Our lives cannot work every day, all the time without taking a break somewhere. Each person has different roles, responsibilities, and burdens. Therefore, many employers or supervisors must acknowledge and accept the holidays of many employees, some reluctantly, while others may let it pass. However, how can we know whether the leave and holidays are in accordance with labor laws in a manner that satisfies both parties? Let's study the rights according to labor laws regarding holidays and leave. In the law, it is stipulated as follows:

•      Working hours

-Not exceeding 8 hours per day and not exceeding 48 hours per week, with hazardous work as specified in the ministerial regulations.

-Not more than 7 hours per day and not more than 42 hours per week.

•     Rest periods

-On days with work, employers must provide employees with uninterrupted rest periods of not less than 1 hour within the first 5 hours of work.

-The employer and the employee may agree in advance to have rest periods of less than 1 hour at a time, but not less than 20 minutes each, and when combined, it must not be less than 1 hour per day.

-In cases where work duties require continuous performance or involve emergencies where stopping is not possible, the employer may not provide rest periods to employees, but must obtain consent from the employees.

•    Regular weekly holiday

-Must not be less than one day per week, with intervals not exceeding 6 days.

-Employees are entitled to receive wages on the regular weekly holiday (except for daily, hourly, or piece-rate employees, calculated as units).

-The employer and the employee may agree in advance to designate any day as the regular weekly holiday.

-In case the regular weekly holiday is uncertain, the employer shall announce the holiday to the employees in advance not less than 3 days and notify the labor inspectorate in writing within 7 days from the date of the announcement.

•     Traditional holiday

-Must be not less than 13 days per year, including national labor day. If a traditional holiday falls on a regular weekly holiday, it shall be compensated on the next working day.

Employees are entitled to receive wages on traditional holidays.

•     Annual vacation days

-Employees who have worked continuously for a full year are entitled to annual vacation leave of not less than 6 working days per year.

-Employees are entitled to receive wages on annual vacation days.

-If an employee has not completed one year of service, they may take leave proportionally.

-Employers shall determine the annual vacation days and inform employees in advance or as agreed upon.

-Employers and employees may agree in advance to accumulate and defer annual vacation days to be taken as leave in other years.

•    Maternity leave

-Female employees who are pregnant are entitled to maternity leave before and after childbirth, not exceeding 90 days, including counting public holidays during the leave.

-Employers must pay the employee's wages during maternity leave, equivalent to the wages on working days throughout the leave period, but not exceeding 45 days.

•    Leave for sterilization

-Employees have the right to take leave for sterilization and have the right to leave due to sterilization as prescribed by the current first-tier medical practitioner and issue a certificate. Employees are entitled to receive wages on the day of leave.

•    Personal leave

-Employees have the right to take necessary personal leave according to the regulations related to work.

•    Leave for public service

-Employees have the right to take leave for military service in the event of military conscription, for inspection, for military training, or for testing readiness. The leave granted corresponds to the number of days required by the military, and the employee receives wages for the entire leave period but not exceeding 60 days per year.

•    Training leave  

-Employees have the right to take leave for training or skill development according to the criteria and methods prescribed by the Ministry's regulations, without receiving wages on those leave days. 

"Simply adhering to labor laws as mentioned above should serve as the criterion for determining holidays and leave within an organization. This should be sufficient at a level where both employees and employers are satisfied and coexist happily." 

 Source:https://www.mol.go.th/