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October 29, 2025

Thailand’s Draft Labor Protection Act: Senate Approves Key Amendments

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On September 15, 2025, Thailand’s Senate approved a draft amendment to the Labor Protection Act (LPA), which is currently awaiting publication in the Government Gazette. The amendment, which will take effect 30 days after publication, extends labor protections to certain service contractors working for state entities, enhances maternity and spousal support leave, and updates employer reporting obligations.

Expanded Protections for State-Contracted Service Providers

The amendment adds a section to the LPA that extends core labor protections to individuals engaged by government bodies under service contracts. This provision covers workers hired by central, regional, and local government agencies; state enterprises governed by the State Enterprise Labor Relations Act; public organizations; and other state agencies when these entities retain individuals under service procurement contracts (or similar arrangements) and exercise supervision, direction, and control over their work.

In such cases, the hiring agencies must provide terms no less favorable than those required under the LPA for remuneration, weekly holidays, traditional holidays, annual leave, sick leave, maternity leave, working days and hours, and rest periods. Ministerial regulations will establish specific criteria for implementation.

Disputes regarding rights and duties under this provision will fall under Labor Court jurisdiction.

This change aligns the treatment of controlled service contractors with that of regular employees, addressing a longstanding coverage gap in the public sector.

Enhanced Maternity Leave and New Caregiving Provisions

The amendment includes a maternity leave entitlement of up to 120 days per pregnancy (an increase from the previous 98 days), unless otherwise prescribed by royal decree, and also introduces a new postnatal caregiving leave for mothers in complex medical situations who have used their childbirth leave, granting up to 15 additional days to care for children who are at risk of complications, have abnormalities, or have disabilities. This supplemental leave requires support from a medical certificate issued by a modern medicine practitioner.

Spousal Support Leave

A new LPA section establishes leave for employees to assist spouses who give birth. Employees may take up to 15 days of paid leave per pregnancy, which can be taken on or before the spouse’s leave date, within 90 days of the child’s birth.

This provision creates a distinct spousal support entitlement with practical implications for workforce planning.

Updated Wage Entitlements During Leave

The draft revises wage obligations during various types of leave:

  1. Maternity leave: Employers must pay wages equivalent to working-day wages throughout the leave period, capped at 60 days (an increase from the previous 45 days), unless otherwise prescribed by royal decree.
  2. Postnatal caregiving leave: For the new 15-day postnatal caregiving leave, employers must pay wages at 50 percent of normal working-day wage.
  3. Spousal support leave: Employers must pay wages equivalent to working-day wages for up to 15 days.

Updated Reporting Obligations

The amendment also revises the LPA section on reporting duties. Employers with 10 or more employees must submit forms reporting employment terms and working conditions to the director-general (or delegate) of the Department of Labor Protection and Welfare within January of each year, following methods specified by notification (without requiring the labor inspector to send the form prescribed by the director-general to the employer by December of the preceding year). This change codifies timing and procedural expectations to facilitate labor inspection functions and ensure consistent data collection.

Implementation Considerations

State agencies and public organizations using service contracts for personnel face significant compliance changes under the new LPA section on protections for state-contracted service providers. Where agencies supervise and control individuals’ work, they must provide labor standards meeting labor protection law minimums. These entities should assess contracting frameworks, supervision practices, and human resources policies to ensure alignment with new standards on pay, leave, holidays, and working hours, and prepare for Labor Court jurisdiction over related disputes.

Private-sector employers should review leave policies, payroll configurations, and documentation processes. The clarified maternity pay cap, partially paid postnatal caregiving leave with medical certification requirements, and fully paid spousal support leave require clear internal procedures and manager and employee communications. HR and payroll systems need updates to calculate and administer these entitlements accurately, including the 50 percent pay rate for caregiving leave, the full pay rate for spousal support leave, and the 60-day cap on paid maternity leave.

Finally, employers with 10 or more employees should confirm that their January reporting processes align with the director-general’s prescribed submission methods and calendar, ensuring timely annual compliance.

Next Steps

The amendments become effective 30 days after publication in the Government Gazette. Employers and state bodies should proactively update policies, employment handbooks, contract templates, and administrative procedures, and train relevant personnel to implement new entitlements and reporting obligations upon the amended LPA’s entry into force.

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