Clearing Up the Confusion About “Traditional Holidays”: How to Count 13 Days Correctly

As the year comes to an end, it’s the time for HR managers and business owners to start planning and announcing “traditional holidays” for the coming year. But are you sure the schedule you set is 100% compliant with Thai labor law?

Many organizations are still unclear about the minimum number of days, whether Labor Day must be included, and how to handle “substitute holidays” when the official holiday falls on a weekend. This article will give you a clear and practical guide.

According to the Labor Protection Act, Section 29:

• Employers must provide employees with no fewer than 13 traditional holidays per year
• The holidays must always include National Labor Day (May 1) as a paid holiday
  

In other words, whether you’re an SME or a large enterprise, you must officially announce and grant at least 13 days — not less.

Step 1: Start with the Official Government Holiday Calendar

Use the government’s or Bank of Thailand’s announced holidays as the base to align with national practices.

Step 2: Select and Announce in Advance

Employers must determine and communicate holidays clearly and in advance (e.g., by posting a notice or sending an internal email).

Step 3: Manage “Overlapping Holidays”

If a traditional holiday falls on a weekend, employees must receive a substitute holiday on the next working day.

Example: New Year’s Day (January 1) falls on Sunday → Employees must get Monday, January 2 off as a substitute.

Step 4: Add Flexibility (Best Practice)

Modern employers often allow employees of different religions to swap official holidays (e.g., taking Christmas instead of a Buddhist holiday). This shows inclusivity and boosts satisfaction.

Q1: Can we give more than 13 holidays?
Yes — and it’s considered a positive benefit that strengthens employee engagement.

Q2: If employees work on a holiday, how is pay calculated?
For monthly-paid employees: Employers must pay an additional 1x of the normal daily wage for holiday work.

Q3: Do probationary or daily-wage employees get these holidays?
Yes, all employees are entitled to traditional holidays equally.

“Traditional holidays” are not optional perks — they are a legal requirement. Employers must provide no fewer than 13 days per year, and Labor Day must always be included.
Planning and announcing holidays in advance not only ensures compliance but also helps build a fair, transparent workplace culture that fosters trust and employee satisfaction. For HR managers and business owners, this is a chance to turn a “legal obligation” into a strategy for employee happiness and retention.

Set up next year’s holiday calendar correctly—once. Use Totem Payroll to configure paid holidays, automate substitute-day rules, and push accurate data straight into payroll. For broader HR readiness, see Sprout’s HR change drivers in Thailand.