Employee Working Hours and Break Times Under Labor Law
General employees may work no more than 8 hours per day and 48 hours per week. Hazardous work is limited to 7 hours per day and 42 hours per week, and employees must receive at least a 1-hour break after no more than 5 consecutive hours of work.
Table of Contents:
- Employee Working Hours and Break Times Under Labor Law
- Q: How Many Hours per Day Can Employees Work Under Labor Law?
- Q: How Much Break Time Are Employees Entitled to Under Labor Law?
- Q: What Are the Penalties If an Employer Violates Labor Law on Working Hours and Break Times?
- Summary Q&A: How Many Working Hours and Break Hours Are Employees Entitled to Under Labor Law?
- FAQ: Frequently Asked Questions About Working Hours and Break Times
Q: How Many Hours per Day Can Employees Work Under Labor Law?
labor protection lawsets limits on daily and weekly working hours and requires break periods during the day to protect employees’ rights and well-being. These rules help prevent excessive workloads that may harm physical and mental health, while giving employees time to rest, reduce stress and fatigue, and support better well-being and work performance.
A: Under labor law, employees should work no more than 8 hours per day and 48 hours per week. For hazardous work, the limit is reduced to no more than 7 hours per day and 42 hours per week.
Labour Protection Act B.E. 2541 (1998) Section 23 sets normal working hours for general employees at no more than 8 hours per day and 48 hours per week. For work that may be hazardous to employees’ health and safety as specified by ministerial regulations, working hours are reduced to no more than 7 hours per day and 42 hours per week.
Working Hours by Type of Work
| Type of Work | Hours/Day | Hours/Week | Section |
|---|---|---|---|
| General Work | No more than 8 | No more than 48 | Section 23 |
| Work that may be hazardous to health and safety, such as underground work, underwater work, confined-space work, radiation-related work, and welding | No more than 7 | No more than 42 | Section 23 and Ministerial Regulations |
| Employees Under 18 Years Old | No more than 8 | No more than 48 | Section 23 · Additional restrictions under Sections 47–48 |
| Pregnant Employees | No more than 8 | No more than 48 | Section 23 · Additional restrictions under Section 39 |
| Land Transport Work (Drivers) | No more than 8 | No more than 48 | Section 23 and Ministerial Regulations |
If employees are required to work beyond normal working hours, they must receive additional compensation (overtime pay or OT pay) at a rate higher than normal wages as required by law.
Tips! Click to read more about overtime >> What Are Overtime Pay and Holiday Work Pay, and How Are They Calculated? <<
Q: How Much Break Time Are Employees Entitled to Under Labor Law?
A: Under labor law, employees should receive at least 1 hour of break time during the day after working no more than 5 consecutive hours.
The Labour Protection Act B.E. 2541 (1998) requires general employees to receive at least 1 hour of break time during the day after no more than 5 consecutive hours of work. Employers and employees may agree in advance on how the break is arranged, subject to the following criteria and exceptions:
- Employers and employees may agree in advanceto divide the break into several shorter periods. Each break may be less than 1 hour, but must be at least 20 minutes, and the total break time must be at least 1 hour per day.
- For work that must be performed continuously or in an emergencywhere it is not possible to take a break during more than 5 consecutive hours of work, the employer may omit the break with the employee’s consent. The employer and employee may also agree to move the break to another period or compensate for the break on the next working day.
Q: What Are the Penalties If an Employer Violates Labor Law on Working Hours and Break Times?
A: If an employer fails to comply with labor protection law regarding working hours and break times, the employer may face a fine of THB 5,000–200,000, imprisonment for up to 1 year, or both.
If an employer violates labor protection law on working hours and break times—for example, by requiring employees to work more than 8 hours per day or 48 hours per week, providing less than 1 hour of break time per day, or providing no break without the employee’s agreement and consent—the employer may face a fine of THB 5,000–200,000, imprisonment for up to 1 year, or both. The employer must pay the fine within 30 days from the date the case outcome is notified.
Summary Q&A: How Many Working Hours and Break Hours Are Employees Entitled to Under Labor Law?
Under labor law, general employees may work no more than 8 hours per day and 48 hours per week. Hazardous work is limited to 7 hours per day and 42 hours per week, and employees must receive at least 1 hour of break time after no more than 5 consecutive hours of work. Employers should therefore arrange working hours and break times in compliance with the law to prevent excessive workloads that can harm employees’ physical and mental health and to support well-being and productivity.
References
FAQ: Frequently Asked Questions About Working Hours and Break Times
Q: What Is the Maximum Overtime Allowed per Week?
A: Overtime hours combined with holiday work hours must not exceed 36 hours per week under the ministerial regulations issued under the Labour Protection Act. See how to calculate all types of overtime
Q: Does Overtime Require the Employee’s Consent?
A: Yes. Under Section 24, an employer may require overtime only with the employee’s prior consent on each occasion, except for work that must be performed continuously and would be damaged by interruption, or emergency work.
Q: How Many Weekly Days Off Are Required?
A: At least 1 day per week, with no more than 6 days between weekly days off. Under Section 28, the employer and employee may agree in advance on which day will be the weekly day off.
Q: How Can HR Monitor Employee Working Hours to Stay Compliant?
A: Use atime attendance systemthat records actual clock-in and clock-out times for all employees, and set alerts when working hours or overtime exceed the limits. Time data can then flow automatically into payroll and overtime calculations. See how to calculate working hours with software
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