On a Friday evening a supervisor posts in the team LINE group: "The quotation file is wrong, please fix it tonight." The employee replies "Sure" and works from home until 9:30 pm. The next day, when she asks for overtime, the supervisor answers: "You just answered a chat, you didn't come to the office." The question comes up more often as instructions move from the workplace to the phone. Both sides should know what the law counts as work and what must be proved.
This guide covers only instructions given by chat outside working hours. For checking how much you are owed and the full collection process, read unpaid wages and overtime. For choosing between the labour inspector and the court, see labour inspector or labour court.
Short answer
An instruction by LINE after work or on a holiday, if it is genuinely the employer's work and the employee carries it out, can be overtime just like a spoken instruction. An employee outside the excluded positions can therefore claim overtime. What decides cases is usually not the statute but the evidence: who instructed, when, how many hours were really worked, and what output resulted.
The law. Section 23 of the Labour Protection Act B.E. 2541 sets normal working hours at not more than 8 hours a day and 48 hours a week in total (work that may harm health: 7 hours a day and 42 a week). Section 24 forbids overtime on a working day unless the employee consents beforehand each time. Section 61 sets overtime pay at not less than 1.5 times, Section 62 sets pay for working on a holiday, and Section 63 sets holiday overtime at not less than 3 times. Sections 65 and 66 exclude certain positions. Section 23/1, added by Labour Protection Act (No. 8) B.E. 2566, deals with work done away from the workplace and the right to refuse contact after hours. Electronic messages can be used as evidence under the Electronic Transactions Act B.E. 2544, sections 7 and 11.
Our practical view. Do not ask "does a LINE reply count?". Ask three questions: was there an instruction or request to work, how long was real work done, and is there output that confirms it. If all three can be answered, the matter usually reduces to a calculation. If the employer stays silent or denies giving the instruction, the chat that is still on your phone is the most important evidence.
Hypothetical example. Pim, a sales coordinator at a furniture shop in Khon Kaen, earns 18,000 baht a month and works 08:30-17:30. At 19:40 on a Friday her supervisor sends a LINE message asking her to fix the quotation file that night. Pim replies "Sure", works 20:00-21:30, and sends the file back with a screenshot. We use this example throughout.
1. When can a boss instruct after hours, and can you refuse?
On a working day (Section 24). The employer may require overtime only with the employee's consent, and the consent must be given "beforehand each time". A clause in the employment contract saying "I agree to overtime whenever the company orders it" is open to challenge as not being per-occasion consent. There are three exceptions: continuous work where stopping would damage the work, emergency work, and other work set by ministerial regulation, in each case only as far as necessary.
On a holiday (Section 25). Holiday work is forbidden except continuous work, emergencies, and businesses the law lists, such as hotels, theatres, transport, food and drink shops, and for production, sale and service as necessary, with the employee's consent beforehand each time.
The right to refuse contact (Section 23/1). Reading the text published by the Ministry of Labour, we summarise as follows. Employer and employee may agree that the employee works at home or through information technology from anywhere. The agreement must be in writing or in electronic data that can be accessed again, and may cover working hours, overtime, the scope of duties and the cost of equipment. When normal working hours end, or the assigned work ends, the employee may refuse communication in any form with the employer or supervisor, unless the employee gave written consent in advance.
Two cautions. First, the section is written for employees working away from the workplace or through technology under an agreement. The wording does not say clearly whether it also applies to ordinary office staff with no such agreement, a point a court may have to decide, so do not claim the right without looking at your facts. Second, the right to refuse contact is separate from the right to be paid. Once an employee does agree to work after hours, overtime under Sections 61 and 63 remains a separate question.
In the example, Pim replied "Sure", which can amount to consent for that occasion, so it is hard for the employer to say she acted without instruction.
2. What are the rates and how are they calculated?
| Situation | Minimum rate | Section |
|---|---|---|
| Overtime on an ordinary working day | 1.5 times the hourly wage | 61 |
| Working on a holiday where the employee is entitled to holiday pay | Not less than 1 additional time the wage | 62(1) |
| Working on a holiday where the employee is not entitled to holiday pay | Not less than 2 times | 62(2) |
| Overtime on a holiday | Not less than 3 times | 63 |
For monthly-paid employees, the hourly wage under Section 68 is monthly pay divided by 30 times the average normal hours per day. The payment deadline is set by Section 70.
