New Thai labour law amendments in force in 2026

If you employ staff in Thailand, whether Thai or foreign, the rules have genuinely changed this year. A major amendment to the Labour Protection Act (Thailand's main employment law) took effect on 7 December 2025, the wage ceiling used to calculate social security contributions rose on 1 January 2026, and a new overtime rule for security guards arrived in April 2026.

At the same time, much of what circulates online is not yet law. A 40-hour working week, two weekly rest days, 10 days of annual leave — all of these are still only draft bills that have just been resubmitted to the House of Representatives and have not yet passed any reading. This guide separates what is in force from what is only proposed, as of 10 June 2026, and ends with a practical checklist.

What is actually in force in 2026 — at a glance

• Labour Protection Act (No. 9) — in force since 7 December 2025: 120 days of maternity leave, 15 days of leave to help a spouse who gives birth, 15 days of continued leave to care for a child, protection for government service contractors, and electronic filing of Form KR.11
• Higher social security ceiling — in force since 1 January 2026: the wage ceiling is now THB 17,500 per month, with a maximum contribution of THB 875 each for the employer and the employee
• Minimum wage — current rates (THB 337–400 per day, depending on province and type of business) have applied since 1 July 2025, and no new round had been announced as of June 2026
• Overtime for security guards — in force since 24 April 2026: at least 1.25 times the hourly rate on working days and 2.5 times on holidays
• Proposed only, not yet law: a 40-hour working week, two compulsory weekly rest days, and at least 10 days of annual leave per year

Labour Protection Act No. 9: the big change for your HR policies

The Labour Protection Act (No. 9) B.E. 2568 (2025) was published in the Royal Gazette, Volume 142, Part 74 Kor, on 7 November 2025, and took effect 30 days after publication, on 7 December 2025. Employment contracts and leave policies drafted before that date should therefore be updated in at least three areas: maternity leave, leave to help a spouse who gives birth, and continued leave to care for a child. Even if your documents have not been updated yet, employees are entitled to the new rights immediately.

Maternity leave rises to 120 days — and the employer pays for 60 of them

Maternity leave has increased from 98 days to 120 days per pregnancy, or as set by Royal Decree (Section 41, paragraph one), and the number of days the employer must pay at full wages has increased from 45 to 60 days, or as set by Royal Decree (Section 59). If an employee tells you today that she is pregnant, budget for up to 60 days of wages and update your policy to state the 120-day maternity leave entitlement.

New: 15 days of paid leave for the spouse of a mother giving birth

An employee may take up to 15 days of leave per pregnancy to help a spouse who gives birth. The leave may be taken before the birth or on any day within 90 days from the date of birth (Section 41/1), and the employer must pay full wages for the whole period of leave (Section 59/2). Most company work rules written before 7 December 2025 therefore do not yet cover this type of leave, and it should be added.

New: continued leave to care for a child at risk of complications, with an abnormality or a disability

A female employee may take up to 15 more days of leave straight after her maternity leave to care for her child, if the child has an illness that puts them at risk of complications, has an abnormality, or has a disability. She must provide a certificate from a licensed medical doctor (Section 41, paragraph four), and the employer must pay 50% of her wages for those days (Section 59/1).

Government service contractors are now protected

The new Section 4/1 extends labour law protection to individuals hired as service contractors by government agencies — central, provincial and local government, and public organisations. These contractors must receive pay, weekly rest days, public holidays, annual leave, sick leave, maternity leave, working days and hours, and rest breaks that are no less than the rights set by labour protection law, under rules and conditions set by ministerial regulation. Disputes fall under the jurisdiction of the Labour Court. This is relevant to you if your business supplies staff to government agencies.

Social security: the THB 750 cap is gone

For many years, contributions were capped at 5% of THB 15,000, a maximum of THB 750 per month for each side. That ceiling is no longer “under review”: a ministerial regulation published in the Royal Gazette on 12 December 2025 raised it, with effect from 1 January 2026.

