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2026 Thailand Employment Guide: Minimum Wage, Social Security, Leave and Severance
2026 Thailand Employment Guide: Minimum Wage, Social Security, Leave and Severance
Thailand, located in Southeast Asia, is known for its vibrant tourism, agriculture, and manufacturing sectors. It has a population of approximately 70 million people. Employment in Thailand is regulated under the Thai Labor Protection Act, which governs working hours, overtime, minimum wage, annual leave, termination, and social security contributions. Employers are required to comply with mandatory benefits, including health insurance and retirement contributions. Foreign employees must obtain the appropriate work permits and visas, while labor laws ensure both local and foreign workers are treated fairly and protected in the workplace.
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Hiring and managing employees in Thailand in 2026 requires employers to address provincial and industry-specific minimum wages, employment contracts, probation, payroll, working time, overtime, traditional holidays, social security, the Workmen’s Compensation Fund, personal income tax and termination. The employee’s actual work location, industry, pay structure, length of service and nationality can all affect minimum wage compliance, employer cost and final settlement.
This 2026 Thailand employment guide is designed for Chinese and international companies using direct employment, an Employer of Record (EOR), a Professional Employer Organization (PEO), local payroll or foreign-worker hiring. Work permits and immigration must be assessed separately. All Thai baht (THB) amounts, rates and examples should be checked against the employment contract, business classification, filing system and latest official requirements.
1. Thailand Employment Compliance at a Glance in 2026
Area | 2026 position | Employer action |
Minimum wage | Determined by work province and, in some cases, industry; Bangkok is THB 400 per day, while other locations and covered industries use different rates | Confirm the employee’s actual work location at hiring and after transfers |
Skill-standard wages | Employees who pass specified national skill tests may qualify for a wage floor above the provincial rate | Check the occupation, certificate and effective date, then apply the higher applicable rate |
Employment contracts | Indefinite-term, genuine fixed-term project, part-time and other arrangements remain subject to mandatory labor protections | Do not use a contract label to avoid wages, leave, notice or severance |
Probation | No single statutory maximum; periods of up to 119 days are common | Complete the assessment before day 120, when statutory severance generally begins |
Working time | Generally up to 8 hours per day and 48 hours per week; hazardous work is generally limited to 7 hours per day and 42 hours per week | Maintain schedules, attendance, overtime consent and approval records |
Traditional holidays | Private employers must announce at least 13 traditional holidays each year, including National Labour Day | Keep the company calendar distinct from government and financial-institution holidays |
Social security | Section 33 employer and employee contributions are generally 5% each; the 2026 monthly contribution-wage ceiling is THB 17,500 | Apply the ordinary maximum of THB 875 per month to each party |
Workmen’s Compensation Fund | Employer-funded, commonly at 0.2%–1.0% according to industry risk | Confirm the business classification and annual assessable-wage ceiling |
Termination | Indefinite-term employment generally requires notice tied to a wage-payment cycle or payment in lieu | Calculate wages, unused leave, notice pay, severance and unfair-dismissal exposure separately |
Statutory severance | Generally begins after 120 days of service and may reach 400 days of last wages | Treat severance as a deferred employment cost |
Thailand employment cost cannot safely be estimated as monthly salary plus 5% social security. Employers must also budget for workmen’s compensation, overtime, holiday pay, unused annual leave, bonuses, commissions, notice pay and statutory severance. Fixed-term, probationary and foreign employees should not automatically be treated as having zero severance or zero labor-dispute risk.
2. Three Employment and Payroll Changes Requiring Action in 2026
2.1 Section 33 Contribution-Wage Ceiling Increased to THB 17,500
From January 1, 2026, the monthly contribution-wage ceiling for employees insured under Section 33 of the Social Security Act increased from THB 15,000 to THB 17,500. The ordinary contribution rate generally remains 5% for the employer and 5% for the employee, raising the monthly maximum for each party from THB 750 to THB 875.
Period | Monthly wage ceiling | Maximum employer contribution | Maximum employee contribution |
2026–2028 | THB 17,500 | THB 875 | THB 875 |
2029–2031 | THB 20,000 | THB 1,000 | THB 1,000 |
From 2032 | THB 23,000 | THB 1,150 | THB 1,150 |
Employers should update payroll parameters, payslip templates, accounting entries, employee communications and budgets so that January 2026 payroll does not continue using the former THB 15,000 base or THB 750 cap. Actual filing must follow the Social Security Office (SSO) system and the employee’s insured status.
