Is the Law Truly a Tool or an Obstacle for Managing Human Resources in Thailand's Public Sector?

Abstract

This article aims to present key legal issues and principles that impact human resource management from the perspective of human resource theory. As law has a direct influence on public sector personnel, the legislative process must begin with clearly defined objectives and intended outcomes for public service delivery. It should then involve a comprehensive analysis of existing organizational challenges that hinder the achievement of those objectives, alongside a forecast of potential scenarios that may arise once the law is in force, in order to develop preventative strategies. In this regard, the law can function as a driver of excellence in public sector performance. This article further explores how the current legal framework serves either as a tool or an impediment to effective human resource management. While the law establishes necessary operational frameworks, safeguards, and protections for public personnel, it may simultaneously create challenges due to complex compliance requirements, bureaucratic delays, and a lack of flexibility. Therefore, striking a balance between legal mandates, the protection of rights and freedoms, and the need for organizational agility and innovation is essential for the effective management of human resources in the digital era. The discussion aims to support the development of legal measures that are more aligned with the objectives of human resource management in the Thai public sector.