- Dispute regarding rights or duties under employment contracts
or under agreements regarding employment conditions
1.1 Dispute regarding rights or duties under employment contracts means a lawsuit between an employer and an employee alleging that one party has failed to perform according to the employment contracts agreed upon by both parties. It also means a lawsuit filed between an employer and an employee alleging that one party has failed to perform the duties stipulated in the Civil and Commercial Code, Chapter 6, Employment.
1.2 Dispute regarding rights and duties under agreements regarding employment conditions means a lawsuit filed between an employer and an employee. Or between an employer and a labor union claiming that one party has failed to comply with the agreement regarding employment conditions.
Example
The employer fails to adjust wages for employees as negotiated, agreed upon, and stipulated in the agreement regarding employment conditions.
- Disputes regarding rights or duties under the Labor Protection Act, Labor Relations Act, State Enterprise Labor Relations Act, Employment and Jobseeker Protection Act, and Social Security Act Or the Workmen’s Compensation Act
- In cases where the right to court under the Labor Protection Act
Labor Relations Act is required, such as an employer requesting the court to terminate the employment of an employee under the Labor Relations Act, Section 52 - Appeals against decisions of officials under the Labor Protection Act, the Labor Relations Committee or the Minister of Labor, according to the Workmen’s Compensation Fund Committee under the Workmen’s Compensation Act
- Cases arising from torts between employers and employees arising from labor disputes or related to work under an employment contract, including torts between employees and employees from work performed in the course of employment. 5.1 Cases arising from torts between employers and employees arising from labor disputes or related to work under an employment contract, namely,
a lawsuit by an employer or employee alleging that the other party intentionally or negligently caused damage to the party suing according to the definition of the word “tort” in the Civil and Commercial Code. The damage must arise from two cases: arising from a labor dispute Or regarding work under an employment contract.
Example
In a case where an employee has filed a claim with the employer, negotiations have taken place, mediation has taken place, and the employee has legally staged a strike. During the strike, the employee blocked the entrance and exit of the employer’s business premises, an action that he/she has no right to do and is considered a violation. And the employer has filed a lawsuit against the employee who blocked the work as stated above to force the employee to cease such infringing behavior or to have the employee compensate the employer for damages.
Labor disputes in which the Minister of Labor requests the Labor Court to decide in accordance with the Labor Relations Act, the State Enterprise Labor Relations Act, or the Labor Recruitment and Jobseeker Protection Act.
- Cases where the law provides for the jurisdiction of the Labor Court
Example
The Homeworkers Protection Act B.E. 2553, Section 7, states that: “All cases arising from disputes between employers and home workers or their heirs, or regarding rights and duties under this Act, shall be under the jurisdiction of the Labor Court for adjudication.”