This article explains general information from public sources so that business owners, HR teams and employees can get a picture of Section 23/1. It is not legal advice, it does not replace reading the Royal Gazette (Thailand's official government journal), and it does not replace advice from a lawyer or a government agency. Every workplace's facts differ. Before using any of this in an agreement or for disciplinary action, have an expert check the wording.
Working From Home for Years, With Not a Single Piece of Paper
Here's a hypothetical. An equipment-import company has let its accounting team work from home since 2020, agreed in a chat group with "stay home whichever days suit you." There is no start or end date, no written working hours, and no clarity on who pays for home internet.
The manager still messages about work at 8 p.m., because they always could. Some employees reply out of politeness. Others don't, and are seen as not proactive. When someone resigns, HR only then starts asking which version of the work-from-home agreement applies.
This confusion isn't fixed first by buying more tools. It starts with knowing what labour protection law says about working off-site.
Which Law Is Section 23/1 In?
The Labour Protection Act (No. 8) B.E. 2566 (2023) added Section 23/1 to the Labour Protection Act B.E. 2541 (1998). According to the unofficial translation by the Office of the Council of State (Thailand's government legal-drafting body), published through ASEAN, the Act states that it takes effect when thirty days have passed from the date of its publication in the Royal Gazette, and it is dated 18 March 2023.
Public Relations Region 2 Office, of the Public Relations Department, summarized that the law took effect on 18 April 2023, and attached the supporting documents to its news item. This article relies on the unofficial translation together with the Public Relations Department's news item. The translation itself states that it has no legal effect and that the Thai text in the Royal Gazette is authoritative. Before using any wording as a company agreement, read that text directly.
What Can an Off-Site Work Agreement Say?
According to the unofficial translation, an employer and employee may agree that the employee takes work that can conveniently be done outside the establishment or office, to do at the employee's home or residence, or works through information technology from any place. This is for the benefit of running the business, for the quality of life and work of the employee, or in cases of necessity.
The agreement is to be made in writing, in the form of electronic data that can be accessed and used for later reference with its meaning unchanged, and may specify the following details.
- The start and end dates of the agreement
- Working days, normal working hours, rest periods and overtime
- Rules for overtime and work on holidays, including types of leave
- The employee's scope of work, and control or supervision by the employer
- Duties for providing tools or equipment, including expenses necessary because of the work
The words "may specify" in the translation matter: this list is details that can be agreed and included. Don't take from this article that every company must have all five items worded in one standard form. An expert can help you decide which items your business should spell out.
The Right to Refuse Contact After Working Hours
Public Relations Region 2 Office summarized that once the agreed normal working hours end, an employee has the right to refuse communication by any means with the employer, supervisor, work controller or work inspector, unless the employee has given consent in writing in advance.
The unofficial translation words it as the employee having the right to disconnect when the agreed normal working hours end, or when the assigned task is finished, unless consent was given beforehand. It does not include the words "in writing" in this sentence, as the Public Relations Department's news item does. If the two sources don't match word for word, rely on the Thai text in the Royal Gazette and have an expert read it alongside. Don't pick the version you prefer from this article.
What you can use to set chat rules without waiting for a court ruling: messaging about work after hours, on any channel, shouldn't be treated as something normal that employees have to put up with. Group chat rules that take this right away don't make an employer safe. Practices for after-hours messages are in work chat over LINE (LINE is a popular messaging app in Thailand).
People Who Work Off-Site Have Rights No Lesser Than Those in the Office
The Public Relations Department's news item and the unofficial translation agree in substance that an employee who works at home, at a residence, or through information technology has the same rights as an employee who works at the establishment or office. Allowing work from home is therefore not a way to reduce protections that labour law already provides.
A hybrid policy that gives a number of days but says nothing about hours, equipment and after-hours rights is not as complete as an agreement under this section. For policy design, read hybrid work.
Tools Can Help You Keep to the Agreed Hours, but They Don't Make You Compliant
Zyra World shows when people enter and leave the office on a screen the team sees together, and keeps work channels separate from personal chat such as LINE. Seeing that work has closed for the day makes it harder to message about non-urgent matters after the agreed time, and gives the working hours written in an agreement a matching place in everyday life.
Using Zyra does not automatically make a company compliant with Section 23/1. No software replaces an agreement, written consent or an expert's review. Software only helps with clarity about time and channels.
An overview of this space is in online office. Setting up a toolset for a small team is covered in remote work tools for SMEs.
A Google Meet Is Not an Agreement
Scheduling work on Google Meet is a piece of work, not the agreement under Section 23/1. Meet still works well for meetings with an agenda, both with your team and with outsiders. A meeting record doesn't replace the agreement document the law refers to.
If you want tools to help with working hours, separate two layers. The legal layer is an agreement that an expert has reviewed. The day-to-day layer is a workplace where you can see when it is working time. Zyra sits in the second layer and can be used alongside Meet.
Before You Announce the Next WFH Policy
Gather what you currently agree by: chat group messages, email, or nothing at all. Then take it to an expert in labour law to review alongside the text in the Royal Gazette. Don't copy the five items from this article into a contract.
In the meantime, a team can set up clear work channels and closing times in the browser with Zyra. Teams of up to 25 can start free. Starting this way has nothing to do with certifying that a company is legally compliant.
Start Using Zyra Free for Teams of up to 25
Frequently Asked Questions
Does Section 23/1 require every company to allow work from home?
According to the unofficial translation, it allows agreements for work that can conveniently be done off-site, for the benefit of the business, quality of life, or necessity. It does not say that every position must work from home. Read the text and ask an expert before concluding which positions qualify.
Does the agreement have to be on paper?
The unofficial translation says it is made in writing in the form of electronic data that can be referenced later with its meaning unchanged. The format your company should use is for an expert to decide, not this article.
Can I message about work after hours in chat?
The Public Relations Department's news item states the right to refuse contact after normal working hours, unless there is prior written consent. There are exceptions and details in the text that require reading the whole section. Don't use this short answer as company policy.
Do employees working from home get overtime pay and leave like those in the office?
The substance from the cited sources is that they have the same rights as employees who work at the establishment. How overtime and leave are calculated for a given position must be checked in the text together with the agreement, not from a summary article.
Does using Zyra mean we've complied with the law?
No. Having an online office does not replace an agreement, and it is not certification of legal compliance.
Try Zyra with your team
Free for up to 25 members. It runs in your browser, so there is nothing to install.