Pim's case: 18,000 baht a month, 8 normal hours a day. Hourly wage = 18,000 / (30 x 8) = 75 baht. Overtime of 1.5 hours on a working day = 75 x 1.5 x 1.5 = 168.75 baht. If the same work were done on a holiday and she was entitled to holiday pay, holiday overtime would be at least 75 x 3 x 1.5 = 337.50 baht. These figures only illustrate the formula. The actual wage base depends on whether other regular payments count as wages.
3. Which positions get no overtime, and what do they still get?
Section 65 excludes overtime under Sections 61 and 63 for the following.
- (1) An employee with authority to act for the employer in hiring, rewarding or dismissing.
- (2) Door-to-door sales or solicitation work paid by commission.
- (3) to (9) Train-service work, sluice-gate work, water-level reading, firefighting and public-danger prevention, work done outside the workplace where fixed hours cannot be set, watch duty that is not normal duty, and other work set by regulation.
What they still get. Employees in items (3) to (9) are entitled to money equal to the normal hourly rate for the hours worked. Section 66 says an employee under (1) has no holiday-work pay under Section 62 unless the employer agrees to pay it. Section 65 also allows the employer to agree to pay overtime or holiday overtime, and where the contract or company rules grant it, it must be paid as stated.
The words "supervisor", "manager" or "executive" are not an exception in themselves. A court asks whether the person really had authority to act for the employer in hiring, rewarding or dismissing, not just what the title says. In the example, Pim is a sales coordinator with no power to hire or dismiss, so Section 65(1) does not apply.
4. What evidence works, and what is work versus a quick reply?
A LINE message is electronic data. Section 7 of the Electronic Transactions Act bars denying the legal effect of a message merely because it is electronic. Section 8 treats accessible data whose meaning is unchanged as writing. Section 11 bars a court from refusing to admit electronic data as evidence merely because it is electronic, and has the court weigh its reliability by how it was created, stored and communicated. Good evidence must therefore be complete and unaltered.
| Evidence | What it proves | How to keep it |
|---|---|---|
| LINE instruction | Who instructed, when, what, and any deadline | Screenshot the whole conversation showing name, date, time and the messages before and after, not one line |
| Reply timestamps | When the employee accepted and started | Send an acknowledgement with the start time, and a delivery message with the finish time |
| Output files | The work actually done | Keep the file, file name, edit date/time data and the email sent |
| OT approval | Per-occasion consent and the employer's knowledge | Ask the supervisor to confirm in a message, or use an OT request form |
| Time card, scan system or timesheet | Normal hours, the baseline for what is excess | Ask HR for a copy; if none exists, keep your own daily log |
| Call logs | Phone instructions or after-hours meetings | Screenshot call history and duration, and note what was discussed |
| Work-hours notice and work rules | Normal hours and how to request OT | Keep a copy of the work rules |
What counts as work and what is a quick reply. The law sets no minimum number of minutes, and a court decides on the facts case by case. In general:
- Usually not overtime work: a short acknowledgement such as "Noted", opening a message, or answering a question that takes seconds.
- Usually work: editing a file or preparing a document, answering a customer after looking up information, coordinating with several people, or a long call or meeting giving instructions. Being required to stay on standby to reply at all times depends on the facts and the agreement, case by case.
- Borderline: many short, frequent messages that together take a long time. Note the periods and content so it is clear this was real instruction and work, not general chat.
Do not access anyone else's phone, account or chat to find evidence without authority; that may be unlawful. Use only messages you received or groups you belong to, and ask HR for time records.
5. A written OT-approval message
Send this as soon as you receive an after-hours instruction, so that there is both consent for that occasion and an approval. Adapt the wording to your organisation.
Dear (Supervisor's name),
You asked me on __ at __ to do "____". I am happy to do this work outside normal
working hours, for this occasion only, and estimate it will take __ hours
(from __ to __).
Please confirm in this message that:
1) You approve overtime / holiday work for the task above, and
2) It will be paid as overtime under company rules.
When finished I will send the file and confirm the actual finish time in this chat.
