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State Enterprise Labor Relations Act

DISCLAIMER:
THIS TEXT HAS BEEN PROVIDED FOR EDUCATIONAL/ COMPREHENSION PURPOSES AND
CONTAINS NO LEGAL AUTHORITY. THE OFFICE OF THE COUN CIL OF STATE SHALL ASSUME NO
RESPONSIBILITY FOR ANY LIABILITIES ARISING FROM THE USE AND/OR REFERENCE OF THIS TEXT. THE
ORIGINAL THAI TEXT AS FORMALLY ADOPTED AND PUBLISHE D SHALL IN ALL EVENTS REMAIN THE
SOLE AUTHORITY HAVING LEGAL FORCE.

Unofficial Translation
STATE ENTERPRISE LABOUR RELATIONS ACT, B.E. 2543 (2000)
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BHUMIBOL ADULYADEJ, REX.
Given on the 23
rd Day of March B.E. 2543;
Being the 55
th Year of the Present Reign.
His Majesty King Bhumibol Adulyadej is graciously p leased to proclaim
that: Whereas it is expedient to revise the law on State Enterprise Labour
Relations; Be it, therefore, enacted by the King, by and with the advice and consent
of the National Assembly, as follows:

Section 1. This Act is called the “State Enterprise Labour Re lations Act,
B.E. 2543 (2000)”.

Section 2.
2 This Act shall come into force as from the day fol lowing the
date of its publication in the Government Gazette.

Section 3. The State Enterprise Personnel Relations Act, B.E. 2534 (1991)
shall be repealed.

1 Translated by Ms. Vipatboon Klaosoontorn under con tract for the Office of the
Council of State of Thailand's Law for ASEAN projec t.- Initial version- pending review and approval.
2 Published in the Government Gazette Vol. 117, Part 31a, page 1, dated 7 th April
B.E. 2543.

2

DISCLAIMER: THIS TEXT HAS BEEN PROVIDED FOR EDUCATIONAL/ COMPREHENSION PURPOSES AND
CONTAINS NO LEGAL AUTHORITY. THE OFFICE OF THE COUN CIL OF STATE SHALL ASSUME NO
RESPONSIBILITY FOR ANY LIABILITIES ARISING FROM THE USE AND/OR REFERENCE OF THIS TEXT. THE
ORIGINAL THAI TEXT AS FORMALLY ADOPTED AND PUBLISHE D SHALL IN ALL EVENTS REMAIN THE
SOLE AUTHORITY HAVING LEGAL FORCE.

Section 4. This Act is a law which contains certain provision s in relation to
the restriction of liberty of dwelling and the rest riction of liberty in forming an
association, a union, a federation, a cooperative, a farmer group, a private organisation,
or any other groups, and is enacted by virtue of se ction 35 and section 45 of the
Constitution of the Kingdom of Thailand.
Section 5. This Act shall not apply to the State enterprise a s prescribed
in the Royal Decree. All State enterprises shall be subject to this Act, regardless of what the
law establishing such State enterprise or the relev ant law has prescribed, except the
State enterprise prescribed in the Royal Decree und er paragraph one.

Section 6. In this Act:
“State enterprise” means–
(1) a Government organisation under the law on establis hment of
Government organisation or an undertaking of the St ate under the law establishing such
undertaking and shall include a business organisat ion owned by the State;
(2) a company or juristic partnership in which aministr y, a sub-ministry, a
department, or a political agency ascribed the equi valent status or a State enterprise
under (1) aggregately holds more than fifty per cen t of the capital;
“employee” means a person who agrees to work for th e employer in
return for receipt of wages; “employer” means a State enterprise which agrees to accept the
employee to work in return for payment of wages, an d shall include the person with the
authority to act on behalf of the State enterprise or any person entrusted by the person
with the authority to act on behalf of the State en terprise;
“management” means an employee at the commander lev el who has
the power to hire, terminate employment, increase t he wages, deduct the wages or
reduce the wages; “employment conditions” means rules and conditions of employment or
work, working day and time, wages, welfare, termina tion of employment or other
benefits of employer or employee which are related to employment or work;

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DISCLAIMER: THIS TEXT HAS BEEN PROVIDED FOR EDUCATIONAL/ COMPREHENSION PURPOSES AND
CONTAINS NO LEGAL AUTHORITY. THE OFFICE OF THE COUN CIL OF STATE SHALL ASSUME NO
RESPONSIBILITY FOR ANY LIABILITIES ARISING FROM THE USE AND/OR REFERENCE OF THIS TEXT. THE
ORIGINAL THAI TEXT AS FORMALLY ADOPTED AND PUBLISHE D SHALL IN ALL EVENTS REMAIN THE
SOLE AUTHORITY HAVING LEGAL FORCE.

“agreement relating to employment conditions” means an agreement
between an employer and a labour union under this A ct;
“labour dispute” means a conflict between an employ er and an
employee which is related to the employment conditi ons;
“lockout” means an act that the employer refuses to permit the
employee to work temporarily due to a labour disput e;
“strike” means an act that employees collectively r efuse to work, delay
their work or take work-to-rule action in order to halt or slow down, in part or in whole,
the operation of the State enterprise;
“labour union” means a labour union of a State ente rprise formed under
this Act; “labour federation” means a labour federation of a State enterprise
formed under this Act; “Committee” means the State Enterprise Labour Relat ions Committee;
“Registrar” means the Director-General of the Depar tment of Labour
Protection and Welfare or the person entrusted by t he Director-General;
“labour dispute conciliation official” means a pers on appointed by the
Minister to perform the acts under this Act;
“competent official” means a person appointed by th e Minister to
perform the acts under this Act; “Minister” means the Minister having charge and con trol of the execution
of this Act.
Section 7. The Minister of Labour shall have charge and contr ol of the
execution of this Act and shall have the power to a ppoint the labour dispute
conciliation official and competent official to per form the acts under this Act.
The appointment under paragraph one shall be publis hed in the
Government Gazette. CHAPTER I
STATE ENTERPRISE LABOUR RELATIONS COMMITTEE

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DISCLAIMER: THIS TEXT HAS BEEN PROVIDED FOR EDUCATIONAL/ COMPREHENSION PURPOSES AND
CONTAINS NO LEGAL AUTHORITY. THE OFFICE OF THE COUN CIL OF STATE SHALL ASSUME NO
RESPONSIBILITY FOR ANY LIABILITIES ARISING FROM THE USE AND/OR REFERENCE OF THIS TEXT. THE
ORIGINAL THAI TEXT AS FORMALLY ADOPTED AND PUBLISHE D SHALL IN ALL EVENTS REMAIN THE
SOLE AUTHORITY HAVING LEGAL FORCE.

Section 8. There shall be a committee called the “State Enter prise
Labour Relations Committee” consisting of the Minis ter as the Chairperson, the
Permanent Secretary of the Ministry of Labour, the Secretary-General of the National
Economic and Social Development Board, the Director of the State Enterprise Policy
Office as ex officio members, and other members appointed by the Minist er which are
five persons appointed from the employer side and f ive persons appointed from the
employee side; the Director-General of the Departme nt of Labour Protection and
Welfare shall be a member and secretary. The employer side under paragraph one means the gov ernor, the
director, the managing director or any person who h olds a position with similar powers
and duties but is called differently in the State e nterprise.
The employee side under paragraph one shall be appo inted from the
persons elected amongst the presidents of labour un ions. The election shall be in
accordance with the Rules prescribed by the Ministe r and published in the Government
Gazette.
Section 9. A member of the Committee appointed by the Ministe r shall
hold office for a term of two years. A member who v acates the office may be
reappointed.

