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

December 3, 2019

Unfair Labor Practices: What Employers Need to Be Aware Of

Subscribe to Updates
Bangkok Post: Human Resources Watch

While most employers understand what “unfair termination” means, many may be unfamiliar with the term “unfair labor practice” and what it entails. The Labor Relations Act (LRA) gives three general categories of conduct considered to be unfair labor practices: retaliation, wrongful pressure, and termination while under collective bargaining agreements.

Retaliation

Actions deemed retaliation are prohibited. These include the following scenarios:

  • Termination or doing anything that results in employees, employee representatives, or committee members of labor unions or labor federations being no longer able to work with the employer while the labor union or employees take steps to prepare petitions, submit labor demands, or sue or give evidence to officers under labor protection laws.
  • Termination or doing anything that results in the employee no longer able to work with the employer because of labor union membership.
  • Hindering employees from holding labor union membership or asking employees to resign from union membership.
  • Giving (or promising) money or property to employees either to not apply or to resign from union membership; also prohibited are such gifts or promises to a labor union officer to not accept employee membership applications.
  • Hindering a labor union or labor federation from conducting activities, or hindering employees from exercising their rights as union members.
  • Interfering in a labor union’s or labour federation’s activities without legal authority.

Wrongful pressure

An example of wrongful pressure would be an employer directly or indirectly forcing an employee to be a union member or resign from union membership. The concept of wrongful pressure can also be connected to issues of retaliation—that is, doing anything that leads to the employer committing one of the actions detailed in the previous section.

Termination under collective bargaining agreements

While a collective bargaining agreement (CBA) between employees or a labor union and employers is in effect, the employer is prohibited from terminating anyone who is involved with labor demands. This includes employees, labor union committee and subcommittee members, employee representatives, and committee and subcommittee members of labor federations. However, exceptions to this rule exist if an employee commits one of the following offenses:

  • Performs duties dishonestly or intentionally commits a criminal offense against the employer.
  • Intentionally causes serious damage against the employer.
  • Through negligence causes serious damage against the employer.
  • Violates work rules or regulations, or disobeys orders that are legal and fair, despite having already been given a written warning by the employer (though the written warning requirement is waived for serious matters).
  • Abandons his or her duties for a period of three consecutive work days without reasonable cause.
  • Acts in any manner that supports or induces violation of a CBA or an order of a labour dispute arbitrator.

If an employer has need to terminate an employee for reasons other than the grounds listed above, the employer can terminate the employee even while the CBA is in effect. For example, if an employer suffers losses and cannot operate the business of a particular department, the termination is not an unfair labour practice (in fact, this very issue came up in a case before the Supreme Court in 2005). Another example—which again has been at issue in a case before the Supreme Court—would be the termination of an employee who has health problems and takes too many sick days in a year. In this situation, terminating the employee while the CBA is in effect is also not considered an unfair labor practice.

Procedural requirements

If anyone commits an unfair labor practice, the aggrieved person can submit a complaint to the Labor Relations Committee (LRC) within 60 days from the date of the violation. The LRC then needs to consider the complaint and issue an order within 90 days of receiving it. This step is crucial – if a person submits a petition to the labor court accusing another party of committing an unfair labor practice without having first proceeded with the LRC, the court must dismiss the petition.

The LRC will investigate the facts and evidence from both parties and will then issue an order – either dismissing the complaint (if the court believes the accusation is not true) or ordering the employer to take action to rectify or make amends for the unfair labor practice. This often takes the form of forcing an employer to reinstate a terminated employee or compensate the employee or concerned persons.

If a violator does not comply with an LRC order within a deadline stated by LRC, the violator will face criminal penalties such as imprisonment for up to six months, a fine of up to THB 10,000, or both.

In addition, if the LRC finds that an employer committed an unfair labor practice, and also orders the employer to reinstate the employee, the employer can petition the labor court to revoke the LRC’s order. However, if the court considers that the employer committed an unfair labor practice and the employee can no longer work with the employer, the court may order the employer to pay compensation to the employee instead of reinstatement.

 

This article was originally published in the Bangkok Post and is reproduced here with permission and thanks. The original story can be viewed on the Bangkok Post website.

