Labor Litigation in Thailand


Employers and Employees are in an adversarial relationship since the old time. When both parties cannot reach an agreement, usually an employee will file a lawsuit to improve conditions of employment. As we mentioned before in the article “Introduction of Different Types of Courts in Thailand”, labor court is the first instance court handling labor dispute. Therefore, what are basic concepts when filing a lawsuit in labor court in Thailand?



According to Act on the Establishment of and Procedure for Labor Court, B.E. 2522 (1979), following is procedure for labor cases in labor court:



1. The filing of a plaint as well as any proceedings conducted in the labor court shall be exempted from court costs.[1] 

  勞工向勞動法院起訴、 以及訴訟過程豁免支付任何費用。

2. A labor plaint shall be filed with the labor court within the territorial jurisdiction of which the cause of action arose.[2]


3. The plaintiff may either file a written plaint or state his claim orally before the court. If the plaintiff states his claim orally, the court shall be empowered to make investigation as necessary in the interest of justice, then make a memorandum of such claim and shall have it read out to, and signed by the plaintiff.[3]

     原告可以以書面或者是口頭方式向勞工法院起訴。如果是口頭起訴,法院可做必要的調查、將原告之指控紀錄下來, 並且請求原告宣讀並簽名。

4. The employers or the employees may authorize an employers' association or a labor union of which they are members or a competent official who is empowered to take legal action under the law governing the labor protection or the law governing the labor relations to represent them in the proceedings.[4]

     雇主跟員工可以依據《泰國勞工保護法》或《泰國勞動關係法》 分別將其代理權授權他們隸屬的雇主組織 和工會組織。

5. If the plaintiff who is aware of the order requiring him to appear in court under Section 37, fails to appear without notifying the labor court of the reason of his non-appearance, it shall be deemed that the plaintiff has no intention to proceed with the case.[5]

  如原告未依據第 37條規定出庭且沒有告知未出庭的理由,勞工法院可視為原告無繼續訴訟的意願。

6. In the dismissal case, if the labor court thinks the dismissal is unfair, it shall order the employer to reinstate the employee at the same level of wage at the time of dismissal.

    However, if the labor court thinks that such employee and employer cannot work together, it shall fix the amount of compensation to be paid by the employer which the labor court shall take into consideration the age of the employee, the working period of the employee, the employee's hardship when dismissed, the cause of dismissal and the compensation the employee is entitled to receive.[6]



7. Subject to the provisions of this Act or other legislations, only the question of law in the judgment or order of the labor court can be appealed and the appeal shall lie with Supreme Court within fifteen days from the date of its pronouncement.[7]

   如果對勞工法院的判決不服 ,任一方可以針對判決的法律問題在判決宣讀後15天內向泰國最高法院上訴。

8. The Supreme Court shall promptly consider the labor case and give judgment or order. In considering the case, the Supreme Court shall rely on the facts established in the labor court. But, if the facts are not sufficient, the Supreme Court shall order the labor court to hear further facts and then return the file to the Supreme Court without delay.[8]



Please do not hesitate to contact us if you are considering filing a lawsuit in Thailand


IBC International Business Consultancy is a law and accounting firm located in Bangkok, Thailand with experienced lawyers, accountants, and financial advisers. We provide services including investment, tax and legal advice in Thailand.


IBC泰國法律金融會計事務所 (International Business Consultancy) 為一間位於曼谷的泰國事務所,由經驗豐富的律師、會計師、及財務顧問組成,可提供泰國投資、泰國稅收及泰國法律諮詢等服務。



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[1] Act on the Establishment of and Procedure of Labor Court, B.E. 2522 (1979), Section 27.

[2] Ibid, Section 33. 

[3] Act on the Establishment of and Procedure of Labor Court, B.E. 2522 (1979), Section 35.

[4] Ibid, Section 36.

[5] Ibid, Section 40.

[6] Ibid, Section 49.

[7] Act on the Establishment of and Procedure of Labor Court, B.E. 2522 (1979), Section 54.

[8] Ibid, Section 56.

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