Cleaners, cooks, carers, drivers, security guards working in or for Thai households have new legal rights. Here’s a summary of what you need to know about Ministerial Regulation 15 on Domestic Work (30 April 2024):
Minimum wage (2024 Bangkok rate = 363 baht/day)
Maximum 8-hour workdays, plus 1-hour break, with 48-hour maximum weeks
Maternity leave of 98 days, with employers paying 45-days regular salary (It is now illegal to fire a domestic worker because of pregnancy, and during pregnancy she cannot work between 22.00-06.00, overtime or on holidays.)
Salary deductions not allowed, except for 5 categories (provident fund, tax, repayment for damage from wilful or gross negligence, debt benefitting the worker, and trade union dues). Deductions may only be 10 per cent of salary for each category, not exceeding 20 per cent of salary in any payment.
15-17 year old workers are entitled to 30 paid days off to attend educational classes, and employers need to notify the Labour Inspector at hiring and termination.
These are added to existing Regulation and Criminal Code provisions:
Leaves:
Minimum 1 full day of rest/week
Minimum 13 days paid public holidays/year
6 days paid annual leave, after 1 year of work.
Up to 30 paid sick leave days. In case of sick leave of up to three consecutive working days, the employers could ask for medical certificates.
Payment for work on holidays shall not be less than 1x the hourly wage rate of monthly workers, or not less than 2x the hourly wage rate of daily workers.
Minimum legal age for domestic workers is 15. 15-17 year olds should not do hazardous work like using dangerous chemicals or heavy lifting, and cannot work over 48 hours/week, or from 22.00-06.00.
To terminate employment, workers must be given 1-wage cycle of notice, and paid within 3 days of the last day of work (including pay for up to 6 annual leave days not yet taken). They should be given a work experience certificate at the end of the employment.
In case employers violate the Ministerial Regulation, they shall be punished with a fine and/or imprisonment, which, depending on the violation, can be up to 200,000 baht and/or a year in prison.
It is illegal for employers to keep a domestic worker’s identity documents, per Criminal Code.
It is illegal to sexually harass or abuse domestic workers, per Criminal Code.
