Huachiew Chalermprakiet Law Journal

Thai Labor Law and Working from Home : Principles, Problems, and Reform Guidelines

wuthichai temgpongsthorn — Tue, 28 Apr 2026 00:00:00 +0700

This article aims to analyze the legal principles related to work from home (WFH) in Thailand. It focuses on the Labour Protection Act (No. 8) B.E. 2566 (2023), which amended Section 23/1 to accommodate changing work models. The article examines the rights and duties of employers and employees, as well as the problems and challenges arising from enforcing this law. These challenges include, but aren't limited to, unclear working hour controls, difficulty classifying appropriate work types, cost burdens, and power imbalances in negotiations.

The study found that, even though the law sets important principles such as work from home arrangements requiring mutual agreement, the employee's right to refuse contact after work hours (Right to Disconnect), and the right to equality with employees in the workplace, there are still gaps and ambiguities in practice.

The author, therefore, recommends reforming related laws and policies. They propose that the Ministry of Labour promptly issue subordinate legislation to clarify various issues. Additionally, they suggest promoting collective bargaining mechanisms to create a balance of power, developing specific guidelines for safety, occupational health, and mental well-being for work-from-home arrangements, and making labour laws more flexible to accommodate new employment models in the future. The aim is to ensure that working from home is efficient, fair, and genuinely balances the interests of employers with the quality of life of employees.

A Review of Non-Prosecution Orders Issued by Public Prosecutors Acting as Inquiry Officials: A Case Study Under the Prevention and Suppression of Torture and Enforced Disappearance Act B.E. 2565

Chayapa Phataratanasak — Tue, 28 Apr 2026 00:00:00 +0700

This article examines the legal issues arising from the designation of public prosecutors as inquiry officials under the Prevention and Suppression of Torture and Enforced Disappearance Act B.E. 2565 (2022). Although the Act authorizes public prosecutors to serve in this capacity, inquiry officials are not empowered to make prosecutorial decisions. This arrangement contradicts the principle of integrating investigation and prosecution within a single process. Furthermore, the Act lacks clear legal provisions regarding the review of non-prosecution orders issued by public prosecutors who have conducted the inquiry themselves. As a result, the review process defaults to the Criminal Procedure Code (Sections 145 and 145/1) and Section 34 of the Special Case Investigation Act B.E. 2547 (2004). However, these provisions are ill-suited to the context and legislative intent of the Torture and Enforced Disappearance Act. This article proposes that public prosecutors serving as inquiry officials should be vested with the authority to issue prosecution orders directly. In cases where a non-prosecution order is issued, it should be subject to judicial review by the Court of Appeal. This approach would reinforce the principle of checks and balances within the criminal justice system and more effectively uphold human rights protections in Thailand.

Problem issues regarding to COVID-19’s Vaccine under the provision of the Product Liability Act B.E. 2551: Comparative law analysis

Sukhan Dhirawaranan — Tue, 28 Apr 2026 00:00:00 +0700

The COVID-19 pandemic has made vaccines a critical component of public health systems. However, legal questions have also arisen concerning the liability of manufacturers and importers in cases where adverse effects or harm occur in vaccine recipients. This research aims to examine the legal challenges surrounding COVID-19 vaccines under Thailand’s Product Liability Act B.E. 2551 (2008), while comparing legal approaches from jurisdictions such as the United States, the United Kingdom, Germany, and Japan. The study finds that although the Thai Act imposes strict liability on producers and importers—requiring no proof of fault—it lacks essential defenses found in comparative systems, such as the “state of the art” defense and a no-fault compensation system. The absence of such legal mechanisms may lead to an imbalance between consumer protection and the public health policy goal of promoting widespread vaccination, especially when dealing with inherently risky medical products.

This research recommends amending the Act to explicitly incorporate the “state of the art” defense, establishing a no-fault vaccine injury compensation fund, and developing clear protocols for risk communication and informed consent. These measures would better address the complexities of advanced medical products and their wide-scale use in public health contexts

legal issues in government procurement for promoting innovation

Phanit Lalakorn — Tue, 28 Apr 2026 00:00:00 +0700

The research aims to examine and analyze legal issues related to the government procurement process in Thailand, with a particular focus on legal gaps that facilitate monopolistic practices, violate the principles of free and fair competition, and create ambiguity surrounding the definition of Thai innovation

The study found that the procurement of products listed in the Thai Innovation List involves legal gaps that allow the use of specific and selective procurement methods, resulting in monopolistic practices and violations of the principles of transparency and value for money. In addition, the definition of “Thai innovation” lacks clarity, particularly regarding the proportion of domestic development, which affects the development of the country’s technological capacity.

