Over the past several years, during and after the COVID-19 pandemic, Thai employees and labor unions have faced reductions in benefits and welfare from their employers. Consequently, they have pursued various strategies to enhance their compensation packages. One such approach involves establishing employee committees to negotiate with employers regarding benefits and welfare. Additionally, companies with existing unions typically nominate representatives to serve on these employee committees. Many employers, however, remain unfamiliar with both the committee’s role and the heightened procedural requirements that apply when disciplinary measures are contemplated against committee members. Because any violation of a committee member’s statutory rights can expose the employer—and its directors or authorized representatives—to criminal liability, a clear understanding of the relevant legal framework is essential.

The Labor Relations Act B.E. 2518 (LRA) provides the statutory foundation for establishing employee committees. The purpose of the committee is to promote harmonious industrial relations and create a formal channel through which employees and employers can discuss workplace matters on a regular basis.

Any workplace that employs at least fifty employees must, upon request by employees or the labor union, facilitate the creation of a committee. Members may be elected directly by employees or, where applicable, appointed by the labor union. Each member serves a three-year term. The LRA prescribes minimum committee sizes based on the employer’s headcount, as shown in the table below.

If union members constitute more than 20 percent of the total workforce, the union must appoint at least one more committee member than the number of nonunion members elected by the general workforce. If union membership exceeds 50 percent of the workforce, the union acquires the exclusive right to appoint every committee member. Where multiple unions exist and their combined appointments would exceed the statutory committee size, the employer may lawfully refuse to recognize the excess appointees.

Employees appointed by the union assume office on the date of appointment, even if the election of nonunion members has not yet occurred.

The employer must meet with the committee at least once every three months, or sooner if requested by the union or by more than half of the committee members for reasonable cause, to address:

• Provision and improvement of employee welfare;
• Formulation or amendment of work rules;
• Employee complaints; and
• Settlement of workplace disputes.

If the committee deems any employer action unfair or unduly burdensome to employees, the committee, an individual employee, or the union may file a petition with the Labor Court for relief.

Special Protections for Committee Members

The LRA prohibits employers from dismissing, reducing the wages of, imposing disciplinary sanctions against, or otherwise obstructing a committee member in the performance of their duties—and from taking any action that would render the member unable to continue working—without first obtaining permission from the Labor Court. Noncompliance constitutes a criminal offense punishable by imprisonment of up to one month, a fine of up to THB 1,000 (approx. USD 30), or both. Supreme Court precedent confirms that these penalties attach immediately upon the unlawful act; a subsequent court order authorizing the dismissal does not cure the prior violation.

The court-approval requirement applies even when the member has breached company work rules. Although the employer may seek the committee member’s dismissal based on such misconduct, the court retains discretion to impose a lesser penalty if it finds termination disproportionate to the offense. Conversely, once the court has authorized termination, the dismissal does not constitute an unfair labor practice, and the employee is barred from filing a complaint with the Labor Relations Committee.

In light of these provisions, employers should proceed with caution when contemplating any disciplinary or obstructive measure against a committee member. Compliance with the LRA’s procedural safeguards is paramount to avoid exposure to criminal liability and ensure lawful continuation of business operations.