Révisé par ThaiLawOnline, un cabinet d'avocats thaïlandais agréé exerçant en Thaïlande depuis 2006. Avocate thaïlandaise en charge du dossier : Wichuda Atthamethakon, LL.M., licence du barreau thaïlandais 3149/2556.
Dernière mise à jour le 5 septembre 2026
Labour Court (ศาลแรงงาน, san raeng ngan, also spelled Tribunal du travail) is the specialised court created by the Act on the Establishment of Labour Courts and Labour Court Procedure B.E. 2522 (1979) to hear disputes between employers and employees: unpaid wages, notice and severance, unfair dismissal, appeals from labour inspector orders and social security decisions. It charges no court fees, must attempt conciliation before trial and sits with lay judges from both sides of industry. For a foreign employee it is where Labour Protection Act rights are actually enforced.
Table des matières
Structure, panel and jurisdiction
The Central Labour Court sits in Bangkok, with regional labour courts covering the provinces and branch courts in several of them. A case is heard by a panel of one career judge and two associate judges, one drawn from employer organisations and one from employee organisations. The court hears claims under the contrat de travail et le Labour Protection Act, claims for unfair dismissal compensation under Section 49 of its own Act, disputes under the Labour Relations Act, and appeals from orders of labour inspectors and the Social Security Office.
Procedure is designed for speed and for parties without lawyers. A complaint may be made orally to a court officer, no fee is charged, the judge questions witnesses directly, hearings run continuously and judgment is usually delivered within months rather than years. The court can order reinstatement or compensation for unfair dismissal in addition to statutory severance. Appeal lies on points of law only to the Cour d'appel for Specialised Cases within 15 days, and to the Cour suprême only with leave.
Practical points for a foreigner
Where and when. File at the court for the place where the work was done or the employer is located. Wage claims are subject to a two-year prescription period; severance and unfair dismissal claims have longer, but delay weakens evidence. Proceedings are in Thai; the court arranges an interpreter, and a power of attorney lets a lawyer run the case for a claimant who has already left Thailand.
Inspector first, or court first. An employee may complain to the labour inspector at the provincial Labour Protection and Welfare office or sue in court, but not both at once for the same claim. The inspector route is free and quick for clear-cut wage and severance claims; the court is needed for unfair dismissal, which the inspector cannot award. The common mistake is signing a settlement in the inspector’s office and then trying to sue for more. The Thai labour law guide explains the entitlements the court enforces.
Labour Court, labour inspector and civil court compared
Three routes exist for an employment dispute, and picking the wrong one costs time or money.
| Itinéraire | Coût | What it can award | Temps typique |
|---|---|---|---|
| Labour inspector | Gratuit | Wages, notice pay, severance, leave pay under the Act | Order within about two months |
| Labour Court | No court fee | Everything above plus unfair dismissal compensation, reinstatement, contract claims | Months, conciliation first |
| Ordinary civil court | 2% of the claim, capped at 200,000 baht | Not competent for employment claims; used for contractor disputes | One to two years |
An independent contractor, as opposed to an employee, cannot use the Labour Court and pays the civil court fee; the court itself decides which the claimant is if the employer disputes it.
Foire aux questions
Do I have to pay court fees at the Labour Court in Thailand?
No. Claims in the Labour Court are exempt from court fees, and an employee may file without a lawyer, even orally through a court officer. Lawyer’s fees, if a lawyer is used, are a private matter between client and lawyer.
How long does a Labour Court case take in Thailand?
Simpler wage and severance cases are often settled at the first conciliation hearing or decided within a few months. Contested unfair dismissal cases with several witnesses take longer, and an appeal on a point of law adds a year or more.
Can a foreigner sue an employer in the Thai Labour Court?
Yes. The court is open to any employee working in Thailand regardless of nationality, and the Labour Protection Act rights are the same. A foreigner who has left the country can act through a lawyer under a power of attorney.
Voir aussi : Labour Protection Act, termination of employment, severance pay, courts of first instance, and the guides on Le droit du travail thaïlandais ET comparaître devant un tribunal en Thaïlande.
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