Labor Litigation in Thailand.
Overview of Labor Laws in Thailand
In Thailand, several labor laws govern labor litigation, the largest being the 'Labor Protection Act,' the Civil and Commercial Code, the 'Labour Relations Act,' the 'Social Security Act,' and the 'Workers' Compensation Act.' Foreign workers in Thailand are also subject to the "Foreign Workers Act" of 2008. The Ministry of Labour and Social Security enacts laws regarding labor issues through the Department of Labour Protection and Welfare. These laws list the minimum rights of workers, such as working hours, compensation, work restrictions, socio-cultural funding, allowable leave, and sick leave.
Grounds for Employee Dismissal
These labor laws also stipulate the grounds for the dismissal of employees and the provision of severance pay for employees. Employees who feel their fundamental rights have been violated can take legal action against their employer. The most common case of employment disputes is unlawful dismissal or redundancy.
Resolution of Employment Disputes
In the case of an unlawful dismissal or redundancy, the employee should bring their complaints to the Labour Relations Committee. The Committee will first attempt to find an amicable solution between the employer and employee. The Committee may recommend legal action if a compromise cannot be reached.
Employment Disputes Under Criminal Law
In some cases, an employment dispute can be brought under criminal law, such as in the case of fraud. If the court finds the dismissal unlawful, it may issue a reinstatement order. If reinstatement is not possible, the court may award monetary compensation to the employee, limited to actual damages only.
Moral Damages in Employment Cases
Moral damages caused by emotional and psychological pain are not commonly awarded in the Thai court system. However, recent decisions in Thai courts are changing this. If the injured party can justify moral damages, it may be possible to recover them in favor of the dismissed employee. Please consult a legal expert for more detailed advice on employment law issues.