Law for Development Graduate Journal

Military Leave Entitlements for Thai Maritime Workers

ธนกร เอ็มเล่ง — 2026-03-24

This independent study aims to analyze the problems arising from the lack of military conscription leave entitlements for Thai maritime workers (Thai seafarers) under the Maritime Labor Act of 2015 (B.E. 2558). This has resulted in maritime workers being forced to resign, lose their income, and be denied job security after conscription. This restricts their freedom of employment, their civic duties, and significantly impacts their human rights.

This study utilized a comparative approach to labor laws in other countries, including Norway, the United States, and Singapore, which all have laws that support maritime workers' rights to military conscription leave without resigning from their jobs. This ensures that workers in these countries continue to enjoy income, occupation, and welfare protections.

The study found that general workers in Thailand are entitled to military conscription leave entitlements under the Labor Protection Act of 1998 (B.E. 2541). However, this right does not extend to maritime workers, as the Maritime Labor Act of 2015 places maritime workers under a specific legal system, not under labor protection laws, and lacks provisions referencing rights in general labor laws. As a result, maritime workers are denied the basic right to leave for duty as stipulated by the Constitution, impacting their right to work. Freedom of occupation and the principle of non-discrimination are fundamental principles of international human rights.

Therefore, we suggest solutions to this problem, including:

Enacting legislation regarding conscription leave rights in the Maritime Labor Act B.E. 2558 (2015) to align with the practices of countries with high labor standards, human rights principles, and the recommendations of the International Labour Organization (ILO).

Legal Analysis of Non-Commercial Posting of Copyrighted Works on Social Media under Thai Copyright Law

Pattawee Sookhakich — 2026-03-24

This research investigates the legal status of posting copyrighted works on social media for non-commercial purposes under Thai Copyright Act B.E. 2537 (1994), comparing it with international standards and the U.S. fair use doctrine. The study addresses the growing issue of unauthorized use of copyrighted works online, particularly in the absence of clear legal criteria in Thai law. The analysis finds that the U.S. statutory fair use factors offer clearer guidance to courts and users, whereas the Thai exception in Section 32 remains broadly phrased and the Thai legal framework lacks specific criteria, leading to inconsistent court interpretations. This vagueness has led to inconsistent judicial outcomes and uncertainty for content creators. To address these problems, the paper suggests that Thailand should reform Section 32 – for example by codifying a multi-factor test similar to U.S. fair use and otherwise clarify its statutory framework. Such reforms would align Thai law with its international obligations and better balance creators’ rights with public interests in the digital era.

Issues Concerning the Eligibility of Petitioners and the Delay in Granting Class Action Certification

Rotcharek sutthamongkhon — 2026-03-24

This independent study aims to analyze and propose recommendations

for improving class action legislation by examining the legal frameworks of Thailand and foreign jurisdictions. The analysis focuses on two key issues: the standing of parties eligible to request class certification and the timeframe for its consideration. Although Thailand formally incorporated class action procedures into its Civil Procedure Code in 2015 (B.E. 2558), practical limitations in enforcement remain. These primarily involve restrictive eligibility criteria for class representatives and delays in judicial approval of class certification.

The study recommends broadening the eligibility criteria to include legally recognized agencies or organizations authorized to initiate class actions on behalf of injured parties. This approach would alleviate the burden on individual plaintiffs and promote fairer access to justice. To address delays in the certification process, the study also proposes developing a comprehensive case management manual and fostering a shared understanding among all stakeholders including class members, litigants, and the judiciary. These recommendations, drawing on principles from the United States and Germany and tailored to the Thai legal context, aim to enhance legal enforcement mechanisms and ensure class actions serve as an effective tool for protecting the rights of injured individuals.

Labour Dispute Mediation Comparative Legal Analysis between Thailand and the Republic of Singapore

กชกร รุ่งเรืองชัยศรี — 2026-03-24

Labour disputes concerning the right to receive payments under the Labour Protection Act B.E. 2541 should be resolved as quickly as possible since such payments are essential for workers’ livelihoods and represent the minimum labour standards in Thailand. Due to their disadvantaged economic and social status, workers often face significant hardship in pursuing these rights through lengthy legal processes. One major issue in Thailand is the absence of an independent tripartite organization to mediate disputes at the early stage of the process. Existing mediation mechanisms whether pre-litigation or post-litigation in and outside the court do not differ significantly in practice. They lack participation from the three key pillars of the labour system: the government, employers, and employees. Moreover, court-appointed mediators often fail to perform their duties effectively resulting in a lack of confidence in the fairness and neutrality of the process. With voluntary mediation, many workers prefer to proceed directly to litigation which leads to delays in receiving payments, economic and social damage contributes to case backlogs in the Labour Court ultimately burdening the justice system and harming Thailand’s overall economy.

This independent study aims to analyze and address the problems of labour dispute mediation under Thai law and to compare Thai labour mediation mechanisms with those of the Republic of Singapore in order to identify the causes of Thailand’s inefficiency and propose policy recommendations for improving mediation in Thai labour law. The study finds that in Singapore, there is an independent tripartite organization called the Tripartite Alliance for Dispute Management (TADM), established through collaboration among the government, employers, and employees. TADM serves as a mandatory mediation mechanism at the early stage of employment disputes and acts as a precondition for filing a claim in court.

Therefore, this study recommends a policy reform to improve Thailand’s labour mediation system. Specifically, Section 38 of the Act on Establishment of and Procedure for Labour Court B.E. 2522 should be amended to include provisions allowing out-of-court mediation even after a lawsuit has been filed, giving parties the option to settle disputes outside the court system. Furthermore, Thailand should adopt and adapt the TADM model by integrating its tripartite structure into the existing voluntary mediation framework. The establishment of an independent tripartite organization for labour dispute mediation outside the court would enhance efficiency, strengthen trust in the process and provide a new and credible alternative for workers beyond the current mechanisms of pre-litigation mediation, post-litigation mediation or labour inspection claims that are primarily managed by government agencies.

Legal Measures for Preventing Offences of Surreptitious Photography of Other Persons in Accommodation Facilities or Other Privacy-Protected Spaces

Onanong Thungphan — 2026-03-24

At present, the problem of surreptitious photography of other persons in accommodation facilities or other privacy-protected spaces, for the purpose of sexual gratification and without consent, continues to occur. However, the laws and preventive measures in Thailand do not yet adequately cover the circumstances of such offences, and are still unable to effectively prevent or suppress them. Although there have been attempts to interpret Section 278 of the Penal Code, concerning the offence of indecent acts, so as to extend its application to such cases, or to apply Section 397 on petty offences, as well as other relevant laws, there remain several limitations that constitute obstacles to their effective enforcement in practice.

Accordingly, this independent study aims to examine the concepts and legal measures for preventing the offence of surreptitious photography of individuals in accommodation facilities or other privacy-protected spaces, both in Thailand and abroad. It further analyzes the problems and limitations of the legal measures currently in force in Thailand, with a view to proposing appropriate and effective legal reforms and preventive measures against such offences.

The study finds that the Republic of Singapore and the Republic of Korea have enacted specific legislation categorizing surreptitious photography within the sphere of sexual offences, explicitly prescribing offences and penalties to prevent such acts in lodging premises or other privacy-protected areas. In addition, the Republic of Korea has established clear preventive guidelines and measures aimed at deterring the commission of these offences before they occur.

Front section Law for Development Graduate Journal

Law for Development Graduate Journal — 2026-03-24

End section Law for Development Graduate Journal

Law for Development Graduate Journal — 2026-03-24