Section 10. In addition to vacating office on the expiration o f the term
under section 9, a member appointed by the Minister vacates office upon:
(1) death;
(2) resignation;
(3) being dismissed by the Minister due to acting in contravention of or
failing to comply with this Act, or committing an o ffence under this Act;
(4) no longer being an employer or a president of a labour union, as the
case may be;
(5) being bankrupt;
(6) being an incompetent person or a quasi-incomp etent person;

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DISCLAIMER: THIS TEXT HAS BEEN PROVIDED FOR EDUCATIONAL/ COMPREHENSION PURPOSES AND
CONTAINS NO LEGAL AUTHORITY. THE OFFICE OF THE COUN CIL OF STATE SHALL ASSUME NO
RESPONSIBILITY FOR ANY LIABILITIES ARISING FROM THE USE AND/OR REFERENCE OF THIS TEXT. THE
ORIGINAL THAI TEXT AS FORMALLY ADOPTED AND PUBLISHE D SHALL IN ALL EVENTS REMAIN THE
SOLE AUTHORITY HAVING LEGAL FORCE.

(7) being imprisoned by a final judgement to a te rm of imprisonment
except for the offence committed through negligence or a petty offence.
In the case where a member appointed by the Minis ter vacates the office
before the expiration of the term, the Minister sha ll appoint a member to fill the
vacancy, and the appointee shall be in office for t he unexpired term of office of the
member he or she replaces.
The appointment of a member from the employee sid e to fill the
vacancy before the expiration of the term shall be made from presidents of the labour
unions who are elected and ranked next in the elect ion that the member vacating the
office before the expiration of the term is elected .

Section 11. In the case where the member appointed by the Mini ster
holds the office until the term is expired, the mem ber vacating the office shall continue
to perform the duties pro tempore until the newly appointed member assumes his or
her duties.
Section 12. At a meeting of the Committee, the presence of at least one
half of members and the presence of at least one me mber from both the employer
side and the employee side is required to constitut e a quorum.
At any meeting, if the Chairperson is not present at the meeting or is
unable to perform the duties, the members present s hall elect one amongst themselves
to preside over the meeting.
A resolution of the meeting shall be by a majorit y of votes. In casting a
vote, each member shall have one vote. In the case of an equality of votes, the
presiding member shall have an additional vote as t he casting vote.
At any meeting, if the quorum is not constituted as prescribed in
paragraph one, the meeting shall be convened within fifteen days from the date on
which the first meeting is scheduled. In respect of the latter meeting, even if there is no
member from the employer side or employee side atte nding at the meeting, and if no
less than one half of the members attend the meetin g, it shall be deemed that the
quorum is constituted.

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DISCLAIMER: THIS TEXT HAS BEEN PROVIDED FOR EDUCATIONAL/ COMPREHENSION PURPOSES AND
CONTAINS NO LEGAL AUTHORITY. THE OFFICE OF THE COUN CIL OF STATE SHALL ASSUME NO
RESPONSIBILITY FOR ANY LIABILITIES ARISING FROM THE USE AND/OR REFERENCE OF THIS TEXT. THE
ORIGINAL THAI TEXT AS FORMALLY ADOPTED AND PUBLISHE D SHALL IN ALL EVENTS REMAIN THE
SOLE AUTHORITY HAVING LEGAL FORCE.

Section 13. The Committee shall have the following powers and duties:
(1) to specify the minimum standard of employment condi tions;
(2) to propose to the Council of Ministers to determine , for each State
enterprise, the scope of employment conditions rel ating to financial matters that such
State enterprise may act on its own; (3) to consider and approve the employment conditions u nder paragraph
three and section 28; (4) to consider and make a decision on labour dispute u nder section 31;
(5) to appoint a person or a body of persons to concili ate the labour
dispute prior to making a decision under section 31 paragraph five;
(6) to consider and make a decision under section 38;
(7) to consider and make an order under section 39;
(8) to present the opinion and recommendation to the St ate enterprise
related to compliance with the law; (9) to perform other duties under this Act or as entrus ted by the Minister.
The minimum standard of the employment conditions u nder (1), upon
the approval of the Council of Ministers, shall app ly to every State enterprise.
In the case where any State enterprise deems appro priate to revise the
employment conditions related to financial matters other than those prescribed by
section 13(2), an approval of the Committee and the Council of Ministers must be
obtained prior to the proceedings thereof.
Section 14. The Committee has the power to appoint no more than five
qualified persons as consultants of the Committee t o render advice and present
opinions on the matters entrusted by the Committee.

Section 15. The Committee has the power to appoint a sub-commi ttee
to consider or perform any act as entrusted by the Committee.

Section 16. In the course of performance of duties, the Commit tee, the
sub-committee or a competent official entrusted by the Committee or sub-committee
shall have the following powers:

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DISCLAIMER: THIS TEXT HAS BEEN PROVIDED FOR EDUCATIONAL/ COMPREHENSION PURPOSES AND
CONTAINS NO LEGAL AUTHORITY. THE OFFICE OF THE COUN CIL OF STATE SHALL ASSUME NO
RESPONSIBILITY FOR ANY LIABILITIES ARISING FROM THE USE AND/OR REFERENCE OF THIS TEXT. THE
ORIGINAL THAI TEXT AS FORMALLY ADOPTED AND PUBLISHE D SHALL IN ALL EVENTS REMAIN THE
SOLE AUTHORITY HAVING LEGAL FORCE.

(1) to enter into the workplace of an employer, the pla ce where an
employee currently works or the office of an employ er, a labour union, or a labour
federation, during its operating hours in order to inquire into facts or to examine
documents as necessary; (2) to send out an inquiry letter or to summon a person concerned to
give a statement or to send the relevant objects or documents for consideration of the
Committee, sub-committee or entrusted competent off icial.
Any concerned person shall provide assistance, expl ain the facts, answer
the inquiry letter or send the relevant objects or documents to the Committee, sub-
committee or the competent official entrusted to pe rform duties under paragraph one.

Section 17. The Committee or sub-committee may send an invitat ion
letter to an expert or a qualified person to give h is or her view on the relevant matters.

Section 18. There shall be the Office of State Enterprise Labo ur Relations
Committee in the Department of Labour Welfare and P rotection, and it shall have the
following powers and duties: (1) to perform secretarial work of the Committee and su b-committee
under this Act; (2) to perform duties as entrusted by the Committee or sub-committee.

CHAPTER II
RELATIONS AFFAIRS COMMITTEE

Section 19. There shall be the Relations Affairs Committee wit hin each
State enterprise consisting of one member of the St ate enterprise Board as determined
by the State enterprise Board as Chairperson, and r epresentatives from the employer
side of such State enterprise appointed from the ma nagement of such State enterprise
in the number as prescribed by the State enterprise which must be no less than five
persons but must not exceed nine persons and repres entatives from the employee side

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DISCLAIMER: THIS TEXT HAS BEEN PROVIDED FOR EDUCATIONAL/ COMPREHENSION PURPOSES AND
CONTAINS NO LEGAL AUTHORITY. THE OFFICE OF THE COUN CIL OF STATE SHALL ASSUME NO
RESPONSIBILITY FOR ANY LIABILITIES ARISING FROM THE USE AND/OR REFERENCE OF THIS TEXT. THE
ORIGINAL THAI TEXT AS FORMALLY ADOPTED AND PUBLISHE D SHALL IN ALL EVENTS REMAIN THE
SOLE AUTHORITY HAVING LEGAL FORCE.

appointed from members of the labour union in such State enterprise as presented by
the labour union in the same number as the represen tatives from the employer side as
members.
In the case where there is no labour union in a Sta te enterprise or during
the time the labour union is dissolved under sectio n 65, the State enterprise shall
arrange to have the employees who are not in the ma nagement to elect representatives
from the employee side in the same number as the re presentatives from the employer
side to be the members. The employees elected under paragraph two shall be in office until
representatives from a labour union is elected unde r paragraph one.

Section 20. A member of the Relations Affairs Committee shall hold
office for a term of two years. A member who vacate s the office may be reappointed.

Section 21. In addition to vacating office on the expiration o f the term
under section 20, a member of the Relations Affairs Committee vacates office upon:
(1) death;
(2) resignation;
(3) being an incompetent person or a quasi-incomp etent person;
(4) ceasing to be the management, or being replac ed when the State
enterprise deems appropriate to change the represen tative, in the case of the
representative from the employer side;
(5) ceasing to be a member of the labour union, o r being replaced when
the labour union deems appropriate to change the re presentative, or ceasing to be an
employee, in the case of the representative from th e employee side;
(6) being imprisoned by a final judgement to a t erm of imprisonment
except for the offence committed through negligence or a petty offence.
In the case where a member of the Relations Affai rs Committee vacates
the office before the expiration of the term, the p erson appointed shall be in office for
the unexpired term of office of the member he or sh e replaces.

