by：Nitchakamon Suliya, Panatchayamol Phungam
Thailand has enacted a range of labor laws designed to protect the rights of both Thai and foreign employees. Among these, the Labor Protection Act (“LPA”) plays a particularly important role, especially through the function of the labor inspector, who is empowered under the Act to receive and investigate complaints—exclusively from employees.
When disputes arise between an employer and employee, the employee can choose to either:
- File a complaint with a labor inspector, or
- Bring a case to the Labor Court.
In practice, most employees choose the former, as the process is generally faster, more accessible, and free of charge, in contrast to proceedings before the Labor Court, which are often more time-consuming and procedurally complex.
This article focuses specifically on the labor inspection complaint process, with the aim of providing employers with practical guidance on how to prepare effectively and respond appropriately to such complaints in order to minimize legal exposure and operational disruption.
Who is a Labor Inspector?
Labor inspectors are government officials operating under the LPA. Their responsibilities include:
- conducting workplace inspections
- gathering factual information through inquiries
- summoning individuals or juristic persons for clarification
- requesting relevant documents or evidence
- issuing formal written orders to ensure legal compliance.
They are authorized to investigate cases and issue binding orders when necessary, and issue orders to the employer regarding the rights and obligations stipulated under labor laws.
When employees file complaints with a labor inspector, they also have the authority to order employers to pay legally mandated compensation such as:
- Unpaid wages
- Overtime or holiday pay
- Severance pay
- Pay in lieu of notice
- Statutory interest or surcharges
- Return of security deposits
In response, labor inspectors typically issue a written notice to the employer requesting specific actions or corrective measures, if the labor inspector deems it appropriate. Employers are legally obligated to comply with these proceedings and cannot disregard or avoid participation in the process.
Overview of the Labor Inspection Process
The case proceeds through several stages, each of which may vary in length depending on the circumstances of the individual case. The key procedural stages include the following:
1. Employee files a complaint
When an employee seeks monetary compensation to which they may be entitled, they may file a complaint with the labor inspector having jurisdiction over the employer’s registered office or the location of the workplace.
2. Claim verification by the labor inspector
When an employee files a claim with the Labor Inspector, the Inspector will prepare a written record of the complaint and assess whether the claim falls within their jurisdiction. For instance, if the employee seeks compensation for unfair dismissal, such a claim does not fall under the scope of LPA. Therefore, the Labor Inspector has no authority to adjudicate the matter, and the complaint cannot proceed in such cases.
3. Issuance of a summons to the employer
If the labor inspector determines that the claim falls within their jurisdiction, the labor inspector will issue a summons in an official letter, specifying the date on which the employer is required to appear and submit documents related to the dispute, so employers should carefully check the appointment date to provide factual explanations to ensure that there is sufficient time for preparation. If the appointment is scheduled on short notice, the employer should promptly contact the labor inspector—using the telephone number provided in the official letter—to request a postponement to a more suitable date and time.
However, any request to postpone the appointment should be made within a reasonable timeframe and should not be excessively delayed.
While waiting for the appointment date, the employer should compile all relevant documents and evidence necessary to provide a complete and accurate explanation to the labor inspector.
4. The labor inspector interview with the employer
The employer must appear in person at the labor office on the scheduled date to provide factual explanations or any additional statements as requested by the labor inspector. In most cases, this stage is completed within a single day, unless the labor inspector requires further documentation or clarification, which may extend the process slightly.
Typically, the company director attends the meeting with the labor inspector. However, if the director is unavailable, the company may appoint a representative authorized by Power of Attorney (POA) to attend on their behalf.
5. Labor inspector’s review and decision based on the interview findings
When the labor inspector receives all relevant facts and documents from both the employee and the employer, the labor inspector shall consider the matter and issue an order on whether the employee is entitled to the claimed compensation within 60 days from the date of receiving the complaint. This timeframe may be extended for a reasonable cause, for a period not exceeding 30 days, with the approval of the Director-General or a person authorized by the Director-General.
6. Issuance of a labor inspector’s order
If the labor inspector finds that the employer should make payment to the employee, the inspector will issue an order in the form of a letter. The letter shall be delivered to the employer’s registered office. The potential situations are as follows:
If the labor inspector orders the employer to make a payment, the employer must comply with the order within 30 days from the date of receipt. Failure to do so may result in criminal liability in accordance with the LPA.
