Thailand Moves To Expand Labor Court Jurisdiction Over Criminal Labor Offenses

Thailand’s cabinet has approved two draft amendments aimed at improving labor-related judicial proceedings. The proposed amendments to the Act on the Establishment of Labor Courts and Labor Case Procedure B.E. 2522 (1979) and the Act on Procedures for Human Trafficking Cases B.E. 2559 (2016) are intended to make the process more efficient, appropriate, and fair.

Key elements of these proposed amendments are outlined below.

Expansion of Labor Court Jurisdiction

Under the current framework, labor courts generally hear labor disputes, while criminal offenses under labor laws are handled separately. Matters involving both labor and criminal issues may therefore require the parties to pursue proceedings before different courts.

To address this, the proposed amendments would expand the jurisdiction of labor courts to cover certain criminal offenses under labor laws. The government states that the change is intended to allow related issues to be heard by judges with expertise in labor law and to reduce the need for parallel proceedings.

The proposed amendments also set out the following rules for cases involving multiple offenses. Where a single act gives rise to multiple offenses and at least one of those offenses falls within the jurisdiction of the labor court, the labor court may hear the related offenses as part of the same case. Where multiple connected acts give rise to different offenses, the labor court may hear the matters together or transfer part of the case to the appropriate court, taking into account convenience and the interests of justice.

Criminal Offenses Covered

The proposed amendments would extend labor court jurisdiction to criminal offenses under 11 labor-related laws, including laws concerning:

• Home workers protection
• Labor protection
• Labor protection in fisheries work
• Employment and job-seeker protection
• Management of foreign workers
• Social security
• Occupational safety, health, and working environment
• Compensation
• Maritime labor
• State enterprise labor relations
• Labor relations

The labor court’s jurisdiction could also be expanded to cover additional labor-related laws as prescribed by royal decree. Cases falling within the jurisdiction of the juvenile and family courts would remain outside the labor court’s jurisdiction.

Criminal Procedure and Appeals

The proposed amendments also address procedural matters. Criminal proceedings before labor courts would follow the Criminal Procedure Code or the law governing district courts and criminal procedure in district courts, as applicable. Appeals against criminal judgments or orders issued by labor courts would be filed with the Court of Appeal for Specialized Cases.

In addition, procedural rules adopted for labor court proceedings must not diminish the rights of criminal defendants below the level of protection provided by law.

Human Trafficking Cases

The proposed amendments expressly exclude human trafficking cases from the labor court’s jurisdiction, even where such cases involve allegations relating to forced labor or services.

Transitional Provision

Criminal cases already pending before the effective date of the new legislation would remain under the jurisdiction of the court currently hearing them until final judgment, ensuring that ongoing proceedings are not disrupted.

Legislative Process

The two draft bills will next proceed through the legislative process for further consideration. Interested parties should monitor developments as the bills advance.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.