Related Professionals

Practices

Employment

Location

RELATED INSIGHTS​ 

September 2, 2025
On August 26, 2025, the Thai cabinet approved a one-year postponement of mandatory contributions to the Employee Welfare Fund. Originally scheduled to take effect on October 1, 2025, the enforcement date has been deferred to October 1, 2026. The decision to delay the implementation stems from ongoing economic uncertainties in Thailand, driven by several external and domestic factors. These include increased trade tariffs imposed by the United States, the recent rise in the national minimum wage, and continued geopolitical tensions resulting from unresolved disputes with neighboring countries. These challenges have placed significant pressure on both businesses and the labor market, prompting the government to offer temporary relief through this deferral. As a result of the postponement, the following regulations will now come into effect on October 1, 2026: Royal Decree determining the Commencement Period for Savings and Contributions to the Employee Welfare Fund; Ministerial Notification specifying the Rates of Savings and Contributions; and Ministerial Notification outlining the Criteria and Procedures for Employers to Provide Assistance in Cases of Termination of Employment or Death. The Labour Welfare Fund Committee has formally endorsed the postponement. Contribution Rates Unchanged Although the implementation has been delayed, the contribution rates remain unchanged: October 1, 2026–September 30, 2031: Employers and employees each contribute 0.25% of the employee’s wage to the fund. From October 1, 2031, onward: Contributions increase to 0.5% of the employee’s wage for both parties. All other rules and conditions concerning the Employee Welfare Fund remain in full effect.
Read More
August 29, 2025
On August 15, 2025, Laos’ Immigration Police Department introduced a pilot online arrival registration system for foreign passport holders entering the country. Under the new system, visitors to Laos will be able to register their arrival online up to three days in advance and will be exempt from filling out paper forms at the border. Starting September 1, 2025, online registrations will be accepted at four major international border checkpoints: Wattay International Airport in Vientiane, Luang Prabang International Airport, Pakse International Airport in Champasak Province, and the First Lao-Thai Friendship Bridge linking Vientiane and Nong Khai Province in Thailand. Foreign passport holders arriving in Laos from this date onward will be able to complete the online registration via the official website of the Department of Immigration: http://www.immigration.gov.la/. Upon successful registration, travelers will receive a QR code valid for three days, which must be presented to border authorities upon arrival to verify the registration. During the pilot phase, which is expected to run until early 2026, travelers who have not registered online will still have the option to complete a paper form at the checkpoint. After the pilot phase, the online registration system will become mandatory nationwide, and paper forms will no longer be accepted. This initiative marks a significant step toward modernizing Laos’ immigration procedures. Transitioning from traditional paper-based entry forms to a streamlined digital system will greatly enhance efficiency at border checkpoints. The submission of traveler information ahead of arrival is expected to drastically reduce processing times and alleviate congestion at arrival counters, especially during peak travel periods.
Read More
August 20, 2025
On August 7, 2025, the government of Vietnam promulgated Decree No. 219/2025/ND-CP on foreign workers working in Vietnam (Decree 219), introducing substantial reforms to the management of foreign employees. Taking immediate effect upon issuance, and superseding earlier regulations on foreign employees under Decree No. 152/2020/ND-CP as amended by Decree No. 70/2023/ND-CP (collectively referred to as “Decree 152”), Decree 219 sets out clear timeframes and application requirements for work permit issuance, while adopting more flexible policies to support business operations. The key new provisions are as follows: 1. Relaxed Requirements Regarding Job-Posting Under Decree 152, employers were required to follow a complex process to apply for work permits or work permit exemption certificates for foreign employees. This included posting an advertisement for any position the employer wished to fill with a foreign employee on a designated online portal for a given amount of time, to demonstrate that the company tried, but failed, to find a suitable Vietnamese candidate for the position. This job-posting step now only applies when the foreigner will work in Vietnam under a local labor contract. Foreigners coming to Vietnam as intra-corporate transferees (i.e., as secondees) or working under service contracts are exempt. The job-posting period is also reduced from 15 calendar days to five business days. Employers may also now post the advertisements on multiple websites instead of only the online portal of the Ministry of Labor, Invalids and Social Affairs (now the Ministry of Home Affairs after government restructuring) or the provincial-level employment service center. 2. Work Permit Application Dossier Previously, employers were required to complete a preapproval step, whereby they had to submit a dossier explaining their foreign labor demand that required approval from the labor authority. Once approval for the foreign labor demand was granted, the approval dossier was an integral part of
Read More
August 20, 2025
With the shift in US policy to discourage DEI programs among government and private-sector employers, some companies have been cutting back. But US companies should be cautious in eliminating their DEI programs globally, as some elements of these programs are obligations under local laws in Vietnam, Thailand, and Cambodia.
Read More