Labor Rights Protection: From the Rule of Law to the Principle of Social Justice

Abstract

This academic article aims to examine the historical development of ideas and legal mechanisms for the protection of labor rights within a democratic framework, linking the rule of law with principles of social justice from the perspective of legal sociology. The analysis traces its origins to the consequences of the Industrial Revolution of the eighteenth and nineteenth centuries, which led to the enactment of factory legislation, the formation of labor organizations, and the elevation of labor rights from a purely economic concern to an integral component of universal human rights. This transformation is reflected in the Universal Declaration of Human Rights of 1948 and the International Labour Organization’s concept of the “Decent Work Agenda.” The article emphasizes that labor law should not be understood merely as a coercive legal instrument. Rather, it constitutes a social institution that functions to balance power relations between employers and employees and to safeguard the human dignity of workers within modern economic systems. In the Thai context, the article examines key labor legislation, including the Labour Protection Act B.E. 2541 (1998), as amended in B.E. 2568 (2025), the Workmen’s Compensation Act B.E. 2537 (1994), and the Labour Relations Act B.E. 2518 (1975). These statutes establish minimum standards for employment, wage protection, welfare provisions, occupational safety, termination of employment, and the rights to collective organization and collective bargaining. The article argues that the effective protection of labor rights requires not only the formal enforcement of legal rules under the rule of law, but also  a firm commitment to the principles of social justice. Only through this dual foundation can labor law function as a meaningful instrument for promoting fairness, equality, and stability in labor relations—conditions that constitute a fundamental pillar of a sustainable democratic society.