Therefore, relevant laws and regulations should be revised and improved to prevent monopolistic practices, enhance transparency in the procurement process, and clarify the definition of “Thai innovation.” These efforts should also aim to promote free and fair competition in government procurement in order to maximize benefits for the government sector and the general public.

criminal liability for damage caused by autonomous cars

Angsuda Tungjai — Tue, 28 Apr 2026 00:00:00 +0700

This research aims to study the perspectives of foreign scholars on the specific establishment of criminal liability arising from the use of autonomous vehicles. It also seeks to examine the legal measures related to the use of autonomous vehicles in selected countries, namely the United States, the United Kingdom, Germany, and France. The ultimate goal is to propose appropriate guidelines for determining criminal liability arising from the use of autonomous vehicle technology in Thailand.

The findings reveal that Thailand currently lacks specific legal provisions addressing criminal liability arising from the use of autonomous vehicles. Furthermore, the Thai Criminal Code, in its current form, is insufficient to be effectively applied to such cases. This research therefore recommends that the duties and liabilities of drivers and operators of autonomous vehicles be incorporated into Title 6 of the Criminal Code, which concerns offenses against public safety. Additionally, the study proposes that definitions and classifications of autonomous vehicle levels be included in relevant traffic laws to ensure the effective application of the law to emerging technological developments.

Legal issues relating to spousal crime

Chonthicha Jamlongphet — Tue, 28 Apr 2026 00:00:00 +0700

This thesis has objectives to study the concept and theory regarding violent acts of spouse, both in Thailand and abroad, including Republic of France and the United States of America. It will compare and analyze, to be guideline for improving and amending laws regarding committing criminal offence of spouse in Thailand.

From the result of the study, it was found that committing criminal offence of spouse regarding offence of life, body and support of offence committing, the spouse and supporters are still liable in the same way like general persons. There is no provision to have heavier punishment.

The researcher recommended as follows: (1) There shall be amendment of the Criminal Code, Section 289 regarding committing offence against life of spouse, adding sub-clause (8) Killing a spouse; (2) Regarding injuring spouse and spouse getting severe hurt, according to Section 297, amendment, Paragraph Two, the offender under the first paragraph who commits an offence against spouse shall be punished half as severe as that provided in the first paragraph and (3) supporter of the person committing offence according to Section 289 and 297 of the Criminal Code, must be punished in the same manner as the principal.

Guidelines for establishing laws to allow private sectors to monitor and inspect the implementation of environmental impact assessments

Nattawut Leelachareonkit — Tue, 28 Apr 2026 00:00:00 +0700

This thesis aims to study the guidelines for establishing laws to allow private sectors to monitor and inspect the implementation of environmental impact assessments. This thesis focuses on analyzing the provisions of the National Environmental Quality Promotion and Conservation Act, B.E. 2535 (1992) and its amendment (No. 2) B.E. 2561 (2018), as well as relevant ministerial regulations and announcements of the Ministry of Natural Resources and Environment, to identify appropriate guidelines for allowing private sectors to monitor and inspect the implementation of environmental impact assessments, including the determination of qualifications, and prohibited characteristics and penalties for false audit reports. This approach aims to promote public environmental participation and contribute to environmental conservation.

From the study, it was found that current laws stipulate private sector participation in environmental promotion activities. These private sectors have environmental role and clear objectives in operation. However, there is lacking of private sector agencies having responsibility of monitoring and inspecting environmental impact assessments at various stages after project approval. Based on the Factory Act, B.E. 2535 (1992) and its amendment (No. 2) B.E. 2562 (2019), the guidelines for private sector auditors can be used as a guideline for determining to have the private sector monitoring and inspecting environmental impact assessments.

Furthermore, the determination of qualifications for person doing this duty should include qualifications and prohibited characteristics to screen for appropriate personnel, taking into account their capabilities, suitability for the project, including specific penalties for false reports or the solicitation of benefits from project operators, is required to ensure efficient operations.