2.2 Four Additional Skill-Standard Wage Occupations
Thailand’s Skill Standard Wage Notification No. 15 added four occupations in 2026 for employees who pass the relevant national skill-standard test. The covered skills include specified flux-cored or metal inert gas welding, off-grid solar-system installation and industrial-robot maintenance roles. Applicable wage floors are approximately THB 550–650 per day.
This is not a new national minimum wage for every employee. The occupation and skill certificate must fall within the notification, and employers should compare the skill-standard rate with the applicable provincial or industry minimum wage and use the higher standard. The formal commencement date remains tied to publication in the Royal Gazette, the stated 90-day period and the responsible authority’s implementation notice.
2.3 Traditional Holidays and Financial-Institution Holidays Must Be Separated
The Bank of Thailand’s 2026 financial-institution calendar includes January 2 as an additional special holiday and October 16 as a special holiday for financial institutions in Bangkok. The October date relates to operational arrangements for the 2026 International Monetary Fund and World Bank Annual Meetings.
These dates can affect bank clearing, high-value transfers, salary payments and vendor settlements, but they do not automatically become traditional holidays for every private-sector employee. Private employers must still announce at least 13 traditional holidays for the year, including National Labour Day.
3. Thailand’s Employment Law and Regulatory Framework
Authority or rule | Main scope | Employer focus |
Ministry of Labour | National labor policy and employment regulation | Employment standards, minimum wages and foreign-worker administration |
Department of Labour Protection and Welfare | Labor protection and workplace compliance | Wages, working time, leave, termination and complaints |
Social Security Office | Social-security registration, contributions and benefits | Section 33 enrollment, monthly contributions and employee status |
Revenue Department | Personal income tax and employer withholding | Monthly withholding and annual reporting |
Labour Protection Act B.E. 2541, as amended | Core private-sector employment protections | Mandatory wages, hours, holidays, leave, notice and severance |
Social Security Act | Contributions and statutory benefits | Employer and employee rates, bases and deadlines |
Workmen’s Compensation Act | Work-related injury and occupational disease compensation | Employer-funded contribution and claim exposure |
Thailand’s mandatory labor protections generally apply to private-sector employment even when a contract provides less favorable terms. Minimum wage varies by province and industry, skill-standard wages may apply to certified employees, and Workmen’s Compensation Fund rates depend on the employer’s business-risk classification.
An annual bonus or thirteenth-month salary is not universally required by statute. Whether it is payable depends on the employment contract, company policy, collective arrangement or an established and consistent practice.
4. Recruitment, Offers and Onboarding
Employers may recruit through the Department of Employment’s Smart Job Center, JobsDB Thailand, JobThai, JobTopGun, LinkedIn Jobs and local recruitment firms. Advertisements should accurately state the work province, duties, wage structure, working hours, overtime expectations and lawful work-authorization requirements.
Onboarding item | Information to confirm | Risk control |
Identity and work rights | Thai identity document or passport, address, bank account and lawful right to work | Verify the visa and work permit separately for foreign employees |
Offer and employment contract | Employing entity, role, work province, start date, wages, hours, rest day, probation and notice | Work location directly affects the minimum wage |
Wage structure | Basic wages, position allowance, transport or meal allowance, commission, bonus, overtime and reimbursement | Do not use variable bonuses or expense reimbursements to offset basic minimum wages |
Social security and tax | Section 33 registration, withholding-tax data and employee declarations | Meet registration deadlines and validate employee information |
Working time and holidays | Start and finish times, overtime approvals, weekly rest days and traditional-holiday work | Overtime and holiday pay are frequent dispute areas |
Workmen’s Compensation Fund | Business classification, risk rate and annual assessable wages | The contribution is employer-funded, not an employee deduction |
Data and intellectual property | Collection purpose, access, retention, confidentiality and IP | Collect identity, health and background-check information only when necessary |
Employment contracts should preferably be bilingual in Thai and English or written in a language the employee understands. If language versions differ, the contract may specify an interpretation order, but this cannot remove statutory minimum rights.
