Labour Justice in Thailand A Study of Justice under the Hire of Services Contract
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Abstract
The objectives of this research were to study the problems of justice under the Hire of Services Contract according to the Labour Protection Act B.E. 2541 and analyze appropriate social policies on issues where the Labour Protection Act still fails to provide justice to the labor contract parties in order to protect the labor contracting party so that they receive justice from the employment as much as possible. The methodology of this research was based on documentary research and qualitative research, which collected data through in-depth interviews to accompany the documentary research results. The result of the research indicated that the enforcement of the Labour Protection Act has not been able to provide justice to labor contract parties. In regard to wages, it was found that the minimum wage rate set by the government is insufficient to prevent workers from living according to a standard of living and a good quality of life and inconsistent with labor productivity. In regard to the termination of the hire of services contract, the contract could terminate without prior notice, and parties are not equally entitled to terminate the contract immediately. As a result, the terminated party may be damaged. In regard to the right to access legal justice, the mechanisms by which the state provided the employee with that right were not effective enough to enable them to access legal justice. Finally, with regard to the damage remedy, the determination of damages cannot cause the parties to receive compensation for the actual damages.
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