Legal Problems in Adopting Labor Law as a Minimum Standard for Protection and Remuneration for Regulated Universities

Abstract

This article aims to study the legal problems in applying labor law as a minimum standard for protection and compensation to the university under the supervision : a case study of the Council of State's opinions on the case of Mae Jo University  From the study, it was found that Maejo University and various autonomous universities have enacted laws that universities are not subject to labor protection laws. However, university employees must receive protection and compensation not less than those prescribed in the law on labor protection. In which the Council of State has interpreted that the counting of the working hours of the university staff in supervision does not count towards the time worked before the university leaves the system This is contrary to the labor law that requires employees' rights and duties to be transferred to the new business as well. It also found that there is a child law that is contrary to or inconsistent with the labor protection law in terms of protection and compensation, causing employees to lose their right to receive compensation In the interpretation, section 4 is also used to determine that Mae Jo University is a non-profit organization, although Maejo University law prohibits the use of labor protection laws. However, in the case of Prince of Songkla University, which has discussed similar issues, did not apply the principles of Article 4 as well. As a result of such discussions, other organizations that have adopted labor protection laws as the minimum standards may used as the norm