5. Employment Contracts, Contract Types and Probation
Contract type | Typical use | Main limitation | Terms to state |
Indefinite-term contract | Regular continuing employment | Termination generally requires notice or notice pay and may trigger severance | Role, workplace, wages, hours, leave, probation, notice and confidentiality |
Fixed-term contract | Defined project, occasional task or seasonal work | Expiry may avoid severance only when the statutory conditions for genuine temporary work are satisfied | Start and end dates, project, completion condition, duration and early termination |
Part-time or hourly contract | Reduced-hours or hourly support | Minimum wage, rest-day, overtime and social-security rules are not automatically excluded | Hourly wage, workdays, overtime and holidays |
Independent contractor | Genuine output-based independent service | Scheduling, control and subordination may result in employee reclassification | Deliverables, acceptance, fees, tax and management boundaries |
Remote or hybrid arrangement | Work within Thailand or across borders | The actual work location may create labor, tax, social-security and injury obligations | Work location, equipment, security, hours and expenses |
A fixed-term contract does not avoid severance merely because it has an end date. Employers should confirm that the work is a specific project outside the employer’s ordinary business, occasional work or seasonal work; that the written agreement clearly states the term or completion condition at the outset; and that the arrangement meets the statutory limits. Repeated renewals, work in the employer’s continuing core business or a broad early-termination right can weaken the fixed-term exception.
Thai law does not set one universal maximum probation period. Up to 119 days is common because an employee ordinarily begins qualifying for statutory severance after completing 120 days of continuous service.
Probation issue | Current position | Employer action | Risk |
Duration | No single statutory maximum; up to 119 days is common | State the period, criteria and assessment process | Dismissal after 120 days generally triggers severance |
Probationary wages | Must satisfy the applicable provincial or industry minimum wage | Test daily, monthly and scheduled-workday calculations | Probation is not a minimum-wage exemption |
Employer termination | Apply contractual and statutory notice or pay in lieu and retain assessment evidence | Settle wages, overtime, expenses and applicable leave | Probation does not mean termination is reason-free or cost-free |
Employee resignation | Apply contractual notice and handover requirements | Pay earned wages and expenses | Do not withhold wages because of an incomplete handover |
Confirmation | Confirm continued employment in writing | Update wages, benefits, access and performance objectives | Manage continued service under ordinary employee rules |
6. Wages, Minimum Wage and Gross-to-Net Payroll
Thailand does not have one minimum wage that can be applied to every location and industry. Employers should first identify the employee’s actual work location, then determine whether a hotel, entertainment-establishment or skill-standard rate applies, and finally test the employee’s daily, monthly, hourly or piece-rate arrangement.
Daily minimum wage | 2026 location or industry | Coverage note |
THB 400 | Bangkok; Phuket; Chachoengsao; Chonburi; Rayong; Koh Samui district in Surat Thani; Type 2, 3 and 4 hotels nationwide; specified entertainment establishments nationwide | Applies to all businesses in Bangkok and to the specified nationwide industries |
THB 380 | Mueang Chiang Mai district and Hat Yai district in Songkhla | Limited to the specified districts |
THB 372 | Nakhon Pathom, Nonthaburi, Pathum Thani, Samut Prakan and Samut Sakhon | Based on actual work location |
THB 359 | Nakhon Ratchasima | Based on actual work location |
THB 358 | Samut Songkhram | Based on actual work location |
THB 357 | Khon Kaen, Chiang Mai outside Mueang Chiang Mai, Prachinburi, Phra Nakhon Si Ayutthaya and Saraburi | Based on actual work location |
THB 356 | Lopburi | Based on actual work location |
THB 355 | Nakhon Nayok, Suphan Buri and Nong Khai | Based on actual work location |
THB 354 | Krabi and Trat | Based on actual work location |
THB 352 | Kanchanaburi, Chanthaburi, Chiang Rai, Tak, Nakhon Phanom, Buri Ram, Prachuap Khiri Khan, Phang Nga, Phitsanulok, Mukdahan, Sakon Nakhon, Songkhla outside Hat Yai, Sa Kaeo, Surat Thani outside Koh Samui and Ubon Ratchathani | Based on actual work location |
THB 351 | Chumphon, Phetchaburi and Surin | Based on actual work location |
THB 350 | Nakhon Sawan, Yasothon and Lamphun | Based on actual work location |
THB 349 | Kalasin, Nakhon Si Thammarat, Bueng Kan, Phetchabun and Roi Et | Based on actual work location |
THB 348 | Chai Nat, Chaiyaphum, Phatthalung, Sing Buri and Ang Thong | Based on actual work location |
THB 347 | Kamphaeng Phet, Phichit, Maha Sarakham, Mae Hong Son, Ranong, Ratchaburi, Lampang, Loei, Si Sa Ket, Satun, Sukhothai, Nong Bua Lamphu, Amnat Charoen, Udon Thani, Uttaradit and Uthai Thani | Based on actual work location |
THB 345 | Trang, Nan, Phayao and Phrae | Based on actual work location |
THB 337 | Narathiwat, Pattani and Yala | Based on actual work location |
Minimum wage is the basic-wage floor. Transport payments, expense reimbursements, variable bonuses and overtime should not be used to offset it. Monthly employees also cannot be tested against one national monthly figure; the applicable daily rate, actual workdays, roster and payment structure must be considered.
