2026 Thailand Employment Guide: Minimum Wage, Social Security, Leave and Severance

sailglobal

2026 Thailand Employment Guide: Minimum Wage, Social Security, Leave and Severance

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.

Check recruitment costs

Our Guide in Thailand

Browse the following tags to learn all about Thailand

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