Legal Problems Regarding Collective Dismissal Method in Labour Contract

Abstract

This research aims to study the causes of group termination problems in employment contracts, the current laws on group termination in employment contracts in Thailand, and to analyze and compare group termination in employment contracts under international and foreign laws. In addition, it studies the principles for improving and amending the provisions on group termination in employment contracts in Thailand. This independent study uses the research method and collects documents from legal provisions and related documents in both Thai and English. The study found that many countries have established rules for group terminations to avoid or reduce group terminations and to mitigate their impacts, but Thailand does not have such a procedure. Therefore, the Thai labor protection law should define the definition of group terminations and specify the percentage of employees who are terminated as group terminations. It should provide for notification to employee representatives if a group termination is to take place. It should provide for prior consultation with employee representatives or trade unions before the termination takes effect. Employers should prioritize group terminations and prioritize re-employment in cases of terminations due to economic, structural or similar reasons. If an employer is to re-hire employees with equivalent qualifications, the employer must provide the criteria for selecting employees to be terminated. In the case of group terminations, additional severance pay should be provided.