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Can a labour registrar legally allow the setting up of or dissolution of a trade union?

Very few employers welcome the idea of having a trade union organised on their doorstep. Yet, it is a universal human right that is clearly stated in the constitution of every country and in line with the International Labour Organisation's (ILO) Convention No 87.

However, Thailand never ratified ILO Convention No 87. Rather than having employees freely form or join trade unions of their choosing, Thailand defined the right to organise a trade union in Section 86 of the Labour Relation Act of 1975, which states: "A trade union can be set up by virtue of the provision of this law."

The law requires 10 employees of the same employer to co-sponsor an application for registration of a trade union or company-based union. Ten employees from different employers in the same type of business may also come together to form an industry-based union.

Last December 19, the labour registrar, who is also the director-general of labour protection and welfare, was satisfied with everything submitted in support of a registration of a new trade union and granted it a union certificate. The union moved in compliance with the law, calling its first general meeting and electing a 21-person union committee.

On July 29, the same labour registrar signed an order abruptly disbanding the trade union. He passed a new rule that the 13 people he had earlier approved as lawful founders and members of the union were not eligible to be members. Rather than leave the matter with the remaining members of the union board to call a general meeting to elect a new committee, the labour registrar ordered the revocation of the union licence.

At about the same time, on August 4, the company ordered the dismissal of the entire union committee, including the 13, whom the registrar found to be from the management level and eight other non-supervisory employees. The management alleged that the 21 employees had persuaded others not to work overtime. Twenty other technicians were also sacked the same day. The unprecedented speed of the bureaucracy and the dismissal action appeared to suggest a conspiracy of sorts.

Once it is set up, a trade union can be legally disbanded by a general meeting, a resolution by majority vote to disband itself or order of the labour registrar.

In the case of the Electronics and Electrical Workers' Relation Union, the registrar should have ordered a re-election of the union committee and not disbanded it on the contestable issue of membership eligibility. The union leaders affected should sue the labour registrar in the Administrative Court for his allegedly biased order.