Recommendations from the study, the researcher suggests that the Ministry of Natural Resources should promulgate regulations to register private sectors to monitor and inspect the implementation of environmental impact reports, including stipulating qualifications and prohibited characteristics. Furthermore, it is proposed to amend National Environmental Quality Promotion and Conservation Act, B.E. 2535 (1992) to impose penalties on those who prepare false reports.

Legal problems and obstacles regarding the exploitation and commercial activities in agricultural land reform areas

krit houngthaisong — Tue, 28 Apr 2026 00:00:00 +0700

This thesis aims to study legal problems and obstacles concerning on commercial operations in agricultural land reform areas. This study focuses on analyzing the provisions of the Agricultural Land Reform Committee's regulations for farmers and farmer institutions who receive land from agricultural land reform, regarding land use practice, B.E. 2535 (1992), and the Agricultural Land Reform Committee's announcement regarding other activities supporting or related to agricultural land reform, as prescribed by the Minister of Agriculture and Cooperatives under Section 30, paragraph 5 of the Agricultural Land Reform Act, B.E. 2518 (1975) (amended by the Agricultural Land Reform Act (No. 3), B.E. 2532 (1989)), including the Agricultural Land Reform Act, B.E. 2518 (1975), to identify appropriate measures for prosecuting encroachment, trading, or excavation of soil in land reform areas, which impact the long-term effectiveness of agricultural land area protection.

From the study of farmers’ agricultural land use problems in areas of the Agricultural Land Reform Office (ALRO), despite the government allocates land to poor farmers through the Agricultural Land Reform Act, B.E. 2518 (1975), there are problems with permitting soil to be removed from the Agricultural Land Reform Office (ALRO) area. This has led to problems with land use for commercial activities. While land use has been permitted for agricultural purposes, such as the establishment of gas stations or production input factor stores, the lack of clarity regarding the size, scope, and purpose of such land has resulted in unfair discretion. This has led to problems with the determination of offenses and penalties, which do not cover cases of buying, selling, encroaching, excavating of soil, or topsoil in the land reform area.

Recommendations from the study, it is recommended that there should be revision of the Agricultural Land Reform Committee's regulations regarding farmers and farmer institutions who receive land from agricultural land reform regarding land use practice, B.E. 2535 (1992) (Amended (No. 4) B.E. 2566 (2023)), Clause 9 and amended Clause 9/1 and there should be revision of the announcement of the Agricultural Land Reform Committee regarding other activities supporting or related to agricultural land reform as announced by the Minister of Agriculture and Cooperatives in accordance with Section 30, paragraph 5 of the Agricultural Land Reform Act, B.E. 2518 (1975), (amended by the Agricultural Land Reform Act (No. 3), B.E. 2532 (1989)), B.E. 2563 (2020), Clause 1.5 and there should be amendment of the Agricultural Land Reform Act, B.E. 2518 (1975), Section 49, Section 50, Section 51, specifying penalties in the case of buying, selling, encroaching, excavating of soil, or topsoil in the land reform area.

Factors Affecting the Efficiency of Temporary Prisons in Region 1 for the Rehabilitation of Inmates

Areena Lertsaenporn — Tue, 28 Apr 2026 00:00:00 +0700

The objectives of this survey research were: 1) to examine the selection of convicted prisoners and the classification of prisoner characteristics by the officers and their impact on the efficiency of temporary prisons within Correctional Region 1, Department of Corrections; 2) to investigate the influence of activity models in temporary prisons on prison efficiency and the rehabilitation of prisoners; and 3) to study social acceptance among service users regarding the rehabilitation of prisoners across 11 temporary prisons in Correctional Region 1. This study employed a mixed-methods approach, integrating both quantitative and qualitative research. The sample consisted of 82 officers, 254 prisoners, and 78 service users.

The research findings are as follows:

1) Officer Group: The affiliated agency showed statistical significance regarding the selection of convicted prisoners and temporary prison efficiency. The level of prisoner selection and classification served as statistically significant predictors for estimating temporary prison efficiency (at the 0.001 level). Additionally, prisoner classification significantly predicted prisoner rehabilitation (at the 0.001 level). Consistent with qualitative results, temporary prisons should be developed as an "Integrated Prisoner Development Innovation Model" to enhance efficiency as branch prisons. This model emphasizes vocational training alongside security through two approaches: 1) developing specific laws and regulations for temporary prisons, and 2) implementing "High-Tech Control Measures". The Department of Corrections must prioritize selection and classification to improve both prison efficiency and prisoner rehabilitation.

