By Thailand’s Labour Ministry is pushing a draft labour law that would introduce menstrual leave, family care leave, more annual leave and anti-discrimination protections for private-sector employees, according to The Thaiger. Labour Minister Julapun Amornvivat set out the plan in a social media post on November 8, arguing that workers are not simply a factor of production but people with families who deserve protection with dignity.
The draft is separate from the Labour Protection Act (No.9), which took effect in December last year and raised maternity leave from 98 to 120 days while giving spouses up to 15 days of paid parental leave. The ministry ran a first round of public hearings from September 14 to October 14 and is preparing a second round before the draft goes to Cabinet. Julapun has not published the results of the first hearings or the dates of the second round, and no timetable has been given beyond submission to Cabinet.
What the draft would change for employers
The current Labour Protection Act guarantees at least six working days of paid annual leave after one year of continuous service. The minister has not said how many days of annual, menstrual or family care leave the draft would grant, so employers cannot yet calculate the cost of the changes.
The draft would also require employers to provide a suitable place for breastfeeding and give new mothers at least two breaks a day, each of at least 30 minutes, to feed or express milk. These provisions would apply to private-sector employees in Thailand, including foreign employees working legally on work permits.
The anti-discrimination protections would cover origin, race, sex, age, physical condition, religious belief and political opinion. This is a significant expansion for Thai labour law, which has historically focused on minimum standards for wages, hours and termination rather than equality provisions.
Where the draft sits in the legislative process
The draft is not yet law and has several steps to clear before it could take effect. The ministry is preparing a second round of public hearings, after which it plans to collect all feedback and submit the draft to the Cabinet. There is no published timetable beyond that point.
The People’s Party list MP Sia Jampathong and the Thai Textile, Garment and Leather Industry Labour Federation asked the Cabinet on May 6 to revive two stalled People’s Party labour bills. The ministry’s draft appears to be a separate initiative, but the overlap suggests political pressure from multiple directions to expand leave rights.
Employers should treat the draft as an early signal rather than a compliance deadline. HR teams in Thailand should monitor the Labour Ministry’s announcements for the second hearing dates and any published draft text, which would clarify the number of leave days and whether menstrual leave would be paid or unpaid.
Practical questions HR teams should ask now
Because the minister has not specified the number of days for menstrual, family care or additional annual leave, HR and payroll teams cannot yet model the financial impact. The key unknowns are whether menstrual leave would be paid or unpaid, whether it would require medical certification, and whether it would be available to all employees or only those who request it.
The breastfeeding provisions are more concrete. Employers would need to assess their facilities and determine whether a suitable private space exists or must be created. The two daily breaks of at least 30 minutes each would need to be built into shift schedules and time-tracking systems.
For foreign employees on work permits, the additional annual leave and anti-discrimination protections could affect employment contracts and handbook policies. Employers should review current leave policies against the existing Labour Protection Act baseline and identify where a policy update would be needed if the draft becomes law.
What to watch in the coming months
The second round of public hearings is the next milestone. Employers and industry groups can participate in those hearings, which is the main channel for raising concerns about cost, administrative burden or practical implementation.
The draft’s path through Cabinet and any subsequent parliamentary process will determine timing. Thai labour law changes have historically taken months or years from draft to enforcement, and the Labour Protection Act (No.9) provides a recent example of how amendments move through the system.
Until the ministry publishes the draft text and hearing results, employers should avoid making policy changes based on speculation. The safest approach is to document current leave practices, identify gaps against the existing law, and prepare internal stakeholders for possible changes without committing to specific new benefits before the law is final.
| Provision | Current law | Draft proposal |
|---|---|---|
| Annual leave | At least 6 working days after one year | More days, amount unspecified |
| Menstrual leave | None | Would be introduced, days unspecified |
| Family care leave | None | Would be introduced, days unspecified |
| Maternity leave | 120 days (since December) | No change stated |
| Breastfeeding breaks | Not specified | At least 2 breaks of 30 minutes daily |
The draft also includes anti-discrimination protections that go beyond leave. Employers would need to review hiring, promotion and termination practices for any basis that could be challenged under the new categories, particularly origin and race, which are not currently addressed in the Labour Protection Act.
HR teams should confirm the current legal position with Thai legal counsel before making changes, as the draft text has not been published and the final law may differ from the minister’s announcement.
Sources: The Thaiger
Photo: Paternity Leave Marked On Calendar by CIPHR Connect, CC BY 2.0
