Labour Law Q&A

Which type of work disruption is lawful and which is not? Can an employer lawfully terminate employment of personnel who take part in unlawful work stoppage?

Work disruption may be initiated by employer as well as by employee, alone, or together.

Employers are free to lawfully stop employees from working as long as wages are paid. They consider this the management's right, which in Thailand can be abused and termed as partial lockout.

A lawful lockout should be total and take place after carrying out all procedures stated in the Labour Relation Act BE2518, which include negotiating the demands, reconciliation of the dispute by a labour inspector and serving a 24-hour notice.

A lawful disruption of work by an individual employee comes in the form of authorised leave. Unauthorised leave is unlawful disruption of work and is subject to disciplinary action. It is also deemed a breach of contract.

Attempt to disrupt work of other workers is also subject to disciplinary action.

Employees, with or without the urging of the union, acting in combination to stop work is deemed a strike. The action is lawful if the collective bargaining procedures have been exhausted and an advance notice of no less than 24 hours has been served.

No wages are paid during the lawful lockout or a strike.

An unlawful lockout is subject to the labour minister's order of reopening the premises and paying of wages.

An unlawful strike is subject to a "return to work" order from the labour minister and disciplinary action by the employer, and can amount to dismissal if a striking worker neglects his work for three full days. An employer may also sue for damages.

The point in question is whether an action, lawful or otherwise, is a reaction to something we call a contributing fault.

For instance, workers at a factory struck work in protest against non-payment of wages, or a breach of agreement.

Workers at another factory returned to work after an unlawful work stoppage after the employer promised not to take any disciplinary action. The management then dismissed a few ringleaders, which prompted a total strike. The employer was told to readmit them or pay severance. In this case, the contributing fault of the employer was the cause for work stoppage.