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

September 4, 2026

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.

RELATED INSIGHTS​ 

February 9, 2024
Tilleke & Gibbins employment specialists in Myanmar have contributed an updated Employment and Employee Benefits in Myanmar overview for Thomson Reuters Practical Law, an online publication that provides an overview of employment and employee benefits in jurisdictions worldwide. The Myanmar overview was written by members of Tilleke & Gibbins’ Yangon office, including Yuwadee Thean-ngarm, director; Nwe Oo, senior associate; and Kyaw Min Tun, associate. The chapter covers a wide range of key employment topics, including employment status, background checks, regulation of the employment relationship, minimum wage, working hours and holidays, illness and injury of employees, discrimination and harassment, termination of employment, resolution of employer-employee disputes, redundancy/layoffs, employee representation and consultation, business transfer and insolvency, employee relocation, health and safety obligations, taxation of employment income, intellectual property issues, and more. Practical Law, one of the many legal reference resources from Thomson Reuters, publishes a wide range of guides for hundreds of jurisdictions and practice areas. The Employment and Employee Benefits Global Guide covers 44 jurisdictions around the world, with Tilleke & Gibbins also providing the Vietnam chapter of the guide. To view the latest version of the Employment and Employee Benefits in Myanmar overview, please visit the Practical Law website and enroll in the free Practical Law trial to gain full access.
February 8, 2024
The primary goal of business rehabilitation proceedings in Thailand is to provide debtors who are facing insolvency with various mechanisms to address their financial difficulties. This includes restructuring their liabilities and assets while also ensuring that creditors receive repayment equal to or greater than the amount they would have received if the debtor had been declared bankrupt by the court. Rehabilitation proceedings are governed by the Act on the Establishment of and Procedure for Bankruptcy Court B. E. 2542 and the Bankruptcy Act B.E. 2483. The Civil Procedure Code regulates any matters not governed by these two laws. In the eyes of the Thai judiciary, rehabilitation proceedings are classified as a type of bankruptcy action—thus, the country’s bankruptcy courts have jurisdiction over rehabilitation matters. Business Rehabilitation Proceedings in Thailand is a detailed guide to the rehabilitation process for businesses in Thailand. It contains important information for entrepreneurs, creditors, and other stakeholders in businesses in Thailand that are facing challenges and that may be candidates for business rehabilitation. The full Business Rehabilitation Proceedings in Thailand guide can be downloaded through the button below.
February 2, 2024
The pervasive global issue of illicit personal data trading has extended its reach into Vietnam, where such sensitive information is being sold at minimal costs. A 2023 report from the Ministry of Public Security revealed that over two-thirds of the Vietnamese population has fallen victim to unlawful data collection and distribution. In the past two years, authorities have pressed charges on five criminal cases involving the buying and selling of billions of items of personal data, encompassing a wide range of sensitive information such as names, phone numbers, email addresses, and more. Notably, a person’s profile can be acquired for just USD 1, while profiles of millions of business customers can be obtained for a mere USD 100. Recognizing the severity of the problem, Vietnam has made serious efforts to combat illicit personal data trading by criminal means, encompassing both the legal framework and practical implementation.   Understanding the Criminal Legal Framework Vietnam’s 2015 Criminal Code, as amended in 2017, functions as a pivotal legal instrument delineating offenses and their corresponding punishments. Under Section 2 of Chapter XXI of the Criminal Code (“Offenses Against Regulations on Information Technology and Telecommunications Networks”), individuals engaging in the illicit trading of personal data, depending on the nature of the data (e.g., information about phone number, address, or—more dangerously—bank account) and the nature of the infringing acts, may be charged under different crimes. The sanctions can include monetary fines; non-custodial reform; imprisonment; and/or prohibition from holding certain positions, practicing certain professions, or doing certain jobs. For example, for the illicit trade of private information of an individual on a computer or telecommunications network, Article 288 of the Criminal Code specifies penalties including a monetary fine of up to VND 1 billion (equivalent to around USD 41,000); non-custodial reform of up to three years;
January 12, 2024
On December 28, 2023, Cambodia’s Ministry of Labor and Vocational Training (MLVT) issued Notification No. 110/23 on the issuance of work permits for foreign employees, in accordance with the country’s Labor Law and Prakas 195 dated August 20, 2014, on work permits and employment cards for foreign employees. This is a more comprehensive notification than existed previously, as it specifically clarifies the parties that are required to apply for work permits and employment cards. Notification No. 110/23 specifies that the following types of foreign individuals must hold a valid foreign work permit and/or employment card in order to work in Cambodia: A foreign employer whose name is stated in an enterprise’s patent tax certificate must hold a foreign work permit. A foreign employee whose name is stated in an enterprise’s patent tax certificate must hold a foreign work permit and an employment card. Self-employed individuals must hold a foreign work permit and an employment card. Applications for work permits and employment cards can be submitted through the MLVT’s online portal, accompanied by the following required documents: Valid passport; Latest patent tax certificate; Physical examination form; and Photo (4×6 cm) However, foreign shareholders and members of the board of directors as defined in the company’s articles of incorporation who do not have a Cambodian resident visa are not required to obtain a work permit or employment card. For more information on regulations and requirements for foreign employees in Cambodia, please contact Tilleke & Gibbins at [email protected].