Wages are commonly paid monthly, while daily and hourly workers follow the contractual pay cycle. Overtime, rest-day work and traditional-holiday work should be recorded and calculated separately. Employers should not use a vague statement that monthly salary includes all overtime to remove statutory entitlements.
Lawful deductions commonly include the employee’s social-security share, personal-income-tax withholding and other deductions authorized by law or valid employee consent. Penalty deductions, unsupported loss deductions and withholding wages because of an incomplete departure handover carry significant risk.
Illustration: a Bangkok office operations specialist earns THB 60,000 per month and is an ordinary Section 33 insured employee.
Payroll item | Illustrative treatment |
Work location | Bangkok |
Contractual monthly salary | THB 60,000 |
Minimum-wage comparison | Bangkok’s THB 400 daily minimum is materially below the contractual monthly wage when calculated on the applicable schedule |
Employee social-security deduction | THB 875: THB 17,500 × 5% |
Wage after social security | THB 59,125 before personal income tax and other authorized deductions |
Gross-to-net boundary | Tax residence, taxable income, deductions and exemptions must still be calculated |
Gross-to-net payroll should be calculated for the individual employee each month. A fixed percentage cannot reliably estimate final net pay.
7. Working Time, Overtime and Records
Item | General rule | Payroll and compliance effect |
Ordinary working time | Generally no more than 8 hours per day and 48 hours per week | Contracts and schedules may provide more favorable limits |
Hazardous work | Generally no more than 7 hours per day and 42 hours per week | Confirm the occupation under applicable safety rules |
Weekly rest day | At least 1 day per week | Rotating rest days are possible; work on a rest day requires additional pay |
Ordinary overtime | Employee consent is generally required except for statutory emergency or continuous-work situations | Ordinary-workday overtime is generally at least 1.5 times the normal hourly wage |
Holiday work | Work on a weekly rest day or traditional holiday attracts additional pay | Calculation may differ for monthly and daily employees and should be itemised |
Night or shift work | No single universal statutory night-shift premium | Industry rules, collective arrangements, contracts or policy may provide more |
Records | Retain schedules, attendance, overtime consent, approvals, holiday work and payments | Records are central evidence in wage disputes |
A fixed monthly salary does not automatically exclude overtime or holiday pay. Employers should maintain a closed process covering scheduling, employee consent, attendance, overtime approval, payroll calculation and payslip reporting, with ordinary days, weekly rest days and traditional holidays separately classified.
8. Traditional Holidays, Annual Leave and Other Statutory Leave
Private employers must announce at least 13 traditional holidays in advance each year and must include National Labour Day. The following Bank of Thailand calendar is a common reference for business planning. Additional financial-institution holidays do not automatically apply to every private employer.