7. Petition to revoke the labor inspector’s order
If either party disagrees with the order—particularly the employer—they must file a petition with the Labor Court to revoke the order within 30 days from the date of receipt. In such case, the employer is also required to deposit the amount specified in the labor inspector’s order with the Labor Court.
Costs and Legal Support
There are no official fees charged for proceedings before a labor inspector. However, for the sake of thoroughness and to ensure the best possible outcome, employers may consider engaging a lawyer or legal advisor.
If employers engage a lawyer or legal advisor in the proceedings, the cost must be borne by the employer itself and cannot be charged to the employee.
Evidence Preparation
Employers should prepare evidence, such as:
- Witnesses
Those who directly observed or heard the incident - Documentary Evidence
Documents related to working conditions or the incident, for example, the employment contract, work rules, previously issued warning letters, emails, LINE messages, reports, etc.
Language Considerations for Foreign Witnesses and Documents
If a witness is a foreign national, they must use an interpreter to translate their statements into Thai during the labor inspection process. This service may incur additional interpretation costs, which the employer should be prepared to cover.
In addition, any documents submitted in foreign languages must be accompanied by Thai translations. These translations must be certified by a person holding at least a bachelor’s degree in the relevant language, to ensure accuracy and legal acceptability.
Consequence of Non-Compliance with Labor Inspector Orders
Failing to comply with a labor inspector’s order may result in:
- Imprisonment up to 1 year
- Fines up to THB 20,000
- Or both
Moreover, failure to appear or to submit documents as summoned by a labor inspector causes a criminal offense and is subject to a fine of up to THB 20,000. This reflects non-cooperation in the labor dispute investigation process.
Special Caution for Juristic Persons
If the employer is a juristic person (e.g., a company or registered partnership), any violation or failure to comply may result in personal liability for the company’s authorized representatives. This includes managing directors or others who are in charge of the company. Under Thai law, these individuals may be jointly liable and subject to the same criminal penalties as the entity itself.
Important Notes for Employers
To reduce legal risks and enhance the chance of success in a dispute, employers should take note of the following:
1. Monitoring Official Correspondence
Labor inspectors typically deliver letters—either requesting the employer’s presence (summonses) or in the form of official orders—to the employer’s registered office. Employers must ensure receipt and proper handling of such letters. Ignoring or missing the correspondence may result in the loss of the opportunity to defend or respond.
The labor inspector will deliver official letters to the employer at the registered office using one of the following methods: hand delivery, registered mail with acknowledgment of receipt, or posting the letters at the office’s front door or gate.
Special Caution:
If the letter is sent by registered mail or posted at the office, it is legally considered received by the employer, even if the delivery occurs on a non-working day (e.g., Saturday or Sunday) when the company is closed. Furthermore, if the letter is posted at the office, it will be deemed effective 15 days after the date of posting.
2. Failure to Appear
If the employer fails to appear after receiving a summons, and an order to make payment is subsequently issued, but the employer does not file a petition to revoke the labor inspector’s order within 30 days of receiving it, the order becomes final by law. Once the employee seeks enforcement through the Labor Court, the employer loses the right to dispute the facts, challenge the order, or present a defense.
3. Proper Evidence
Proper documentation can mitigate risk and improve outcomes. For example, if the employer has a valid reason to deduct wages (e.g., for employee-caused damage), they should:
- Prepare a written consent signed by the employee
- Clearly show that the employee voluntarily agreed to the deduction
This document should be in writing, signed by the employee and a witness, and should specify the date, cause of damage, and the amount deducted.
Conclusion
Although an employee’s complaint to a labor inspector does not constitute formal court proceedings, Employers who disregard the process may face serious legal consequences and forfeit rights.
Therefore, employers should take each complaint seriously and prepare thoroughly. This includes assembling accurate facts, supporting documentation, and developing a sound response strategy.
Proactive compliance with labor laws from the outset greatly reduces the risk of disputes and strengthens the employer’s legal position. Engaging experienced labor law counsel is an essential component of sound risk management.
