Labour: Private Higher Education Institutions with Special Labour Protections

Background:

Dr. James (a pseudonym) had been a dedicated professor in the Faculty of Liberal Arts at a private university for over 28 years. His commitment to teaching and research was unwavering until the day he received a retirement notice from the university.

“I felt betrayed,” Dr. James recalls. “When I started working here, there was a regulation about severance pay that was more beneficial to employees. But the university changed the rules without my knowledge.”

Feeling that he had been treated unfairly, Dr. James decided to sue the university in the labor court, demanding severance pay according to the original regulations.

“I thought this was a violation of labor rights,” he says. “But I was not sure if standard labor protection laws applied to private universities”.

Dr. James’s case went through the Central Labor Court, the Specialized Appeal Court, and finally reached the Supreme Court.

The Supreme Court’s decision in 2023, surprised Dr. James and many in the academic community. The Supreme Court ruled that private higher education institutions are not subject to regular labor protection and labor relations laws.

“I had no idea there was specific legislation for private higher education institutions,” Dr. James says, disappointment evident in his voice. “But at least this law stipulates that employees must receive benefits no less than those prescribed by general labor protection laws”.

Although, he lost the case, Dr. James’s fight was not in vain. His case helped raise awareness about the rights of personnel in private higher education institutions.

“I hope my story will be a lesson for my colleagues,” Dr. James concludes. “We need to know our rights and closely monitor any changes in regulations.”

Key Takeaways

1. Private higher education institutions in Thailand are governed by specific labor protection laws, not subject to general labor protection and labor relations laws.
2. Employees in private higher education institutions must receive benefits no less than those specified in general labor protection laws.
3. Changes to internal regulations of private higher education institutions are not considered amendments to employment conditions under labor relations law.
4. Personnel in private higher education institutions should regularly monitor changes in internal organizational regulations.
5. Labor lawsuits, even if unsuccessful, can help raise awareness about the rights of employees in private higher education institutions.

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