Legal Measures for the Protection of Interns in Thailand

Abstract

 This qualitative research, conducted as a documentary study, aims to study the laws related to labor protection and welfare for interns both in Thailand and abroad. The study also examines the legal relationship between employers and interns in order to identify appropriate legal measures for the protection of interns' welfare. The findings revealed that the Labor Protection Act of 1998 and the Workmen’s Compensation Act of 1994 currently do not extend protections to interns. Consequently, interns are susceptible to exploitation by employers, which includes working without pay or without  the stipulated legal holidays and leave. Furthermore, in the event of a work-related accident or injury, interns are not entitled to the same legal rights as regular employees. In contrast, countries such as the United Kingdom of Great Britain and Northern Ireland, the United States (specifically California), and Singapore have incorporated internships into the definition of employment contracts, thereby granting interns legal protection under labor laws. Considering the special relationship between employers and interns, particularly regarding shared liability in tort and  the employer's supervisory authority over interns, it is evident that interns' status is virtually indistinguishable from that of a regular employee under the law. Therefore, both aforementioned laws should be amended to ensure that interns receive the same legal protections as regular employees.