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DISCLAIMER: THIS TEXT HAS BEEN PROVIDED FOR EDUCATIONAL/ COMPREHENSION PURPOSES AND
CONTAINS NO LEGAL AUTHORITY. THE OFFICE OF THE COUN CIL OF STATE SHALL ASSUME NO
RESPONSIBILITY FOR ANY LIABILITIES ARISING FROM THE USE AND/OR REFERENCE OF THIS TEXT. THE
ORIGINAL THAI TEXT AS FORMALLY ADOPTED AND PUBLISHE D SHALL IN ALL EVENTS REMAIN THE
SOLE AUTHORITY HAVING LEGAL FORCE.

Section 22. The Relations Affairs Committee shall convene the meeting
at least once a month and the provisions in section 12 shall apply to the meeting of the
Relations Affairs Committee mutatis mutandis.
In the case where no less than one third of the m embers of the Relations
Affairs Committee make a request, the Relations Aff airs Committee shall convene the
meeting within ten days as from the date of receivi ng the request.

Section 23. The Relations Affairs Committee shall have the fol lowing
powers and duties:
(1) to consider and give opinions relating to the enhan cement of the
efficiency in the operation of the State enterprise , including to promote and develop
labour relations affairs;
(2) to make a reconciliation and settle a dispute in th e State enterprise;
(3) to consider a revision of the rules and regulations on working which
will benefit the employer, employee and such State enterprise;
(4) to conduct consultation in order to solve the probl em under a
petition of an employee or the labour union, includ ing a petition relating to disciplinary
actions;
(5) to conduct consultation in order to consider the im provement of
employment conditions.
Section 24. The employer shall facilitate the course of perfor mance of
duties of the members of the Relations Affairs Comm ittee or omit any act which causes
the Relations Affairs Committee to be unable to per form their powers and duties.
An employer may dismiss, reduce the wages of, or de duct the wages of a
member of the Relations Affairs Committee only when the permission is granted by the
Labour Court, except where the said member of the R elations Affairs Committee has
given his or her consent in writing, or the dismiss al is resulted from retirement.
CHAPTER III
AGREEMENT RELATING TO EMPLOYMENT CONDITIONS

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DISCLAIMER: THIS TEXT HAS BEEN PROVIDED FOR EDUCATIONAL/ COMPREHENSION PURPOSES AND
CONTAINS NO LEGAL AUTHORITY. THE OFFICE OF THE COUN CIL OF STATE SHALL ASSUME NO
RESPONSIBILITY FOR ANY LIABILITIES ARISING FROM THE USE AND/OR REFERENCE OF THIS TEXT. THE
ORIGINAL THAI TEXT AS FORMALLY ADOPTED AND PUBLISHE D SHALL IN ALL EVENTS REMAIN THE
SOLE AUTHORITY HAVING LEGAL FORCE.

AND LABOUR DISPUTE SETTLEMENT

Section 25. The agreement relating to employment conditions sh all
apply for the period as agreed upon by the employer and the labour union, but it shall
not apply for more than three years. If the time pe riod is not specified, it shall be
deemed that the agreement relating to employment co nditions applies for one year as
from the date on which the employer and employee ha ve reached agreement or as
from the date on which the employer accepts the emp loyment of the employee, as the
case may be. In the case where the time period specified under t he agreement relating
to the employment conditions has expired, if there is no new negotiation, it shall be
deemed that the agreement relating to employment co nditions shall continue to apply
for a term of one year each time. Regarding to a claim for an agreement relating to e mployment conditions
or amendment of the agreement relating to employme nt conditions, the employer or
labour union shall submit the claim, in writing, to another party and the party submitting
such claim shall send a copy of the claim to the Re gistrar without delay.
The party submitting the claim shall indicate the n ames of the authorised
persons as the representatives in negotiation, whic h shall not exceed seven persons.
The representatives in negotiation from employer si de shall be appointed
from the management of that State enterprise, and t he representatives in the
negotiation from the labour union shall be appointe d from the members of its
committee or members of that labour union.

Section 26. Upon receiving the claim, the party receiving the claim shall
notify, in writing, the names of not exceeding seve n representatives in the negotiation to
the party submitting the claim without delay; both parties shall begin the negotiation
within five days as from the day of receiving the c laim.
The employer or the labour union may appoint a cons ultant in order to
give advice to its representative, but the number o f whom shall not exceed two persons
for each party.

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DISCLAIMER: THIS TEXT HAS BEEN PROVIDED FOR EDUCATIONAL/ COMPREHENSION PURPOSES AND
CONTAINS NO LEGAL AUTHORITY. THE OFFICE OF THE COUN CIL OF STATE SHALL ASSUME NO
RESPONSIBILITY FOR ANY LIABILITIES ARISING FROM THE USE AND/OR REFERENCE OF THIS TEXT. THE
ORIGINAL THAI TEXT AS FORMALLY ADOPTED AND PUBLISHE D SHALL IN ALL EVENTS REMAIN THE
SOLE AUTHORITY HAVING LEGAL FORCE.

Section 27. If the employer and the labour union are able to r each the
agreement in relation to the claim, the agreement r elating to the employment
conditions shall be made in writing and signed by n o less than one half of the
representatives in the negotiation from the respect ive parties. The employers shall
openly announce the agreement relating to employmen t conditions at the place where
the employees work for at least thirty days; such a nnouncement shall be made within
three days as from the date of agreement. The employer shall register the agreement relating to employment
conditions under paragraph one with the Registrar o r the person entrusted by the
Registrar within fifteen days as from the date of t he agreement.

Section 28. The agreement relating to employment conditions pe rtaining
to financial matters other than those prescribed in section 13 (2) shall be executed upon
the approval by the Committee and the Council of Mi nisters.)

Section 29. The agreement relating to employment conditions sh all bind
the employer and employees who are the members of t he labour union.
No employer may enter into an employment contract w ith an employee
who is a member of the labour union in a way that i s contrary to or inconsistent with
the agreement relating to employment conditions, ex cept where such employment
contract provides more benefits to the employee.

Section 30. In the case where there is no negotiation within the specified
period under section 26 or the negotiation is condu cted but no agreement is reached
due to any reason whatsoever, it shall be deemed th at a labour dispute has occurred
and the party who submits the claim shall notify, i n writing, the labour dispute
conciliation official within seventy two hours from the prescribed period has lapsed or
from the time the agreement cannot be reached, as t he case may be.

Section 31. When the labour dispute conciliation official has b een
notified under section 30, the labour dispute conci liation official shall conduct the

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DISCLAIMER: THIS TEXT HAS BEEN PROVIDED FOR EDUCATIONAL/ COMPREHENSION PURPOSES AND
CONTAINS NO LEGAL AUTHORITY. THE OFFICE OF THE COUN CIL OF STATE SHALL ASSUME NO
RESPONSIBILITY FOR ANY LIABILITIES ARISING FROM THE USE AND/OR REFERENCE OF THIS TEXT. THE
ORIGINAL THAI TEXT AS FORMALLY ADOPTED AND PUBLISHE D SHALL IN ALL EVENTS REMAIN THE
SOLE AUTHORITY HAVING LEGAL FORCE.

dispute conciliation within ten days as from the da te on which the labour dispute
conciliation official receives the written notifica tion.
If the agreement has been reached within the time p eriod under
paragraph one, section 27 shall apply mutatis mutandis.
In the case where the agreement cannot be reached w ithin the time
period under paragraph one, the labour dispute shal l be deemed as an unsettled labour
dispute, and the party notifying the claim shall su bmit the unsettled labour dispute to
the Committee within fifteen days as from the date on which it becomes an unsettled
labour dispute.
Upon the receipt of an unsettled labour dispute, th e Committee shall
consider and decide it within ninety days as from t he date of receiving such labour
dispute.
In the case where the Committee deems appropriate, the Committee
may appoint a person or a group of persons to conci liate such labour dispute prior to
making the decision.

