Labor Rules, Offenses, & Infractions

Act Governing the Rights to Fish in Thai Waters in B.E. 2482 (1939)

Does the law/regulation require foreign vessels to employ national labor?

  • Article 7

    Unless agreements have been made otherwise with foreign countries, the following vessels can not be used for fishing purpose in the Thai fishery waters: (1) Vessels having foreign nationality or belonging to aliens or juristic persons having foreign nationality; (2) Thai vessels, the crews of which include aliens, no matter in what capacity they may be. However, aliens who have been residents in Thailand for not less than five consecutive years before the 28th October, B.E. 2477, may become members of the crew of a Thai fishing vessel, provided that they must have been registered under and complied with the law concerning registration of aliens, and the aggregate number does not exceed twenty five per cent of the total number of crew. For the purpose of this Section, a crew shall not be deemed to be an alien if such an alien is an instructor appointed by the Minister for imparting knowledge in fishery in Government, Public or Municipal school. In ase of Public or Municipal school, the number shall not exceed five structors to each school and permission must have been obtained from the lster or the official appointed by the Minister for that purpose.

Labour Protection in Fishing Work Act, B.E. 2562 (2019)

What labor laws apply to fishing workers on ships carrying a national flag?

  • Article 5

    This Act shall not apply to the engaging in fishing in the following cases: (1) subsistence fishing; (2) fresh water fishing; (3) recreational fishing; (4) the engaging in fishing involving such size of the vessel or such number of fishing labourers as prescribed in the Notification of the Minister of Agriculture and Cooperatives.

  • Article 6

    In addition to compliance with the rules provided in this Act, vessel owners and fishing labourers shall comply with minimum requirements as regards work, the performance of duties, accommodation, food, the protection of safety and hygiene while at work on board a fishing vessel and the provision of welfare at work as provided in the law on labour protection, the law on job procurement and protection of job seekers, the law on navigation in Thai waters, the law on foreigners’ working management, the law on fisheries, the law on compensation and the law on labour relations, unless specifically or otherwise provided by this Act. There shall be included in a contract of employment terms and conditions or other arrangements in relation to fishing labourers’ living and working conditions both on board a vessel and on a quay. For the purpose of the execution of the law under paragraph one, it shall be deemed that a vessel owner is the employer and a fishing labourer is the employee. An agency which is responsible for the law under paragraph one shall prepare a report on the amount of cases and operation results to be submitted to the Ministry of Labour and the Ministry of Labour shall gather information and prepare a report on situations, the amount of cases, operations of agencies concerned and directions for future operation in relation to the protection of labour in fishing work in line with international standards for submission to the Council of Ministers, in accordance with periods of time prescribed by the Minister of Labour.

  • Article 7

    All cases which arise from disputes between vessel owners and fishing labourers or heirs or between such persons and officials or State agencies and which are concerned with rights or duties under this Act shall be under jurisdiction of the Labour Court.