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Thailand - Avenues for redress (penalties, remedies) and litigation procedure for individual complaints

Avenues for redress (penalties, remedies) and litigation procedure for individual complaints - Thailand - 2019    

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Compensation for unfair dismissal - free determination by court: Yes

  • Art. 49 ALC: If the labour court rules that the dismissal was unfair but considers that the cooperation between employer and employee has been disrupted beyond repair, the court may fix an amount of damages as compensation to be paid by the employer in lieu of reinstatement by taking into consideration the age of the employee, the length of service, the hardship of the employee at the time of dismissal, the cause of the dismissal and the compensation the employee is entitled to receive.

Reinstatement available: Yes

  • Art. 49 ALC: If the labour court considers that an employee has been unfairly dismissed, it may order reinstatement at the level of remuneration applying at the time of dismissal.

Preliminary mandatory conciliation: Yes

  • Art. 38 ALC provides that "when the plaintiff and the defendant appear in court, the labor court shall mediate the parties to reach an agreement or a compromise". If the parties fail to reach an agreement or a compromise, the labor court shall proceed with the trial.

Competent court(s) / tribunal(s): labour court; administrative body

  • - Disputes regarding termination of employment must be brought before a labour court (see arts. 8 and 49 ALC)
    - However, if an employee was dismissed following an unfair practice (i.e termination on the grounds of trade union activities or membership), he may file a complaint with the Labour Relations Committee within 60 days of the violation (art. 124 LRA). This Committee will issue an award and an order within a further 90 days, The employee can also file a criminal complaint against the employer, but only after the Labour Relations Committee has passed an arbitration award and the employer has failed to comply with the Committee's order. (art. 127, LRA). An employer who violates the prohibition of termination of employment contained in the LRA (art. 121, 122 and 123 LRA on unfair practices) shall be liable to a term of imprisonment not exceeding 6 months and/or to a fine not exceeding ten thousands Baths (see arts. 158 and 159 LRA)
    [The Labour Relations Committee is established within the Ministry of Labour and Social Welfare (art. 8, LRA) to settle particular labour disputes with an award. It is composed of between eight and 14 members, three of whom must be employers' representatives and three employees' representatives (art. 37, LRA).]

Existing arbitration: No

  • No information found.