Section 32. The decision of the Committee shall be final. The party
submitting the claim and the party receiving the cl aim shall comply therewith. However,
if it is a decision relating to financial matter wh ich falls outside of section 13 (2), it shall
be applicable only when it has been approved by the Council of Ministers. The decision
shall be applicable for one year as from the date o n which the decision is made or the
date on which it is approved by the Council of Mini sters as the case may be.

Section 33. In any case whatsoever, neither the employer shall cause a
lockout nor the employees shall strike.
Section 34. Upon the submission of the claim under section 25, if the
claim is being in the process of negotiation, conci liation, mediation, or decision of labour
dispute under section 26, section 27, section 28, s ection 29, section 30 or section 31, the
employer shall not terminate employment of or reass ign the duties of the employee,
employee’s representative, member of the committee or member of the sub-
committee which relates to the claim, except where such person–

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DISCLAIMER: THIS TEXT HAS BEEN PROVIDED FOR EDUCATIONAL/ COMPREHENSION PURPOSES AND
CONTAINS NO LEGAL AUTHORITY. THE OFFICE OF THE COUN CIL OF STATE SHALL ASSUME NO
RESPONSIBILITY FOR ANY LIABILITIES ARISING FROM THE USE AND/OR REFERENCE OF THIS TEXT. THE
ORIGINAL THAI TEXT AS FORMALLY ADOPTED AND PUBLISHE D SHALL IN ALL EVENTS REMAIN THE
SOLE AUTHORITY HAVING LEGAL FORCE.

(1) dishonestly perform duties or intentionally commits a criminal
offence against the employer; (2) intentionally causes damage to the employer;
(3) violates the legitimate working regulations, or rul es or orders of the
employer and the employer has given a written warni ng and a one-year period
commencing from the date the employee receives the warning letter has not yet
lapsed. In this respect, the regulations, rules or orders shall not be issued to prevent
such person to proceed on the claim, except in a se rious case where the employer is
not required to give a warning;
(4) abandons his or her duties for three consecutiv e days without reasons.
No employee, representative of employee, member of the committee,
member of the sub-committee or member of the labour union which relates to the
claim shall support or cause a strike.
Section 35. No employer shall–_
(1) terminate employment or commit any act which may re sult in
employee not being able to continue working on the grounds that employees proceed
to form a labour union, labour federation, or to be come a member or member of the
Board of a labour union, member of the Board of a l abour federation, member of the
Relations Affairs Committee, member of the State En terprise Labour Relations
Committee, or member of the sub-committee, or to ta ke a legal action, to be a witness,
or to submit evidence to a competent official, the Registrar or the Committee or to the
Labour Court; (2) obstruct an employee from being a member, or cause an employee
to relinquish his or her membership of the labour, union, labour federation, a member
of the Relations Affairs Committee, or give or agre e to give money or properties to an
employee or a staff member of a labour union in ord er not to apply for membership or
accept the application for membership or to relinqu ish from the membership of the
labour union; (3) obstruct the operation of the labour union, labour federation, or
obstruct the exercise of rights of an employee aris ing from being a member of the
labour union; or

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DISCLAIMER: THIS TEXT HAS BEEN PROVIDED FOR EDUCATIONAL/ COMPREHENSION PURPOSES AND
CONTAINS NO LEGAL AUTHORITY. THE OFFICE OF THE COUN CIL OF STATE SHALL ASSUME NO
RESPONSIBILITY FOR ANY LIABILITIES ARISING FROM THE USE AND/OR REFERENCE OF THIS TEXT. THE
ORIGINAL THAI TEXT AS FORMALLY ADOPTED AND PUBLISHE D SHALL IN ALL EVENTS REMAIN THE
SOLE AUTHORITY HAVING LEGAL FORCE.

(4) unlawfully interfere with the operation of the labo ur union or labour
federation.
Section 36. No person shall–
(1) force or coerce, directly or indirectly, an employe e to be or not to
be a member of a labour union or to leave the membe rship of the labour union; or
(2) carry out any act which may result in the violation of section 35 by
the employer side.
Section 37. During the period where the agreement relating to
employment conditions under section 25 paragraph on e or the decision under section
32 applies, the employer shall not terminate employ ment of or reassign the duties
relating to the claim of a member of the Committee or a member of the sub-committee
or a member of the labour union, except in the case of the dissolution of the State
enterprise or any section of works of the State ent erprise or where such person commits
any of the following acts: (1) dishonestly performing duties or intentionally comm itting a criminal
offence against the employer;
(2) intentionally causing damages to the employer;
(3) violating the legitimate working regulations, or ru les or orders of the
employer, provided that the employer has given a wr itten warning and a one-year
period commencing from the date the employee receiv es that warning letter has not
yet lapsed. In this respect, the regulations, rules or orders shall not be issued to prevent
such person to proceed on the claim, except in a se rious case where the employer is
not required to give a warning; (4) neglecting his or her duties for three consecutive working days
without a justifiable reason;
(5) carrying out any act which provokes, supports or in duces the
violation of the agreement relating to the employme nt conditions or the decision.

Section 38 . A person injured from the violation of section 35 or section
37 shall have the right to submit a claim, within t hirty days as from the date of being

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DISCLAIMER: THIS TEXT HAS BEEN PROVIDED FOR EDUCATIONAL/ COMPREHENSION PURPOSES AND
CONTAINS NO LEGAL AUTHORITY. THE OFFICE OF THE COUN CIL OF STATE SHALL ASSUME NO
RESPONSIBILITY FOR ANY LIABILITIES ARISING FROM THE USE AND/OR REFERENCE OF THIS TEXT. THE
ORIGINAL THAI TEXT AS FORMALLY ADOPTED AND PUBLISHE D SHALL IN ALL EVENTS REMAIN THE
SOLE AUTHORITY HAVING LEGAL FORCE.

injured, to make allegation against the violator to the Committee for the consideration
and making a decision. The Committee shall make a decision and issue an or der within sixty days
as from the date of receiving the claim; the employ er side and the employee side shall
comply with the order. In this case, the Committee shall have the power to order the
employer to reinstate the employee, or to pay the d amages, or to order the violator to
perform or not to perform any act as deemed appropr iate.

Section 39. In the case where the Registrar deems that a membe r of the
Board of a labour union or a labour federation comm its an act which contradicts to the
object of the labour union or the labour federation , as the case may be, and such act
endangers the public order or national security, th e Registrar shall submit the matter to
the Committee for consideration and making decision without delay.
The Committee shall make a decision and issue an or der within seven
days as from the date of receiving the request; the violator shall comply with such
order.
CHAPTER 4
LABOUR UNION

Section 40. The labour union may be formed only by virtue of t he
provisions of this Act. The labour union shall have the objects to–
(1) promote good relations between employees and the em ployer and
among employees; (2) consider the support for its member as requested by a petition;
(3) seek or protect the benefits relating to employment conditions of
employees; (4) act or provide cooperation for enhancing efficiency and maintaining
interests of the State enterprise. Each State enterprise shall only have one labour un ion.

16

DISCLAIMER: THIS TEXT HAS BEEN PROVIDED FOR EDUCATIONAL/ COMPREHENSION PURPOSES AND
CONTAINS NO LEGAL AUTHORITY. THE OFFICE OF THE COUN CIL OF STATE SHALL ASSUME NO
RESPONSIBILITY FOR ANY LIABILITIES ARISING FROM THE USE AND/OR REFERENCE OF THIS TEXT. THE
ORIGINAL THAI TEXT AS FORMALLY ADOPTED AND PUBLISHE D SHALL IN ALL EVENTS REMAIN THE
SOLE AUTHORITY HAVING LEGAL FORCE.

Section 41. The following persons have the right to collective ly form a
labour union: (1) being employees in the same State enterprise who ar e not the
management; (2) being sui juris ; and
(3) being of Thai nationality.

