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Thai Employers’ Guidelines if Employees do not Use the Right to Apply for Annual Leave in Thailand

Thai employees’ annual vacation is stipulated by law that if an employee has worked continuously for one year, the employee is entitled to receive annual vacation for not less than 6 working days per year. Therefore, it can be considered that annual vacation is a right Thai employee should be entitled to, and the employer is obliged to arrange the vacation as follows:[1]

泰國員工年假是法律規定,如果員工連續工作一年,每年有權享受不少於6個工作日的年假。因此,可以認為年假是泰國員工應享有的權利,雇主有義務安排如下假期:


Ø Employers can set annual leave days for employees.

雇主可以為員工安排休假日。


In principle, annual leave is considered an entitlement that an employee must receive. Based on the law, it is deemed that an employer can assign annual leaves to each employee because the employer has the power to manage work of the company, and the allocation of leave days to the employees is considered management of business too. If an employee undertakes leaves allocated by an employer, the employer does not need to accumulate leaves for the following year, or the employer is not obliged to pay in lieu of providing the employee with annual vacation.

原則上假期被認為是員工必須獲得的權利。根據法律,雇主可以為每位員工分配年假,因為雇主有權管理公司的工作,而分配給員工的假期也被認為是對業務的管理。員工在雇主安排的假期休假,雇主不需要累積下一年的假期、或者雇主沒有義務提供員工與年假相等的薪資。


However, in practice, most employers do not prefer to do this because employees may not want to take leave on the day that the employer has allocated. Therefore, most employers often allow employees to apply for their annual leaves instead.

然而,在現實中大多數雇主不喜歡這樣做,因為員工可能不想在雇主分配的同一天休假。因此,大多數雇主通常允許員工申請年假。


Ø Employers can arrange for employees to apply annual leave by lodging the leave application to employers.

雇主可安排員工向雇主申請年假。


Thai employer's arrangement for an employee to apply for annual leave is an agreement between employer and employee for the employee to take leave on such date. In practice, an employee must submit annual leave request and clearly state that the employee wishes to take annual leave on which date, and the employer has the right to consider and approve the employee's leave. This is legally referred to as a request for leave and when the employer approves the leave, it is a response to the employee's offer, thus arranging an agreed holiday.

泰國雇主安排員工向雇主申請年假,是雇主與員工之間就員工在該日期休假的協議。實際上員工必須提交休假信,並明確說明員工希望在哪一天休假、並且雇主有權考慮和批准員工的休假。這在法律上被稱為請假請求,當雇主批准請假時,這是對員工提議的回應,從而安排約定的假期。


This method is preferred by most Thai employers. If an employer approves an employee's annual leave or agrees to take the leave according to the days of annual leave the employee is entitled to receive each year, then the employer does not need to accumulate its annual leaves for the following year for employees.

大多數泰國雇主都喜歡這種方法。如果雇主批准員工年假或同意按照員工每年有權享受的年假天數休年假,雇主無需為員工累積下一年的年假。


Ø What should an employer do if an employee does not use the annual leave for the day of vacation that the employee is entitled to take?

如果員工在員工有權休假的那一天沒有使用年假,雇主應該怎麼做?


If an employee does not exercise the right to apply for annual leave according to the number of days the employee receives each year, the employer can accumulate vacation that the employee does not use for the following year, or the employer will pay the wages according to the number of vacation days that the employee does not take.[2]

員工未按每年享有的年假天數行使申請年假的權利,雇主可以累計該員工至下一年不用的假期,或者雇主按照規定支付薪資取代員工不休假的天數。


According to Judgment of Supreme Court, laid down the norm that the determination of annual leave is the duty of an employer to take. Regardless of whether the employee expresses his/her intention to apply for vacation according to their right or not, the employer shall have the duty to allocate annual leave to employees. If the employer does not allocate holidays to the employees, employer must pay wages based on the annual leaves they have to their employees.[3]

依據最高法院的判決,規定年假的確定是雇主的義務,無論員工是否按照權利表達了申請休假的意願,雇主都應享有義務為員工全額分配年假。如果雇主不給員工安排假期,雇主必須支付員工等同於年假的薪資。

[1] Section 30 of the Labor Protection Act B.E. 2541 (1998). [2] Section 64 of the Labor Protection Act B.E. 2541 (1998). [3] Judgment of Supreme Court No. 8117/2546.

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