The Problem of Criminal Prosecution against the Employer Under Section 124/1, Labor Protection Act B.E. 2541 (1998)

Abstract

This article aims to study the problem of criminal prosecution against the employerunder Section 124/1, Labour Protection Act B.E. 2541 (1998) in the case the employer breaches or fails to comply with the employee’s legal right to receive any money. For example, the employer terminates the employment ofthe employee who is entitled to receive the compensation or the employer fails to pay the wage or overtime wage subject to the law. It shall be deemed the employee doesn’t achieve the fairness. Currently, the law permits the employee to claim the civil right from 2 sources. The employee is entitled to bring a case to the Labuor Court or file an application to the labour inspector but the employee can’texercise the right from both sources at the same time. Upon claiming the right, the employer complied with an order given bythe labour inspector or judgement or order of the Labour Court, the case shall be deemed dropped.

This problem affected the employee’s right. In case the employer defers the payment of any money payable to the employee subject to the eligible right and causes the employee receives the payment behind schedule which affects theirlivelihood andviolates the convention of International LabourOrganization, it’s deemed the employer fail to comply with the ratification.

The author regards that the Section 124/1 of Labour Protection Act B.E. 2541 (1998) should be revoked because it contains contexts causing the problem of criminal prosecution against the employer and affecting the employee’s right and the entire economy that leads to the problems of international labour policies. This solution is to ensure the fairness and good international relations.