Page 101 - Introduction to Investment Laws in Thailand

Step 3: In case the negotiation and conciliation failed, the law
considers that there is an unresolved labour dispute. There are three
options.
First option, the employer and the employee may nominate a labour
arbitrator to decide labour dispute. The labour arbitrator will ask both
parties to make their arguments and investigate the evidence. The
arbitrator will issue the order which is binding for both parties. The
violation of the order entails the imprisonment and/or fines.

Second option, the employer may refuse to allow the employees to
work, or the employees may go on strike without violating the law.

Another option is for a party to go directly to the Labour Court. The
Labour Court which is a special court concerning employment-related
disputes and is comprised of three judges: one professional judge and two
associate judges. The Labour Court has jurisdiction over the followings:
o Employment contracts.
o Wrongful act between employers and employees in
connection with a labour dispute or in connection with the
performance of work under an employment agreement.
o Appeal against a decision of a member of the Labour
Relations committee or the Minister of the Interior (in case
the disputes concerning employment contract or wrongful act
between employers and employees were first submitted to
the Labour Relations Committee or the Minister of the
Interior).

The Labour Court may award the remedies to the employee as
followed:

o unpaid salary
o unpaid holiday pay
o payment in lieu of notice
o severance pay
o unfair dismissal compensation

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