This is polite, does not defy the instruction, and makes the employer accept or decline in writing. If the employer declines, the employee should get advice before deciding whether to do the work, because work done without the employer's instruction or knowledge is harder to claim for.
6. If you are not paid: interest and time limits
- Interest (Section 9). An employer who does not pay overtime, holiday-work pay or holiday overtime by the Section 70 deadline owes default interest at 15% per year.
- Surcharge (Section 9, second paragraph). If the employer intentionally fails to pay without reasonable cause, a surcharge of 15% of the unpaid amount applies for every 7-day period after the first 7 days past the due date. It is separate from interest and applies only to intentional non-payment.
- Time limit. Wage claims fall within the 2-year period under Civil and Commercial Code section 193/34, counted instalment by instalment. If the amount has been outstanding a long time, claim promptly. For how the period is counted and what interrupts it, see the unpaid wages and overtime guide.
To claim, work in this order: collect the evidence in the table above, calculate each occasion, send the employer a written demand, then choose between the labour inspector and a labour court case using the channel guide. If you must go to court for the first time, see the first-time labour court guide. If the employer offers a settlement or lump sum, read checking a lump-sum settlement before you sign first. The result depends on the facts and the court's judgment, and we cannot promise any amount.
7. For HR and employers: after-hours chat policy and approval flow
Letting supervisors give instructions on LINE as they please creates two risks: unpaid overtime you do not know about, and a record that becomes evidence in a dispute. A good policy has these parts.
- Set channels and times. State which channel is used for work instructions, and that after hours it may be used only for the urgent matters listed.
- Pre-approval flow. The supervisor asks, the employee consents for that occasion, HR or the authorised approver approves, and only then does the work start, unless the emergency exception in the second paragraph of Section 24 applies.
- Record actual hours. Use a form or system where the employee enters start and finish times, the supervisor confirms, and the entry goes into payroll in the same cycle.
- Pay at the rates. Check which positions truly fall under Section 65 or 66. Do not exclude a whole group because of a job title.
- Employees working away from the workplace. If there is a Section 23/1 agreement, put it in writing or accessible electronic data, set working hours, overtime and rules for contact after hours. Consent to be contacted must be given in advance and in writing.
- Do not penalise lawful refusal. Lowering an appraisal or transferring someone because they did not answer after-hours chat can become an unfair-treatment dispute.
- Handle data carefully. Time records and work chats contain employees' personal data. See employee data and PDPA for HR.
Have a lawyer review a new policy before it is announced, and keep it consistent with your work rules. See when HR should get a lawyer's review.
8. Checklists
For employees
- Screenshot the conversation showing the instructor, date, time and the clear instruction
- Acknowledge with the start time, and report the finish time when you deliver
- Ask for OT approval in a message (use the sample above)
- Keep files, emails and call history
- Check whether your position really falls under Section 65 or 66
- Calculate the hourly wage and overtime for each occasion
- Back up the evidence off your phone
For HR and employers
- A normal-hours notice and a written after-hours instruction policy
- A pre-approval OT request form and per-occasion consent step
- A system recording actual hours that feeds payroll
- A position-by-position review of who is excluded under Sections 65 and 66
- Section 23/1 agreements for employees working away from the workplace, if any
- Training for supervisors on giving after-hours instructions
Further reading
- Unpaid wages and overtime — checking the amount, the time limit and the demand ladder
- Labour inspector or labour court — choosing a channel
- Labour court for first-timers — preparing before your first hearing
- Checking a lump-sum settlement before signing — when the employer offers to close the matter
- Employee data and PDPA for HR — keeping time records and chats properly
- When HR should get a lawyer's review — before announcing a new policy
A chat instruction is an instruction just like a spoken one. Employees should keep evidence and ask for approval in writing. Employers should have a clear policy and approval flow before a dispute arises.
We help review evidence and calculate overtime, and prepare after-hours instruction policies, OT request forms and work-away-from-workplace agreements that comply with labour law. For an initial consultation, call +66 92 254 2045 or send us the details. See also labour law compliance services and labour services.
This guide is published by Suwanvara Law Firm — a Khon Kaen law firm established in 1986. General information only, not legal advice on a specific matter.
