For security guards nationwide, when the new ministerial regulation comes into effect from   April  24 , 2026  onwards, it stipulates that security guards working more than  8  hours a day are entitled to overtime pay  (OT)  like employees in other professions. This is considered a step forward in raising labor standards and creating fairness for those working in this field.

 

What changes does the new law make ? 

Security guards are an exempted group of employees under labor laws, meaning they do not receive overtime pay at the same rate as regular employees for working overtime. 

 

  1. Original Ministerial Regulation (  2009 ) 

Under the original ministerial regulation of 2009, security  guards were not entitled to overtime pay or holiday overtime pay. However, the new law abolishes this restriction, providing this group of workers with fairer protection.   

 

  1. I received overtime pay  (OT) legally.  

For employees paid monthly: Security guards working more than   hours a day must receive overtime pay. On normal working days, the pay must be at least  1.25 times the hourly wage, and on holidays, at least  2.5  times the hourly wage.  

 

In cases where employees are not paid monthly,  even if an agreement is reached to work overtime exceeding hours on certain days  ( but not exceeding 48 hours per week )  , the employer is still required to pay overtime pay This overtime pay must be at least 1.25 times the hourly wage on normal working days and at least 2.5 times the hourly wage on holidays.            

 

The new ministerial regulation abolishes that exception and clearly defines the entitlement of security guards to overtime pay as follows: 

 

  1. Overtime pay on a normal workday.

If a worker operates for more than  eight  hours a day, the employer must pay overtime wages at least  1.25  times the hourly rate for hours worked beyond the normal hours. 

 

  1. Overtime pay on holidays

In cases where work is performed on holidays and the working hours exceed   hours, the employer must pay overtime pay of at least  2.5  times the hourly wage rate.

 

  1. In the event that an agreement is reached to work more than  hours per day. 

Even if employers and employees agree on working more than hours a day , the total working hours must not exceed 48 hours per week , and overtime pay for hours exceeding hours per day must still be paid at the rate prescribed by law.         

 

Example of overtime pay calculation. 

Let's assume  Mr. Kit is a security guard earning 400 baht  per day,  working 8 hours  normally  and an additional  4 hours  of overtime  (at a rate of  50  baht per hour). 

 

According to the old law: 

  • The standard wage  for 8  hours =  400  baht. 
  • Overtime pay for 4 hours = 50 × 4 = 200 baht. 
  • That's a total of 600 baht per day. 

According to the new law (normal working days): 

  • The standard wage for 8 hours = 400 baht. 
  • Overtime pay for   hours =  50 × 1.25 × 4 = 250  baht. 
  • That's a total of  650  baht per day. 

According to the new law (holidays): 

  • Normal wage  for 8  hours =  400 x  2 = 800 baht. 
  • Overtime pay for   hours on a holiday =  50 × 2.5 × 4 = 500  baht. 
  • That totals  1,300 baht per day.  

 

The minimum wage rate for 2026  that  is used as the base for calculation. 

The current minimum wage varies by area from 337 to 400 baht per day. The areas with the highest minimum wage of 400 baht per day include Bangkok, Phuket, Chachoengsao, Chonburi, Rayong, and Koh Samui (Surat Thani). This rate is also used as the basis for calculating overtime pay for security guards.

 

The new ministerial regulation, effective  April 24, 2026,  marks a significant step in improving the quality of life for hundreds of thousands of security guards nationwide. It shifts from a system where overtime pay is equal to regular wages to a fairer system. Both employers and security company clients should study and adapt to the new law to avoid legal violations and maintain positive relationships with their workers. 

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“Aon” is an HR consultant who coordinates and support the Support team as well as helping in developing the EzyHR system to meet the customer needs and work more in line of the system usage. She is an easy going, spiritual person who loves traveling and follows food reviews. A foodie by heart.