After working hard throughout the year, the right to “annual leave” or “vacation leave” is an important benefit that helps employees recharge their energy. Long holiday periods are often the time when many people plan to use their annual leave. However, many employees still wonder: if they do not use all of their leave days, can they carry them over to the following year? If the leave is not used, will those days be lost, or will they receive payment in lieu of the unused leave?
This article will help clarify questions about annual leave under labor law, making it easy to understand so employees can exercise their rights correctly.
What is annual leave under labor law?
According to the Labour Protection Act B.E. 2541 (1998), employees who have worked continuously for one full year are entitled to annual leave of not less than 6 working days per year. This does not include weekly holidays or public holidays.
However, the conditions for using annual leave may vary, depending on the agreement between the employer and the employee or the company’s internal policies.
Can Annual Leave Be Carried Forward?
Annual leave (paid vacation days) can be carried forward depending on each company’s policy.
Under Thai labor law, employees who have completed one year of service are entitled to at least 6 days of annual leave per year. If the leave is not fully used, employers may allow employees to carry it forward to the following year or require it to be used within a specified period, depending on the agreement or company policy.
However, if there is no agreement or policy regarding leave carryover, the unused annual leave may be considered forfeited for that year.
What Happens If You Don’t Use All Your Annual Leave?
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Carryover allowed if there is a policy: Employees may carry forward unused annual leave to the following year according to the company’s regulations, provided that the policy does not conflict with labor law.
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If the company does not allow carryover: The employer may require employees to use their full 6 days of annual leave within a specified period, or provide compensation in lieu of unused leave, depending on company policy.
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Resignation or termination: If employees have accumulated annual leave, they may either use the remaining leave before leaving the company or receive payment in lieu of the unused leave according to their remaining entitlement.
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Legal requirement: Employees who have completed one year of service are entitled to at least 6 working days of annual leave per year under the law.