The Future of Work and Labor Dispute Settlement

Abstract

The Covid-19 pandemic has transformed workplace models from a purely on-site model where all executives and employees work in one or several principal offices, to diverse new models: hybrid or fully remote workplaces. These new workplace models, known as “the future of work,” enable employers to access talent remotely and without geographical limitations, leading to more productivity and lower overall cost. However, these hybrid or fully remote working models could create legal complications concerning labor disputes, which the available traditional approaches may not be successful in resolving. This article aims to discuss two main issues: firstly, it will examine the current available approaches to resolving labor disputes, particularly the mechanisms specified in Thailand’s Labor Relations Act, while highlighting more compromising, efficient approaches to labor disputes—especially in relation to the new working models. Secondly, it will tackle the possibility of implementing employment arbitration under Thai law, analyzing the pros and cons of this approach and its suitability when applied to the new working models.