• 2026–2028: contributions are calculated on wages of up to THB 17,500 per month — a maximum of THB 875 for each side
• 2029–2031: the ceiling rises to THB 20,000 per month
• 2032 onwards: the ceiling rises to THB 23,000 per month

The contribution rate stays at 5% for both sides, and the minimum monthly wage base is THB 1,650. For anyone earning THB 17,500 or more, this change costs the employer an extra THB 125 per person per month, and the same amount more is deducted from the employee's pay. If your 2026 payroll still shows a THB 750 deduction, it is wrong. Changes like this are easily missed, but if you use payroll outsourcing, it is handled for you automatically.

Minimum wage: THB 400 — but only in some areas and some types of business

The current rates have applied since 1 July 2025 (Wage Committee Notification No. 14). The often-quoted THB 400 per day does not apply nationwide. It applies to:

• All businesses in Bangkok
• All businesses in Phuket, Chonburi, Rayong, Chachoengsao and Koh Samui (Surat Thani); and
• Type 2, 3 and 4 hotels and entertainment venues under the Entertainment Venues Act — in every province

Everywhere else, rates range from THB 337 to THB 380 per day — and the top of that range applies in a narrower area than most summaries suggest. THB 380 applies in only two districts: Mueang Chiang Mai and Hat Yai (Songkhla). Chiang Mai province outside Mueang district is THB 357, Songkhla province outside Hat Yai is THB 352, and Narathiwat, Pattani and Yala are THB 337. Note the business-type rule: a qualifying hotel in a lower-rate province must still pay THB 400. No new wage round had been announced as of June 2026.

New overtime rule for security guards (from 24 April 2026)

A ministerial regulation in force since 24 April 2026 provides that if an employer has an employee whose normal duty is guarding premises or property work overtime, the employer must pay overtime of at least 1.25 times the hourly rate on working days and 2.5 times on holidays. Separately, where the employer and an employee who is not paid monthly (for example, a daily-paid employee) agree on normal working hours of more than 8 hours a day, but no more than 48 hours a week in total, the employer must pay “compensation” for the hours beyond 8 a day at the same rates: at least 1.25 times on working days and 2.5 times on holidays. This regulation repeals the 2009 ministerial regulation that used to exclude guarding work from overtime pay. If you employ your own security guards or building caretakers, review their rosters and pay structure now.

What is only a proposal — do not implement it yet

Two draft amendments to the Labour Protection Act passed their first reading in the House of Representatives on 24 September 2025 and also cleared the ad hoc committee stage. However, when the House was dissolved on 12 December 2025 and the Cabinet did not confirm that the bills should continue, both bills lapsed. On 29 May 2026, new bills with similar content were submitted to the House of Representatives and are going through public consultation under Section 77 of the Constitution, so they are not yet law. Parliamentary timetables can change, so please check the latest status with us before taking any action. If the bills pass, they would:

• Cut the maximum normal working week from 48 hours to 40 hours (the earlier bill set 35 hours for hazardous work)
• Require at least two weekly rest days, with no more than five consecutive working days; and
• Grant at least 10 days of annual leave per year (up from the current 6 days after one year of service)

Do not restructure your rosters or employment contracts yet, but estimate the cost now: if your business runs six-day weeks totalling 48 hours, work out how a 40-hour, five-day limit would affect your staffing budget.

Older rules employers often get wrong

Severance pay on termination: the top rate is 400 days, in place since 2019

When an employer terminates employment, it must pay the employee severance under Section 118, unless the case falls under one of the exceptions in Section 119, such as an employee committing dishonesty in their duties or deliberately causing the employer harm. Severance rates have not changed in 2026, but many companies still use outdated figures, so here are the current rates again, based on the employee's final wage rate and length of service:

• 120 days but less than 1 year of service: 30 days
• 1 year but less than 3 years: 90 days
• 3 years but less than 6 years: 180 days
• 6 years but less than 10 years: 240 days
• 10 years but less than 20 years: 300 days
• 20 years or more: 400 days

The 400-day rate for employees with 20 or more years of service was added by the Labour Protection Act (No. 7) B.E. 2562 (2019). Before that, the top rate was 300 days. If your company still sets aside severance reserves of only 300 days for long-serving staff, this may affect your overall financial burden if an employee is terminated.