2) Prisoner Group: Variables including place of detention, age, status, residency prior to incarceration, pre-incarceration income, frequency of imprisonment, prisoner class, disciplinary history, and self-sufficiency confidence significantly influenced activity models, prison efficiency, and rehabilitation (at the 0.05, 0.01, and 0.001 levels). Activity models and prison efficiency were found to be significant predictors of prisoner rehabilitation in terms of adaptation, intention, and commitment (at the 0.001 level). Qualitative data indicated that activity models in temporary prisons are beneficial projects that provide legitimate career opportunities for the future. Prisoners reported feeling a sense of freedom, positive emotional behavioral changes, and increased responsibility. Furthermore, service users expressed high confidence in the efficiency and rigor of the officer's prisoner selection system regarding safety.

3) Service User Group: Regarding social acceptance of prisoner rehabilitation, it was found that users were most satisfied with beverage services. Key satisfaction factors included polite service, product impression, and hospitality. Users highlighted that utilizing these services represents giving prisoners a second chance, resulting in high overall satisfaction.

Legal Challenges in the Protection of Wildlife and Natural Habitats under Thai Law in Accordance with the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES)

Nutjira Kraithong — Tue, 28 Apr 2026 00:00:00 +0700

This study mainly focuses on the Thai law that is concerned with protecting the wildlife, the reserved wildlife species, and wildlife habitat with the requirements of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). It also examines issues, challenges, and suitability of law enforcement measures that are presently enforced. In this study, a documentary analysis of legal sources, international law and domestic legislation, legal commentaries, and availability of relevant research studies will be used in getting qualitative research data.

The results reveal that even though various legislations were enacted with a specific objective to protect wildlife and their habitats in Thailand, and later amendments to the laws to align with the CITES, there are still a number of gaps in laws and institutions. More specifically, the timeline of revising the list of reserved wildlife species tends to be lengthy, and the enforcers still encounter practical issues. These restrictions affect the efficiency of wildlife conservation programs. Based on this, this paper suggests ways to enhance the legal and regulatory environment in Thailand to make it more transparent, flexible, and more consistent with the conservation principles developed under the CITES. Specifically, it highlights the necessity of the creation of more reactive methods of wildlife species designation, reinforcing the law enforcement, and ensuring that the involvement of the private sector and local communities in the conservation of wildlife and its habitat becomes a matter of participation. This would make the protection of wildlife in Thailand more effective, and the legal measures would be more reactive to the modern social, economic, and environmental situation in the country.

Guidelines for the Development of Law Concerning Termination of Pregnancy or Abortion in Thailand

Pornmapa Udomwatthawi — Tue, 28 Apr 2026 00:00:00 +0700

The objectives of this research are: (1) to review and examine laws, policies, principles, concepts, and theories relating to the termination of pregnancy; (2) to investigate the current situation, problems, limitations, and impacts resulting from the development of laws governing pregnancy termination in Thailand upon Thai women and girls; (3) to conduct a comparative analysis of the criteria and conditions surrounding pregnancy termination between Thai statutory provisions and the relevant laws of foreign jurisdictions—specifically the United States of America, the United Kingdom, the French Republic, the Federal Republic of Germany, and the People's Republic of China—as well as international public law concerning human rights and women's rights; and (4) to formulate recommendations for the legal development of pregnancy termination in Thailand, aiming to establish protection mechanisms for women's rights through laws and regulations that are consistent with international standards.

The research methodology employs a qualitative research approach, consisting of documentary research and in-depth interviews with key informants, alongside quantitative research utilizing an online questionnaire to survey opinions regarding guidelines for developing laws on pregnancy termination or abortion in Thailand, with a sample size of 162 respondents.

The findings reveal several legal issues and considerations regarding pregnancy termination or abortion in Thailand. These include: the appropriateness of characterizing pregnancy termination or abortion as a criminal offense; consistency with international human rights standards; the alignment of abortion offenses with current social conditions and necessities; issues regarding law enforcement; and the suitability of grounds for termination based on the condition of the fetus. Consequently, the researcher proposes legal recommendations, specifically the drafting of an amendment to the Criminal Code to repeal the provisions in Title 3 (Offence of Abortion), namely Sections 301, 302, 304, and 305. Furthermore, the researcher proposes the enactment of a specific Draft Act on Termination of Pregnancy B.E. ..., accompanied by policy recommendations and suggestions for the administration of the public health system.