In Thailand, the Labor Court has both exclusive and limited subject matter jurisdiction over disputes between employers or employees and other matters related to labor law. According to Section 8 of the Act on the Establishment and Procedure of the Labor Court of B.E. 2522 (1979) (“the Act”) the Labor Court has jurisdiction over such matters as disputes over rights and duties according to an employment agreement or an agreement regarding employment conditions, disputes over rights and duties arising from the Labor Protection Act of B.E. 2541 (1998) or the Labor Relations Act B.E. 2518 (1975), or appeals of administrative decisions, such as those by the Labor Relations Committee. Section 8(5) allows the Labor Court jurisdiction over wrongful acts (as defined in Section 420 of the Civil and Commercial Code and which would normally be within the jurisdiction of the Civil Court) if such acts relate to the employment relationship. However, the jurisdiction of the Labor Court is often disputed by the parties and is not always clear. A few examples are as follows:
It should also be explained that according to Section 9 of the Act, the judgment of the Chief Justice of the Labor Court is considered final. In any case, Thai labor law is complex. Therefore, both employers and employees must always consult with competent legal counsel when dealing with disputes relating to an employment relationship.
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