Legal Measures to Protect Employees Terminated Due to the Employer's Economic Problems

Abstract

The purposes of the research were (1) to study the background of the concept of protecting workers who were laid off due to economic problems of employers, (2) to study the condition of workers who were laid off due to economic problems of employers in Thailand and abroad, (3) to investigate the effectiveness of Thai laws on labor protection measures that were laid off due to economic problems of employers compared with foreign laws, and (4) to suggest ways to improve the law to ensure fairness to workers who were laid off due to economic problems of employers by using the method of document research which collected primary and secondary data from books, academic textbooks, etc. articles, journals, Publications Supreme Court Judgment and other related documents.

            The results showed that the basis and concept of the problems caused by the dismissal of employees during the situation when the employer was experienced economic difficulties. Protecting employees from dismissal due to economic problems was a matter that must be considered both in legal and social aspects in order to achieve fairness and protect the rights of employees. At the same time, it was necessary to take into account the condition of the dismissal problem and the ability of the employer to operate the business, and the condition of the dismissal problem in Thailand. Based on a comparative study of international law, foreign laws in both           the Civil Law System and the Common Law System had found that there were labor protection principles that could be used as a guide for the development of Thai law to create criteria that guaranteed fairness by stipulating measures to protect workers who were laid off due to economic problems of employers as part of the protection of people's rights, to ensure quality, a good life and an important force in the development of the nation, and the public on the next occasion.