Date | Holiday | Status | Private-employer action |
January 1 | New Year’s Day | Common traditional holiday | Include in the company calendar where selected |
January 2 | Additional Special Holiday | Financial-institution and government reference | Confirm the company calendar and adjust bank payments |
March 3 | Makha Bucha Day | Common traditional holiday | Account for the Buddhist holiday |
April 6 | Chakri Memorial Day | Common traditional holiday | Include where selected |
April 13–15 | Songkran Festival | Common traditional holidays | Plan staffing for the Thai New Year period |
May 1 | National Labour Day | Mandatory traditional holiday | Must be included by private employers |
May 4 | Coronation Day | Common traditional holiday | Include where selected |
June 1 | Substitute for Visakha Bucha Day | Common traditional holiday | Substitute because the original date falls on Sunday |
June 3 | H.M. Queen Suthida’s Birthday | Common traditional holiday | Include where selected |
July 28 | H.M. the King’s Birthday | Common traditional holiday | Include where selected |
July 29 | Asarnha Bucha Day | Common traditional holiday | Account for the Buddhist holiday |
August 12 | H.M. Queen Sirikit the Queen Mother’s Birthday | Common traditional holiday | Include where selected |
October 13 | King Bhumibol Adulyadej Memorial Day | Common traditional holiday | Include where selected |
October 16 | Additional Bangkok Special Holiday | Bangkok financial institutions and related government arrangements only | Do not copy automatically; prepare bank transfers in advance |
October 23 | Chulalongkorn Memorial Day | Common traditional holiday | Include where selected |
December 7 | Substitute for Father’s Day | Common traditional holiday | Substitute arrangement for December 5 |
December 10 | Constitution Day | Common traditional holiday | Include where selected |
December 31 | New Year’s Eve | Common traditional holiday | Arrange year-end payroll and payments in advance |
If a traditional holiday falls on an employee’s weekly rest day, the employer should provide a substitute holiday under the applicable rule. The company’s final calendar of at least 13 days should be communicated before the beginning of the year.
Leave type | Statutory reference | Employer treatment |
Annual leave after 1 year | At least 6 paid working days per year | Employers may provide a more generous entitlement |
Annual leave before 1 year | Employer may provide proportionate leave based on service | State the accrual method in the contract or handbook |
Sick leave | Leave according to actual illness; employer-paid wages generally capped at 30 working days per year | A medical certificate may generally be requested for 3 or more consecutive days |
Maternity leave | Up to 98 days | Employer generally pays up to 45 days; social-security benefits may also apply |
Necessary business leave | At least 3 paid working days per year for necessary personal matters | State the request and evidence process |
Military or training leave | According to the statutory call-up or training requirement | Apply the relevant evidence and pay rules |
Unused annual leave on termination | Statutory or contractual unused leave may require settlement | Determine treatment according to resignation, employer termination and serious misconduct |
9. Employer Social Security, Mandatory Benefits and Tax
Item | Employer responsibility | Employee contribution or deduction | 2026 base or ceiling | Frequency |
Section 33 social security | Generally 5% | Generally 5% | Monthly wage ceiling THB 17,500; ordinary maximum THB 875 each | Monthly |
Workmen’s Compensation Fund | Employer-funded, commonly 0.2%–1.0% based on industry risk | None | Annual assessable wage capped at THB 240,000 per employee | Annual or as required |
Personal income-tax withholding | Calculate, deduct, report and remit | Employee bears the tax | Based on residence, taxable income, deductions and progressive rates | Monthly and annual |
Provident fund | Not universally mandatory; employer contributes when a plan is established | Participating employees contribute under plan rules | Fund rules, contract and tax treatment apply | Monthly |
Commercial medical and other benefits | According to contract or company policy | Employee sharing only when the plan permits | Do not present duplicate coverage as another mandatory social-security deduction | According to the policy |
Section 33 social security generally covers statutory medical, unemployment, disability, maternity, death, child and retirement benefits. Employers should not split the same statutory protection into a duplicate mandatory medical-insurance deduction.
The Workmen’s Compensation Fund is funded by the employer. Its rate depends on the employer’s industry-risk classification, not the individual employee’s job title. Employers should verify the business code, annual wage ceiling and any experience-rating adjustment.
Using the THB 60,000 Bangkok office employee and a low-risk 0.2% Workmen’s Compensation Fund rate:
Cost item | Employer monthly estimate | Employee monthly deduction | Calculation |
Contractual salary | THB 60,000 | — | Monthly contractual salary |
Social security | THB 875 | THB 875 | THB 17,500 × 5% |
Workmen’s Compensation Fund | THB 40 monthly equivalent | None | THB 240,000 × 0.2% ÷ 12 |
Personal income tax | Employer withholds and remits | Depends on the employee | Calculated under Revenue Department rules |
Employer monthly cash-cost subtotal | THB 60,915 | — | Salary + employer social security + monthly WCF equivalent |
The subtotal excludes bonuses, overtime, holiday pay, commercial benefits and severance. A higher-risk business classification increases the Workmen’s Compensation Fund cost.