Section 42. A labour union may be formed only where its member s
constitute no less than twenty five per cent of the total employee, which does not
include employees engaged in work characterised as being occasional, contingent,
seasonal or work of a project. It shall have regula tions and shall be registered with the
Registrar. Upon the registration, the labour union shall be a juristic person.

Section 43. In respect to registration of a labour union, no l ess than ten
employees having the right to form a labour union s hall be the promoters, and submit
the application in writing to the Registrar togethe r with at least three copies of the draft
regulations of the labour union, the list of names and signatures of the persons
intending to become members of the labour union, th e number of whom shall be no
less than ten per cent of the total employee which does not include employees
engaged in work characterised as being occasional, contingent, seasonal or work of a
project.
The application and the list of names shall be in a ccordance with the
form prescribed by the Director-General of the Depa rtment of Labour Protection and
Welfare.
One employee may be a member of only one labour uni on.
When the Registrar has accepted the application for registration of the
labour union, the Registrar shall post the announce ment up openly at the workplace of
the employee in order to notify all employees.
Section 44. The regulations of the labour union shall contain the
following statements:

17

DISCLAIMER: THIS TEXT HAS BEEN PROVIDED FOR EDUCATIONAL/ COMPREHENSION PURPOSES AND
CONTAINS NO LEGAL AUTHORITY. THE OFFICE OF THE COUN CIL OF STATE SHALL ASSUME NO
RESPONSIBILITY FOR ANY LIABILITIES ARISING FROM THE USE AND/OR REFERENCE OF THIS TEXT. THE
ORIGINAL THAI TEXT AS FORMALLY ADOPTED AND PUBLISHE D SHALL IN ALL EVENTS REMAIN THE
SOLE AUTHORITY HAVING LEGAL FORCE.

(1) the name, which shall also contain the word “State enterprise labour
union” in front of the name; (2) its object;
(3) location of the office;
(4) means of accepting a member and terminating the mem bership;
(5) rates of application fee and member fee and method of payment;
(6) rules on rights and duties of the members;
(7) rules on the Board, i.e. number of members of the B oard, election of
a member of the Board, term of office of a member o f the Board, vacation of office of a
member of the Board and meeting of the Board; (8) rules on the general meeting;
(9) rules on administration of the labour union;
(10) rules on the expenditure, maintenance of money and other
propeties including the accounting and auditing. The regulations under paragraph one shall contain p rovisions which can
facilitate the fair operation of the labour union a nd maintain the benefits of the
members and employees in the State enterprise, and shall not contain provisions which
hinder the membership or terminate the membership w ithout a justifiable reason.

Section 45. After the Registrar has received the application f or registration
of a labour union in a State enterprise, and has ex amined and deems that its objects are
correct within the scope of section 40 and are not contrary to public order or good
morals, that the applicant has the qualifications a s prescribed in section 41, that such
application contains the statements as well as the documents which are complete and
correct under section 43, and that the regulations are correct under section 44 and
contain a list of names and signatures of the perso ns intending to become members of
the labour union, the number of whom is no less tha n twenty five per cent of the total
employee, which does not include employees engaged in work characterised as being
occasional, contingent, seasonal or work of a proje ct, and that there has not been
registration of a labour union in that State enterp rise, the Registrar shall make
registration and issue the registration certificate of the labour union to that labour union.

18

DISCLAIMER: THIS TEXT HAS BEEN PROVIDED FOR EDUCATIONAL/ COMPREHENSION PURPOSES AND
CONTAINS NO LEGAL AUTHORITY. THE OFFICE OF THE COUN CIL OF STATE SHALL ASSUME NO
RESPONSIBILITY FOR ANY LIABILITIES ARISING FROM THE USE AND/OR REFERENCE OF THIS TEXT. THE
ORIGINAL THAI TEXT AS FORMALLY ADOPTED AND PUBLISHE D SHALL IN ALL EVENTS REMAIN THE
SOLE AUTHORITY HAVING LEGAL FORCE.

Any application for registration which contains any statement as well as
document which is incomplete or incorrect, or that the persons intending to become
members of the labour union are less than twenty fi ve per cent of the total employees
under paragraph one, such registration applicant sh all make an amendment thereof so
as to be correct and complete within one year as fr om the date on which the Registrar
makes a written notification. If the registration a pplicant fails to comply therewith within
the prescribed time period, it shall be deemed that the application for registration of the
labour union shall lapse.
Section 46. In the case where there are more than one applicat ions for
registration of labour unions in a State enterprise , if it appears that the application
thereof contains the correct and complete statement and documents and the number
of persons intending to be the members of the labou r union is twenty five per cent of
the total employees as prescribed in section 45 and such application is the first one, the
Registrar shall make registration for that labour u nion. However, if there are more than
one such complete applications, the Register shall require each registration applicant to
jointly consider making an agreement to merge the a pplications into one application. If
the agreement cannot be reached, the Registrar shal l make registration for the labour
union having the highest number of persons intendin g to be the members. If it appears
that more than one applications for labour union re gistration contain the same highest
number of persons intending to be the members, the Registrar shall carry out a draw of
lots openly among the applicants and make registrat ion for the labour union being
drawn by lot.
Section 47. The registration applicant has the right to appeal against the
order refusing to make registration to the Minister . Such appeal shall be made in writing
to the Minister within thirty days as from the date of being notified of such order.
The Minister shall make a decision on the appeal an d notify the
appellant within thirty days as from the date of re ceiving the written appeal.
The decision on the appeal of the Minister shall be final.

19

DISCLAIMER: THIS TEXT HAS BEEN PROVIDED FOR EDUCATIONAL/ COMPREHENSION PURPOSES AND
CONTAINS NO LEGAL AUTHORITY. THE OFFICE OF THE COUN CIL OF STATE SHALL ASSUME NO
RESPONSIBILITY FOR ANY LIABILITIES ARISING FROM THE USE AND/OR REFERENCE OF THIS TEXT. THE
ORIGINAL THAI TEXT AS FORMALLY ADOPTED AND PUBLISHE D SHALL IN ALL EVENTS REMAIN THE
SOLE AUTHORITY HAVING LEGAL FORCE.

Section 48. Upon the registration, the Registrar shall publish the
registration of the labour union in the Government Gazette.

Section 49. The promoters of the labour union shall convene th e first
ordinary general meeting within one hundred and twe nty days as from the date of
registration in order to elect the Board of the lab our union and entrust all affairs to the
Board of the labour union, to elect the auditor and to approve the draft regulations
submitted to the Registrar under section 45. When the general meeting has elected the Board of t he labour union and
has approved the draft regulations, a copy of the r egulations and the list of names,
addresses, occupations or professions of the member s of the Board of the labour union
shall be registered within fourteen days as from th e date the general meeting resolves.

Section 50. An amendment to regulations of a labour union and a
change of a member of the Board of a labour union s hall only be made by a resolution
of the general meeting and shall be registered with in fourteen days as from the date the
general meeting resolves. An amendment to regulations and a change of a membe r of the Board of
the labour union under paragraph one shall come int o force upon registration by the
Registrar. Section 45 shall apply to an application for an ame ndment to regulations
and a change of a member of the Board of the labour union mutatis mutandis.

Section 51. A member of the labour union in a State enterprise must be
an employee of that State enterprise throughout the time of membership.
No person in the management shall be a member of a labour union.

Section 52. A member of the labour union has the right to requ est for
inspection of the register of members, documents or accounts to ascertain the operation
of the labour union during its operating hours.
In requesting for inspection under paragraph one, t he staff member of the
labour union shall provide reasonable assistance th ereto.

20

DISCLAIMER: THIS TEXT HAS BEEN PROVIDED FOR EDUCATIONAL/ COMPREHENSION PURPOSES AND
CONTAINS NO LEGAL AUTHORITY. THE OFFICE OF THE COUN CIL OF STATE SHALL ASSUME NO
RESPONSIBILITY FOR ANY LIABILITIES ARISING FROM THE USE AND/OR REFERENCE OF THIS TEXT. THE
ORIGINAL THAI TEXT AS FORMALLY ADOPTED AND PUBLISHE D SHALL IN ALL EVENTS REMAIN THE
SOLE AUTHORITY HAVING LEGAL FORCE.

