The Development of Inquisitorial Procedure for Labor Disputes

Abstract

The Act on the Establishment of and the Procedure for Labor Court B.E. 2522 is among the earliest labor laws enacted in the Thai legal system. Since it was promulgated, it has undergone no significant change to keep up with social and legal development. The major problem of the Act is an ambiguity in court procedure in many areas which has drawn criticism of the operation of the labor courts. They were criticized for failing to achieve the aims of the Act. The labor disputes are distinct from civil disputes. The trial must be conducted inexpensively, conveniently, speedily, impartially and justly to allow the parties to settle the dispute and restore their relationship without hostility. It is widely accepted that procedure for labor courts should be inquisitorial in nature. However, in practice, there are some constraints that prevent labor courts in Thailand from fully performing the inquisitive functions. The problem explains the need for the research project on “The Development of Inquisitorial Procedure for Labor Disputes” with the aim to explore a theoretical framework for solving it and to propose amendments to the Act.