10. Local Employees and Foreign Employees
Topic | Thai local employee | Foreign employee or assignee |
Employment contract | Thai mandatory labor protections apply | Thai mandatory labor protections also apply; the contract must align with work authorization |
Minimum wage | Determined by actual province, industry and applicable skill standard | Nationality does not reduce the wage floor; immigration conditions may require higher pay |
Social security | Eligible Section 33 employees generally contribute 5%, matched by the employer | Coverage depends on nationality, applicable arrangements, work authorization and the actual employment relationship |
Personal income tax | Apply Thai residence and income rules | Also assess days present, Thai and foreign income and tax-treaty treatment |
Work permit | Not applicable | Confirm the work permit, visa, restricted occupations and employer eligibility before work starts |
Termination | Settle wages, leave, social security, tax and severance | Also address work-permit and visa cancellation, transfer or departure |
An employment contract or EOR arrangement does not automatically resolve a foreign employee’s work permit. Employment, payroll and immigration pathways must be assessed separately, and employers should not guarantee visa or work-permit approval.
11. Remote Work, Data Privacy and Record Retention
Remote and hybrid arrangements in Thailand should identify the principal workplace, normal hours, overtime approval, equipment, expense reimbursement, information security and work-injury reporting.
Moving between provinces may change the applicable minimum wage. Long-term work outside Thailand may trigger the labor, tax, social-security and immigration rules of the actual work location.
Record category | Information to retain | Main purpose |
Contract and role | Employment agreement, appendices, job description, workplace, wages and changes | Evidence of terms and minimum-wage location |
Payroll and filings | Payroll registers, payslips, social security, income tax and Workmen’s Compensation Fund records | Payroll, audit and employee disputes |
Working time and leave | Schedules, attendance, overtime consent and approvals, holidays, annual leave and sick leave | Overtime, holiday pay and unused-leave calculations |
Performance and discipline | Objectives, reviews, coaching, warnings, investigations and employee explanations | Support performance management and termination decisions |
Foreign employees | Passport, visa, work permit and expiry reminders | Ongoing authorization and offboarding |
Data and assets | Equipment, system access, confidentiality, IP and return records | Information security and business continuity |
Identity, health, payroll and performance information should be collected only when necessary, protected with appropriate access controls and assigned defined retention, deletion and archival periods.
12. Termination, Severance and Final Settlement
Before termination, employers should confirm the contract type, continuous service, initiating party, genuine reason, notice period, unpaid entitlements and any protected status such as pregnancy, work injury or employee-representative status.
Scenario | Notice or procedure | Final settlement | Main risk |
Employer termination during probation | Apply contractual and statutory notice; normally complete evaluation before day 120 | Wages, overtime, expenses and applicable unused leave | Severance generally begins after 120 days |
Employee resignation during probation | Apply contractual notice and handover | Wages, expenses and applicable unused leave | Earned wages cannot be withheld |
Employer termination of indefinite employment | Generally give notice tied to a wage-payment cycle or pay in lieu | Wages, unused leave, notice pay and severance | Unfair dismissal may create additional compensation or reinstatement exposure |
Employee resignation | Apply the contractual and statutory notice requirements | Wages, unused leave, overtime, commissions and expenses | Statutory severance does not ordinarily apply |
Fixed-term expiry | Severance exception may apply only to genuine specific-project, occasional or seasonal work | Wages and unused leave | Continuing ordinary work may still trigger severance |
Early fixed-term termination | Apply the contract and labor law | May include remaining-term loss, severance and unused leave | A fixed-term label does not avoid liability |
Serious-misconduct dismissal | Investigate and state the facts and legal basis in the termination letter | Earned wages and other payable amounts remain due | Weak evidence or drafting may destroy the severance exemption |
Restructuring or redundancy | Retain the genuine business reason and fair selection basis | Notice pay, wages, unused leave and severance | Special severance and unfair-dismissal risk may require review |
Continuous service | Statutory minimum severance | ||
At least 120 days but less than 1 year | 30 days of last wages | ||
At least 1 year but less than 3 years | 90 days of last wages | ||
At least 3 years but less than 6 years | 180 days of last wages | ||
At least 6 years but less than 10 years | 240 days of last wages | ||
At least 10 years but less than 20 years | 300 days of last wages | ||
At least 20 years | 400 days of last wages |
An employee who resigns ordinarily does not receive statutory severance, but earned wages, overtime, holiday pay, encashable annual leave, bonus and commission must still be reconciled. Serious misconduct avoids severance only when a statutory ground applies and the investigation and termination documents are sufficient.