Section 53. Membership of a labour union terminates upon:
(1) death;
(2) resignation;
(3) being dismissed by the general meeting on the groun ds prescribed in
the regulations of the labour union; (4) being disqualified under section 51.

Section 54. For the benefits of members of the labour union, t he labour
union has rights and duties as follows:
(1) to submit a claim to the employer side in connectio n with
employment conditions on behalf of the members; (2) to submit a petition to the Relations Affairs Commi ttee for
consideration under section 23 (4); (3) to appoint a representative to be a member in the R elations Affairs
Committee;
(4) to arrange services for the welfare of the members or to allocate
money or properties for public benefit as the gener al meeting deems appropriate;
(5) to collect application fee and membership fee in ac cordance with the
rates prescribed in the regulations of the labour u nion;
(6) to implement the objects as prescribed in section 4 0.

Section 55. A labour union shall have the Board of the labour union as
the administrator and representative of the labour union in the affairs vis-à-vis third
persons. For this purpose, the Board of the labour union may entrust one or several
members of the Board to act on its behalf. The Board of the labour union may appoint a sub-com mittee of the
labour union to carry out works as entrusted.
The Board of the labour union consists of the Presi dent of the Labour
Union as Chairperson and other members as prescribe d in the regulations.

21

DISCLAIMER: THIS TEXT HAS BEEN PROVIDED FOR EDUCATIONAL/ COMPREHENSION PURPOSES AND
CONTAINS NO LEGAL AUTHORITY. THE OFFICE OF THE COUN CIL OF STATE SHALL ASSUME NO
RESPONSIBILITY FOR ANY LIABILITIES ARISING FROM THE USE AND/OR REFERENCE OF THIS TEXT. THE
ORIGINAL THAI TEXT AS FORMALLY ADOPTED AND PUBLISHE D SHALL IN ALL EVENTS REMAIN THE
SOLE AUTHORITY HAVING LEGAL FORCE.

Section 56. Members of the Board of a labour union or members of a
sub-committee of a labour union under section 55 mu st be members of that labour
union.
A member of the Board of a labour union who has bee n removed from
office by an order of the Registrar under section 6 3 may hold a position of a member of
the Board of the labour union again only when the t ime period of one year from the
date the Registrar orders the removal from office h as lapsed.

Section 57. A labour union may carry out the following acts on ly upon a
resolution of the general meeting: (1) amending the regulations;
(2) electing a member of the Board of the labour union, electing the
auditor, certifying a balance sheet, an annual repo rt and budget;
(3) arranging services for the welfare of the members o r allocating
money or properties for public benefit;
(4) jointly forming or becoming a member of a labour fe deration;
(5) accepting supporting money from a person who is not of Thai
nationality or a foreigner under the law on foreign business;
(6) dissolving the labour union.

Section 58. When a labour union carries out the following acts for the
benefits of members of the labour union, the labour union, a member of the Board of
the labour union, a member of a sub-committee of th e labour union and a staff
member of the labour union shall be exempted from a criminal or civil allegation or
action; (1) attending a negotiation to make an agreement with t he employer for
raising a claim relating to the employment conditio ns;
(2) explaining or publishing facts on a claim or a labo ur dispute or an
operation of the labour union. However, this excludes criminal offences in the Tit les on offences relating
to causing public dangers, against life and body, a gainst liberty and reputation, against
property, and penal actions in connection with the criminal offences in such Titles.

22

DISCLAIMER: THIS TEXT HAS BEEN PROVIDED FOR EDUCATIONAL/ COMPREHENSION PURPOSES AND
CONTAINS NO LEGAL AUTHORITY. THE OFFICE OF THE COUN CIL OF STATE SHALL ASSUME NO
RESPONSIBILITY FOR ANY LIABILITIES ARISING FROM THE USE AND/OR REFERENCE OF THIS TEXT. THE
ORIGINAL THAI TEXT AS FORMALLY ADOPTED AND PUBLISHE D SHALL IN ALL EVENTS REMAIN THE
SOLE AUTHORITY HAVING LEGAL FORCE.

Section 59. Members of the committee of the labour union carry ing out
the affairs of the labour union or attending meetin gs of the labour union or seminars
shall be regarded as carrying out work for the empl oyer in accordance with the
agreement by the labour union and the employer. An employee who is a member of the Board of the lab our union has the
right to ask for a leave to attend a meeting of the labour union or to attend other
meeting or seminar. In this regard, the labour unio n shall notify the employer in advance
and it shall be deemed that the day and time the em ployee carries out such activity
counts as a working day for the employer.

Section 60. A labour union shall arrange to have a register of members in
the form prescribed by the Director-General of the Department of Labour Protection and
Welfare and maintain it at the office and make it a vailable for inspection during its
operating hours. A labour union shall put up an announcement on its operating days and
hours at the office of the labour union.
Section 61. The labour union shall arrange to have an audit of accounts
and shall submit the balance sheet together with th e audit report to the general
meeting. When the general meeting has certified the balance sheet and the audit
report, it shall submit one copy thereof to the Reg istrar within thirty days as from the
date the general meeting passes a certification res olution.

Section 62. The Registrar or a competent official entrusted by the
Registrar shall have the power to order an employer , a member of the Board of a labour
union, or a member of a labour union to act or refr ain from acting so as to be in
accordance with the provisions in this Act or those prescribed in the law or regulations
of the labour union as the case may be, and shall h ave the following powers:
(1) to enter into a State enterprise or an office of a labour union during
its operating hours in order to inquire into facts or to inspect an operation of the labour
union;

23

DISCLAIMER: THIS TEXT HAS BEEN PROVIDED FOR EDUCATIONAL/ COMPREHENSION PURPOSES AND
CONTAINS NO LEGAL AUTHORITY. THE OFFICE OF THE COUN CIL OF STATE SHALL ASSUME NO
RESPONSIBILITY FOR ANY LIABILITIES ARISING FROM THE USE AND/OR REFERENCE OF THIS TEXT. THE
ORIGINAL THAI TEXT AS FORMALLY ADOPTED AND PUBLISHE D SHALL IN ALL EVENTS REMAIN THE
SOLE AUTHORITY HAVING LEGAL FORCE.

(2) to order a employer side, a member of the Board of a labour union, a
member of a sub-committee of a labour union or a st aff member of a labour union to
submit or present a document or an account of the l abour union for consideration in
the case where a problem has occurred; (3) to question persons in (2) or to summon such person s for questioning
or giving statement of facts in relation to an oper ation of the labour union.

Section 63. The Registrar has the power to order the removal o f any
member of the Board of a labour union or the Board of a labour union from office when
it appears that such member or such Board– (1) commits an unlawful act which obstructs performance of work as per
the duties of the Committee, the sub-committee, the Registrar or the competent official;
(2) violates section 57 (5);
(3) violates or fails to comply with the order of the R egistrar or the
competent official entrusted by the Registrar under section 62;
(4) carries out an operation irreconcilable with the ob ject of the labour
union which is contrary to the law or public order or good morals or may be detrimental
to the economy or security of the country; or
(5) allows or gives consent to allow any person who is not a member of
the Board of the labour union to operate the labour union.
The order under paragraph one shall be made in writ ing and be notified
to the concerned persons and the labour union witho ut delay.

Section 64. A person who receives the order removing him or he r from
office of member of the Board of the labour union u nder section 63 has the right to
appeal against such order to the Minister, in writi ng, within thirty days as from the date
of receiving the order.
The Minister shall make a decision on the appeal an d notify the
appellant within sixty days as from the date of rec eiving the written appeal. The decision
of the Minister shall be final.

24

DISCLAIMER: THIS TEXT HAS BEEN PROVIDED FOR EDUCATIONAL/ COMPREHENSION PURPOSES AND
CONTAINS NO LEGAL AUTHORITY. THE OFFICE OF THE COUN CIL OF STATE SHALL ASSUME NO
RESPONSIBILITY FOR ANY LIABILITIES ARISING FROM THE USE AND/OR REFERENCE OF THIS TEXT. THE
ORIGINAL THAI TEXT AS FORMALLY ADOPTED AND PUBLISHE D SHALL IN ALL EVENTS REMAIN THE
SOLE AUTHORITY HAVING LEGAL FORCE.

