This information is for reference only and is not legal advice. Consult a licensed lawyer before any transaction.
Labour Relations Act B.E. 2518 (1975)
Labour Relations Act B.E. 2518 (1975)
The information is reviewed and updated monthly against official sources.
In short
Governs collective relations: unions, demands, disputes, strikes and lockouts, and bans unfair practices. The framework if you hire or work under a Thai contract.
Sections 10-12: Agreement on conditions of employment
A workplace with twenty or more employees must have a written agreement on conditions of employment. That agreement should cover the conditions of work, working days and hours, wages, welfare, termination of employment, the procedure for employee petitions, and how the agreement is amended or renewed. Its term may not exceed three years; if no term is stated, the agreement is deemed valid for one year, and after it lapses it is treated as continuing on the same terms until a new one is made.
Sections 13-16: Submitting a demand to change conditions of employment
Either the employer or the employees may seek to change the conditions of employment by submitting a written demand to the other side. An employee demand must be supported by the names and signatures of at least fifteen per cent of the employees concerned, and a party may appoint representatives (within the statutory limit) to negotiate on its behalf. Once a demand is received, the two sides must begin negotiations within three days. If they reach agreement, it is put in writing, signed, registered with the authorities and posted at the workplace.
Sections 21-26: Conciliation, arbitration and the Labour Relations Committee
If negotiations fail, or do not start in time, the matter becomes a labour dispute and the party must notify a conciliation officer, who must try to settle it within a short statutory period (five days, which may be extended). If conciliation fails, the two sides may agree to appoint one or more labour dispute arbitrators. In essential activities and services the dispute may instead be referred to the Labour Relations Committee for a binding award, which it must issue within the period fixed by the Act. An arbitrator's or Committee award is binding for the period stated, normally at least one year.
Sections 31, 34: Strikes, lockouts and protection during a dispute
A strike or lockout is lawful only after the demand procedure has been exhausted and conciliation has failed, and only after at least twenty-four hours written notice has been given to the other side and the conciliation officer. Strikes and lockouts are prohibited in certain essential services, and the authorities can order a return to work in cases that affect the national economy or public order. While a demand is under negotiation, conciliation or an award, the employer may not dismiss or transfer the employees or representatives involved, except for serious cause such as dishonesty, an intentional criminal act against the employer, wilful damage, a serious breach of work rules after a written warning, or abandoning work for three consecutive days without good reason.
Sections 45-53: Employee committees
Employees in a workplace with fifty or more employees may set up an employee committee. The employer must meet the committee at least once every three months, or sooner if the committee gives good reason, to discuss welfare, work rules, grievances and ways to improve conditions at the workplace. A member of an employee committee may not be dismissed, transferred or otherwise punished without prior permission from the Labour Court, which protects committee members from retaliation.
Sections 86-89: Labour unions and employer associations
Employees may form a labour union, and employers an employers' association, to acquire and protect interests connected with conditions of employment and to promote good relations between employers and employees. A union is established by at least ten employees who submit draft regulations to the Registrar and obtain registration, which gives the union legal personality. Only employees of the same employer or in the same type of work may join a given union, and registered unions and associations may further combine into federations and congresses.
Sections 121-123: Unfair labour practices
An employer may not dismiss or otherwise act against an employee, representative, committee member or union official because that person took part in lawful union activity, called a meeting, filed a complaint, gave evidence, submitted a demand or joined negotiations. Forcing an employee not to join a union, interfering with a union, or refusing to deal with a lawful representative are also prohibited unfair labour practices. A person who suffers an unfair labour practice may complain to the Labour Relations Committee within sixty days, and the Committee can order reinstatement, payment of damages or other relief.