour Court. Keep all evidence of your worked days and leave requests.

Are the leave rules different depending on the type of visa or work permit?

No, the rights to paid leave depend on the local employment contract, not the type of visa. Whether you hold a B visa (Business), a standard work permit, or a Smart Visa, what matters is your local contract. However, if you are on secondment from your home country (France, Belgium, Canada, Morocco, etc.) with a contract maintained in that country, Thai local law generally does not apply — check your contractual situation.

Are there differences in leave rights based on the size of the company in Thailand?

The Labour Protection Act applies generally, but some provisions may vary slightly. Companies with fewer than 10 employees may have slightly relaxed rules on some administrative points, but the minimum of 6 days of annual paid leave remains mandatory for all companies employing staff under local contracts, regardless of size. In practice, larger companies and multinationals often offer benefits above the legal minimum.

Paid Leave in Thailand: Rights of Foreign Workers 2026

In Thailand, every foreign employee working under a local contract is entitled to a minimum of 6 days of paid leave per year, after one year of continuous service, according to the Labour Protection Act. In addition, there are at least 13 national holidays each calendar year.

What Thai Law Says About Paid Leave

The Labour Protection Act B.E. 2541 (1998), along with its subsequent amendments, is the key legislation governing employee rights in Thailand — regardless of nationality. As long as you are working under a local employment contract (not on secondment from your home country), this law protects you just like a Thai employee.

Annual Paid Leave: 6 days minimum after 1 year of continuous service.
Official Holidays: at least 13 days per year, including Thai New Year (Songkran), King’s Birthday, etc.
Sick Leave: up to 30 days per year, paid, without the need for a medical certificate for short absences.
Maternity Leave: 98 days total (of which 45 days are paid by the employer, the rest covered by Thai social security).
Personal Leave: at least 3 days per year (varies by company).

💡 Good to Know

The 6 days is a legal minimum. Many Thai employers and international companies offer 10 to 15 days from the first year. Always check your employment contract, which may provide for more favorable conditions.

Conditions for Accruing Paid Leave

To benefit from your annual paid leave, several conditions apply:

You must have worked at least 1 year continuously for the same employer.
Below one year, the employer may, at their discretion, grant leave on a pro-rata basis — this is not a legal obligation, but a common practice.
Leave must be mutually agreed upon with the employer.
Unused leave days may, depending on the terms of the contract, be carried over or compensated in the event of contract termination.

⚠️ Caution

If you are working in Thailand under a secondment contract from your home country (France, Belgium, Switzerland, Canada, Morocco, Senegal, etc.), the legislation of your home country and your original collective agreement continue to apply — not the Thai Labour Protection Act. Carefully review your contract.

Do Foreigners Have the Same Rights as Locals?

Yes, in principle. The Labour Protection Act makes no distinction of nationality regarding leave rights. A Cambodian, French, Indian, or Canadian employee legally working in Thailand under a local contract has the same legal rights as a Thai employee.

However, this assumes you have a valid Work Permit. Without a valid work permit, your employment is illegal and you do not have any formal legal protection — even though remedies may exist in practice.

✅ Practical Advice

Keep a signed copy of your employment contract and any amendments. In case of a dispute over unpaid or denied leave, these documents will be essential for approaching the Labour Court or the Department of Labour (Department of Labour Protection and Welfare).

In Case of Dispute with Your Employer

If your employer refuses to grant you your legal leave or does not pay for it, several remedies are available:

Contact the Department of Labour Protection and Welfare (DLPW), present in every province.
File a complaint with the competent Labour Court.
Consult your embassy or consulate for a list of recommended local lawyers.

For more information on all your employment rights in Thailand, check out our comprehensive article: Labour Law in Thailand 2026.

⚠️ Disclaimer

This article is 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.

Need local assistance?

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

Consult an expert