Section 65. A labour union shall be dissolved for one of the f ollowing
reasons: (1) if the rules of the labour union prescribed conditi ons for
dissolution upon their occurrence; (2) if the general meeting passes the resolution to dis solve the labour
union;
(3) upon bankruptcy;
(4) if the Registrar orders a dissolution under section 66.

Section 66. The Registrar may have an order to dissolve a labo ur union in
the following cases: (1) when the Registrar has conducted an inspection and later found that
the acceptance of registration and the issuance of the certificate of the labour union
registration to the registration applicant is not i n accordance with section 45 or section
46;
(2) when it appears that operation of the labour union is contrary to the
object, is contrary to the law, or is detrimental t o the economy or security of the
country, or is contrary to public order or good mor als;
(3) when the Registrar has ordered a reelection of all of the members of
the Board and the election is not conducted within the time period specified by the
Registrar or within the time period extended by the Registrar until such time period has
lapsed; (4) when the labour union does not operate for two cons ecutive years;
or,
(5) when members remaining are less than twenty five p er cent of the
total employees, which does not include employees i n the management or engaged in
work characterised as being occasional, contingent, seasonal or work of a project.
When the Registrar orders the dissolution of a labo ur union, he or she
shall notify, in writing, the labour union of the o rder without delay.

Section 67. In regard to the order to dissolve the labour unio n in section
66, more than one- half of the total members of the committee who are in office on

25

DISCLAIMER: THIS TEXT HAS BEEN PROVIDED FOR EDUCATIONAL/ COMPREHENSION PURPOSES AND
CONTAINS NO LEGAL AUTHORITY. THE OFFICE OF THE COUN CIL OF STATE SHALL ASSUME NO
RESPONSIBILITY FOR ANY LIABILITIES ARISING FROM THE USE AND/OR REFERENCE OF THIS TEXT. THE
ORIGINAL THAI TEXT AS FORMALLY ADOPTED AND PUBLISHE D SHALL IN ALL EVENTS REMAIN THE
SOLE AUTHORITY HAVING LEGAL FORCE.

the date of the dissolution order shall have the ri ght to appeal, in writing, to the Minister
within thirty days as from the date of being notifi ed of such order.
An appeal of the order made to the Minister under p aragraph one shall
not be the cause of stay of execution of the order of the Registrar.
The Minister shall make a decision on the appeal an d notify the
appellant within thirty days as from the date of re ceiving the appeal. The decision on
the appeal of the Minister shall be final. The order to dissolve a labour union shall be publi shed in the
Government Gazette when the time period for the sub mission of the appeal has lapsed
or when the Minister has made the decision as the c ase may be.

Section 68. When a labour union has to be dissolved under sect ion 65, it
shall appoint a liquidator; the provisions of the C ivil and Commercial Code on the
liquidation of registered ordinary partnership, lim ited partnership and limited company
shall apply to the liquidation of the labour union mutatis mutandis.

Section 69. After liquidation, if there are properties remainin g, they shall
not be distributed among the members of the labour union, but those properties shall
be transferred to other labour union as designated in the regulations on management
procedures of the labour union or in accordance wit h the resolution of the general
meeting.
In the case where the regulations or the general me eting does not
designate any labour union to be the transferee of those remaining properties, the
liquidator shall give those properties to a foundat ion or an association whose object is
of assisting or promoting the welfare of labours. CHAPTER V
LABOUR FEDERATION

26

DISCLAIMER: THIS TEXT HAS BEEN PROVIDED FOR EDUCATIONAL/ COMPREHENSION PURPOSES AND
CONTAINS NO LEGAL AUTHORITY. THE OFFICE OF THE COUN CIL OF STATE SHALL ASSUME NO
RESPONSIBILITY FOR ANY LIABILITIES ARISING FROM THE USE AND/OR REFERENCE OF THIS TEXT. THE
ORIGINAL THAI TEXT AS FORMALLY ADOPTED AND PUBLISHE D SHALL IN ALL EVENTS REMAIN THE
SOLE AUTHORITY HAVING LEGAL FORCE.

Section 70. Ten or more labour unions may collectively form a l abour
federation in order to protect the benefits in rela tion to employment conditions and
promotion of education and promotion of good relati ons in the State enterprise.
The labour federation shall have regulations and be registered with the
Registrar. Upon registration, the labour federation shall be a juristic person.

Section 71. The provisions on labour union in Chapter 4 shall apply to
the labour federation mutatis mutandis.

Section 72. A labour federation may become a member of a labou r
association council under the law on labour relatio ns.

CHAPTER VI PENALTIES

Section 73. Any person who violates or fails to comply with se ction 13
paragraph two or section 24 shall be liable to impr isonment for a term not exceeding
one month or to a fine not exceeding one thousand b aht or to both.

Section 74. Any person who fails to provide assistance, fails to answer an
inquiry letter, fails to explain facts or fails to send a relevant object or document to the
Committee or Sub-committee under section 16, or vio lates or fails to comply with an
order of the Registrar or a competent official entr usted by the Registrar under section 62
shall be liable to imprisonment for a term not exce eding one month or to a fine not
exceeding one thousand baht or to both.
Section 75. Any representative of the employer or representat ive of the
labour union under section 25 or consultant of the employer or of the labour union in
section 26 who accepts or agrees to accept money or properties from any person to
conduct an act, which results in the State enterpri se or labour union losing benefit it
were supposed to gain, shall be liable to imprisonm ent for a term not exceeding five
years or to a fine not exceeding sixty thousand Bah t, or to both.

27

DISCLAIMER: THIS TEXT HAS BEEN PROVIDED FOR EDUCATIONAL/ COMPREHENSION PURPOSES AND
CONTAINS NO LEGAL AUTHORITY. THE OFFICE OF THE COUN CIL OF STATE SHALL ASSUME NO
RESPONSIBILITY FOR ANY LIABILITIES ARISING FROM THE USE AND/OR REFERENCE OF THIS TEXT. THE
ORIGINAL THAI TEXT AS FORMALLY ADOPTED AND PUBLISHE D SHALL IN ALL EVENTS REMAIN THE
SOLE AUTHORITY HAVING LEGAL FORCE.

Section 76. Any person who violates or fails to comply with th e
agreement under section 27 paragraph two, or violat es or fails to comply with the
decision of the Committee under section 32 shall be liable to imprisonment for a term
not exceeding one month or to a fine not exceeding one thousand baht or to both.

Section 77. Any person who violates section 33 shall be liable to
imprisonment for a term not exceeding one year or t o a fine not exceeding twenty
thousand baht or to both. Any person who incites commission of an offence und er paragraph one
shall be liable to imprisonment for a term not exce eding two years or to a fine not
exceeding forty thousand baht or to both.
Section 78. Any person who violates or fails to comply with th e order of
the Committee under section 39 paragraph two shall be liable to imprisonment for a
term not exceeding one year or to a fine not exceed ing twenty thousand baht or to
both. Section 79. Any person who violates section 34 or section 36, or fails to
comply with the order of the Committee under sectio n 38 shall be liable to
imprisonment for a term not exceeding six months or to a fine not exceeding ten
thousand baht or to both.
Section 80. Any person who is a member of the labour union kno wing
that the labour union has not been registered under section 45 shall be liable to
imprisonment for a term not exceeding one month or to a fine not exceeding one
thousand baht or to both. Any person who operates an unregistered labour unio n shall be liable to
imprisonment for a term not exceeding one year or t o a fine not exceeding twenty
thousand baht or to both.
Section 81. Any promoter of a labour union who fails to comply with
section 49 or any member of the Board of a labour u nion who fails to comply with

28

DISCLAIMER: THIS TEXT HAS BEEN PROVIDED FOR EDUCATIONAL/ COMPREHENSION PURPOSES AND
CONTAINS NO LEGAL AUTHORITY. THE OFFICE OF THE COUN CIL OF STATE SHALL ASSUME NO
RESPONSIBILITY FOR ANY LIABILITIES ARISING FROM THE USE AND/OR REFERENCE OF THIS TEXT. THE
ORIGINAL THAI TEXT AS FORMALLY ADOPTED AND PUBLISHE D SHALL IN ALL EVENTS REMAIN THE
SOLE AUTHORITY HAVING LEGAL FORCE.

section 50 shall be liable to a fine of fifty baht per day throughout the time period
during which the violation continues.
Section 82. Any labour union which accepts a person to be a me mber in
violation of section 51 shall be liable to a fine n ot exceeding five thousand baht.