Work from home: a 2023 rule, not a 2026 one

Some 2026 round-ups present remote-work rules as new, which is not correct. Section 23/1, added by the Labour Protection Act (No. 8) B.E. 2566 (2023), has been in force since 18 April 2023. It requires a written agreement (on paper or electronically) for remote working, and gives employees the right to refuse work-related contact after working hours, unless they have given prior written consent. If your remote staff have nothing in writing, put it right — but this has been a duty for three years, not a new one.

Work rules: prepare and announce them yourself — no need to submit them to the Department

If you have 10 or more employees, you must have written work rules (internal rules covering working hours, leave, discipline and termination). However, the old duty to submit a copy of the work rules to the Department of Labour Protection and Welfare was abolished in 2017. Section 108 now requires the work rules to be announced within 15 days of having 10 employees. Today you simply prepare the rules, announce them to employees, and keep them at the workplace for inspection — nothing needs to be submitted for approval. Do not confuse this with the Employment Terms and Working Conditions Disclosure Form (Form KR.11), which employers with 10 or more employees must file in January every year under Section 115/1. This is an existing duty; the Labour Protection Act No. 9 only changed it so the form can be filed electronically or on paper, as announced by the Director-General.

Foreign employees in 2026: work permits and notifications

e-Work Permit is now mandatory. The Department of Employment's online work permit system launched on 13 October 2025, and the transition period ended on 28 July 2026 after several extensions. All applications — new, renewal, amendment and cancellation, including those of BOI-promoted companies — must go through the online system. The employer (a director or authorised person of the company) must verify their identity through the ThaiD app, while the foreign employee registers their own account and uploads documents such as their passport. Paper filing is no longer a general option: it is accepted only where the online system has an actual technical failure and the applicant can show evidence of it. If any of your filings are still on paper, they must move to the online system now. Information as of 19 August 2026. If you are hiring your first foreign employee, see our comparison of the work permit and the Non-B visa.

90-day reports continue unchanged. Foreigners staying in Thailand for more than 90 days must still report their address every 90 days under Section 37 of the Immigration Act (Form TM.47, which can be filed online). In addition, since 1 May 2025, foreign travellers must complete the Thailand Digital Arrival Card (TDAC) before entering the country. This is an immigration formality that replaced the paper TM.6 card, not a labour law duty.

The employer's 15-day notification duty. The 90-day report is the employee's duty, but the employer must notify the Department of Employment within 15 days under Section 13 of the Emergency Decree on Foreign Workers Management B.E. 2560 (2017) when a foreign employee starts work or stops working. Missing this duty is one of the compliance gaps we often find.

Your 2026 employer checklist

• Payroll: check that every payroll since January 2026 uses the THB 875 social security cap (5% of wages up to THB 17,500).
• January filing: if you have 10 or more employees, put the Form KR.11 deadline in your calendar — it is due within January each year and can be filed electronically.
• Leave policies: update employment contracts and work rules to cover 120 days of maternity leave (60 days paid by the employer), 15 days of leave to help a spouse who gives birth (at full wages), and 15 days of continued leave to care for a child (at 50% of wages).
• Severance reserves: check that they are calculated using every tier of the severance rates, including 400 days for employees with 20 or more years of service.
• Minimum wage: check rates by province and type of business — qualifying hotels and entertainment venues must pay THB 400 nationwide.
• Security guards: apply the new overtime rates of 1.25 times / 2.5 times from 24 April 2026, and where normal working hours of more than 8 hours a day (no more than 48 hours a week in total) are agreed with an employee who is not paid monthly, pay compensation for the extra hours at the same rates.
• Foreign employees: all work permit filings must go through the e-Work Permit system — paper filing requires evidence of a system failure — and keep the 90-day reports and the 15-day Department of Employment notifications running.
• Watch, but don't act yet: follow the bills on the 40-hour working week and annual leave, but do not change any contracts until they become law.

If you would rather hand this list to someone else, our HR administration and payroll teams run these checks as a regular service.

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This article is general guidance — not legal or tax advice. If you'd like a scoped opinion on how it applies to your specific situation, contact our team.