You are using an outdated browser and your browsing experience will not be optimal. Please update to the latest version of Microsoft Edge, Google Chrome or Mozilla Firefox. Install Microsoft Edge

October 7, 2022

Thailand Lifts Prohibition on Lockouts and Strikes

Subscribe to Updates

On October 3, 2022, Thailand’s Ministry of Labour issued an announcement canceling the prohibition on lockouts and strikes, which had been in place since the onset of the COVID-19 pandemic. While this cancellation does not apply to ongoing labor disputes already being considered under the interim arrangements, it will apply to all other labor disputes from October 5, 2022, when it was published in the Government Gazette.

Lockouts and strikes are basic rights of employers and employees under the Labour Relations Act B.E. 2518 (1975). However, these rights can be suspended—as they have been since May 8, 2020, when the Ministry of Labour announced that all labor disputes that could not be resolved through negotiation must be presented to the Labour Relations Committee in lieu of organizing strikes or lockouts. The announcement referred to the necessity of such special administration during the COVID-19 situation in order to prevent possible negative impacts on both employers and employees.

On September 30, 2022, Thailand ended its COVID-19 emergency decree and dissolved the country’s Centre for COVID-19 Situation Administration. In light of this, the Ministry of Labour decided to end the requirement that unresolved labor disputes be sent to the Labour Relations Committee.

The ministry’s cancellation of the prohibition will once again allow employers and employees to organize lockouts and strikes under the Labour Relations Act, starting October 5, 2022.

For more details on this development, or for assistance with employment-related questions or disputes in Thailand, please contact Tilleke & Gibbins at [email protected] or +66 2056 5555.

Related Professionals

Practices

Employment

Location

RELATED INSIGHTS​ 

July 9, 2018
The People’s Court of Ho Chi Minh City was recently requested to overturn an arbitral decision by the Vietnam International Arbitration Center (VIAC) relating to a non-competition clause. In the end, however, the court ruled that VIAC’s decision was correct, thus upholding a non-compete clause signed between a company and its employee. The decision represents one of the first times in Vietnam in which the enforcement of a non-compete clause was tested. Although it is not a legally binding precedent, it does show that non-compete clauses can potentially be upheld in Vietnam.
Read More
June 5, 2018
As Thailand gradually transforms into an ageing society, the potential economic and social burden of retiring workers is one issue that is likely to be on the minds of many employees, employers, and policymakers.New amendments to Thailand’s Labor Protection Act have addressed this issue by introducing a retirement regime for the Thai private sector employees, placing severance obligations on employers, enhancing protection for employees, and creating a more effective framework for enforcement of labour laws.
Read More
May 25, 2018
The National Committee on Minimum Wage issued Notification 2/2018 (the Notification) on May 14, 2018, which enters into force on the same date and sets the new minimum wage in Myanmar to be MMK 600 (approximately USD 0.45) per hour and MMK 4,800 (approximately USD 3.6) per eight-hour workday, irrespective of the type or location of work. This new minimum wage increase does not apply to small and family-owned businesses with less than 10 employees.
Read More
May 24, 2018
The Royal Decree on Managing the Work of Foreigners (No. 2) B.E. 2561 (2018) came into effect on March 28, 2018, and is the third significant reform to Thailand’s law on work permits in the past three years. The new amendments are aimed at addressing the concerns of foreign workers over penalties related to work permit requirements imposed by the Royal Decree (No. 1) B.E. 2560 (2017) earlier in 2017. The key changes introduced by the amendments are detailed below.
Read More