Section 83. Any labour union which violates or fails to comply with
section 60 or section 61 shall be liable to a fine not exceeding two thousand baht.
Any member of the Board of a labour union who conni ves at the act of
the labour union under paragraph one shall be liabl e to imprisonment for a term not
exceeding three months or to a fine not exceeding f ive thousand baht or to both.

Section 84. Any person who is a member of a labour federation knowing
that such labour federation has not been registered under section 70 shall be liable to
imprisonment for a term not exceeding one month or to a fine not exceeding one
thousand baht or to both. Any person who operates an unregistered labour fede ration shall be
liable to imprisonment for a term not exceeding one year or to a fine not exceeding
twenty thousand baht or to both.
Section 85. Any labour federation which violates or fails to c omply with
section 71 in conjunction with section 60 or sectio n 61 shall be liable to a fine of two
thousand baht. Any member of the Board of a labour federation who connives at the act
of the labour federation under paragraph one shall be liable to imprisonment for a term
not exceeding three months or to a fine not exceedi ng five thousand baht or to both.

Section 86. Any promoter of a labour federation who fails to c omply with
section 71 in conjunction with section 49 or any me mber of the Board of a labour
federation who fails to comply with section 71 in c onjunction with section 50 shall be
liable to a fine of fifty baht per day throughout t he time period during which the
violation continues.

29

DISCLAIMER: THIS TEXT HAS BEEN PROVIDED FOR EDUCATIONAL/ COMPREHENSION PURPOSES AND
CONTAINS NO LEGAL AUTHORITY. THE OFFICE OF THE COUN CIL OF STATE SHALL ASSUME NO
RESPONSIBILITY FOR ANY LIABILITIES ARISING FROM THE USE AND/OR REFERENCE OF THIS TEXT. THE
ORIGINAL THAI TEXT AS FORMALLY ADOPTED AND PUBLISHE D SHALL IN ALL EVENTS REMAIN THE
SOLE AUTHORITY HAVING LEGAL FORCE.

Section 87. Any labour federation which accepts a person to be a
member in violation of section 71 in conjunction wi th section 51 shall be liable to a fine
not exceeding five thousand baht.

Section 88. Any person who uses the word “State enterprise Lab our
Union” or “State enterprise labour federation” or f oreign letters which has the similar
meaning in conjunction with a symbol, a sign, a let ter, a statement, or any other
document relating to the business operation without being a labour union or a labour
federation shall be liable to a fine not exceeding twenty thousand baht and to a fine
not exceeding five hundred baht per day until the u se is stopped.

Section 89. When a labour union or a labour federation is diss olved
under this Act, any member of the Board, any member of the sub-committee, or any
member of the labour union or labour federation who obstructs the operation of the
liquidator shall be liable to imprisonment for a te rm not exceeding three months or to a
fine not exceeding five thousand baht or to both.
Section 90. Any person who operates a labour union or a labour
federation which has been dissolved under this Act, except for the liquidation of the
labour union or labour federation, shall be liable to imprisonment for a term not
exceeding three months or to a fine not exceeding f ive thousand baht or to both.

Section 91. All offences under this Act which are only punisha ble by a
fine, or punishable by a fine or imprisonment for a term not exceeding six months, or
punishable by a fine not exceeding ten thousand bah t or by both imprisonment and a
fine may be settled by the Registrar by way of paym ent of a fine.
Subject to the provision under paragraph one, durin g inquiry, if an inquiry
official finds that any person commits an offence u nder this Act and such person agrees
to settle the offence by way of payment of a fine, the inquiry official shall submit the
matter to the Registrar within seven days as from t he date on which that person gives
consent to settle the offence.

30

DISCLAIMER: THIS TEXT HAS BEEN PROVIDED FOR EDUCATIONAL/ COMPREHENSION PURPOSES AND
CONTAINS NO LEGAL AUTHORITY. THE OFFICE OF THE COUN CIL OF STATE SHALL ASSUME NO
RESPONSIBILITY FOR ANY LIABILITIES ARISING FROM THE USE AND/OR REFERENCE OF THIS TEXT. THE
ORIGINAL THAI TEXT AS FORMALLY ADOPTED AND PUBLISHE D SHALL IN ALL EVENTS REMAIN THE
SOLE AUTHORITY HAVING LEGAL FORCE.

If the offender has paid the fine in the settled am ount within thirty days,
the case shall be deemed to have terminated under t he Criminal Procedure Code.
If the offender fails to consent to the settlement or, upon consent
thereto, fails to pay the fine within the time pres cribed in paragraph three, legal
proceedings shall be continued.
TRANSITORY PROVISIONS

Section 92. It shall be deemed that an association of State en terprise
personnel formed under the State Enterprise Personn el Relations Act, B.E. 2534 (1991) is
a labour union under this Act and has the rights an d duties to operate in so far as it is
not contrary to or inconsistent with this Act. After the expiration of ninety days from the date t his Act comes into
force, if any labour union under paragraph one fail s to receive members in the number
as specified in section 42, it shall be deemed that such labour union is terminated and
the provisions in section 68 and section 69 shall a pply mutatis mutandis.

Section 93. If the time prescribed under section 92 paragraph t wo, has
lapsed, the labour union in section 92 paragraph on e whose membership is complete in
accordance with section 42 shall hold an election f or new members of the committee
of the labour union without delay. A member of the Board of an association of State en terprise personnel
who is a member of the Board of the labour union un der section 92 shall vacate office
when an election for new members of the Board of th e labour union has been held or
when a period of one hundred and fifty days from th e date this Act comes into force
has expired, regardless of what is prescribed in re gulations of the labour union.

Section 94. An application for the formation of an association of State
enterprise personnel submitted under the State Ente rprise Personnel Relations Act, B.E.
2534 (1991) prior to the date on which this Act com es into force shall be deemed to be
an application for the formation of a labour union under this Act.

31

DISCLAIMER: THIS TEXT HAS BEEN PROVIDED FOR EDUCATIONAL/ COMPREHENSION PURPOSES AND
CONTAINS NO LEGAL AUTHORITY. THE OFFICE OF THE COUN CIL OF STATE SHALL ASSUME NO
RESPONSIBILITY FOR ANY LIABILITIES ARISING FROM THE USE AND/OR REFERENCE OF THIS TEXT. THE
ORIGINAL THAI TEXT AS FORMALLY ADOPTED AND PUBLISHE D SHALL IN ALL EVENTS REMAIN THE
SOLE AUTHORITY HAVING LEGAL FORCE.

Section 95. All rules, notifications, resolutions, decisions o r orders of the
State Enterprise Relations Committee which have bec ome final under the State
Enterprise Personnel Relations Act, B.E. 2534 (1991 ) which exist prior to the date this Act
comes into force shall remain in force. It shall be deemed that all employment conditions w hich exist prior to
the date this Act comes into force are agreements r elating to employment conditions
under this Act.
Section 96. In respect to all requests, petitions and recommen dations
concerning rights and benefits which are submitted under the State Enterprise Personnel
Relations Act, B.E. 2534 (1991), if the considerati on and decision thereof has not yet
become final before the date this Act comes into fo rce, it shall be proceeded further in
accordance with this Act.
Section 97. Any provision of law which refers to the law on St ate
enterprise personnel relations shall be deemed to r efer to this Act, and the term
“personnel” under such law shall mean “employee” un der this Act.

Countersigned by:
Chuan Leekpai
Prime Minister

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