Illustration: a Bangkok employee earns THB 60,000 monthly, has four years of service and is terminated because the role is eliminated. There is no serious misconduct, the employer does not give one full wage-payment cycle of advance notice, and the employee has 10 days of earned encashable leave.
Settlement item | Illustrative amount | Calculation |
Final monthly salary | THB 60,000 | Full salary month assumed |
Notice pay | THB 60,000 | One monthly wage-payment cycle assumed; actual timing depends on notice and payday dates |
Statutory severance | THB 360,000 | THB 2,000 daily wage × 180 days |
Ten unused annual-leave days | THB 20,000 | THB 2,000 × 10 days |
Illustrative settlement total | THB 500,000 | Before tax, social-security adjustments, bonus, commission, expenses and unfair-dismissal damages |
Wages, overtime, holiday pay and other statutory amounts due are generally payable within three days after employer termination. If the termination is found unfair, the Labor Court may order reinstatement or additional damages, so THB 500,000 is not a maximum-liability figure.
13. Hiring Model: Entity, EOR or Payroll Outsourcing
Model | Typical use | Matters the company must confirm |
Direct employment through a Thai entity | An established local entity planning ongoing operations | Entity status, contracts, social security, tax, Workmen’s Compensation Fund and payroll |
Employer of Record | Initial hires before entity formation or market testing | EOR entity, actual management, social-security and tax registrations, work permits and client-site supervision |
Professional Employer Organization | A company with an employer entity outsourcing part of HR operations | Legal-employer responsibilities, data handoffs and approval controls |
Payroll outsourcing | An existing entity outsourcing calculations and filings | The client remains the employer and supplies hours, bonuses, leave and changes on time |
Independent contractor | Genuine output-based service without employment subordination | Avoid employee-style scheduling, attendance and daily management |
Cross-border remote work | An individual working long-term outside Thailand | Assess work-location labor, tax, social security, immigration and injury rules |
The hiring model must reflect the actual business and management relationship. EOR should not be described as eliminating labor disputes, guaranteeing a work permit or removing the client’s operational-management risk.
sailglobal can support hiring-model assessment, compliant onboarding, local employment contracts, Thailand payroll, social-security administration, HR operations and EOR feasibility. Immigration sponsorship and work-permit feasibility remain separate assessments.
14. Common Thailand Employment Risks for Chinese Companies
Risk | Typical error | Control |
Treating THB 400 as the national minimum wage | Applying Bangkok’s rate to every province and industry | Check the actual work province, industry and skill-standard wage |
Using the former social-security ceiling | Continuing to cap contributions at THB 15,000 or THB 750 per party | Update the 2026 base to THB 17,500 and the ordinary maximum to THB 875 each |
Omitting the Workmen’s Compensation Fund | Budgeting only salary and 5% employer social security | Verify the employer’s industry classification and 0.2%–1.0% rate |
Deducting WCF from employees | Treating an employer-funded contribution as a payroll deduction | Fund WCF entirely as an employer cost |
Treating monthly salary as inclusive of all overtime | Failing to calculate ordinary-day, rest-day and traditional-holiday work separately | Maintain attendance, consent, approval and itemised payroll records |
Completing probation assessment too late | Making the decision after the employee reaches 120 days | Complete the documented evaluation and lawful decision before day 120 |
Using artificial fixed-term contracts | Assuming every contract expiry avoids severance | Test the real project, duration, work nature and renewal history |
Calculating notice pay only | Omitting statutory severance of up to 400 days | Check service, last wages, unused leave and termination reason |
Using an employment contract as immigration authorization | Allowing a foreign employee to work without the correct permit | Manage employment, visa and work-permit pathways separately |
Copying every Bank of Thailand holiday into the employee calendar | Treating financial-institution special holidays as universal private-sector holidays | Publish a lawful company calendar and manage bank-closure dates separately |