Month: July 2026

Private school teachers in Thailand occupy a special legal position in the Kingdom due to the provisions of both the Labour Protection Act 2541 (1998) (LPA), and the Private School Act B.E. 2550 (2007) (PSA). Section 4 of the LPA provides for exceptions to certain employers who are not subject to the Act, including those covered under Ministerial Regulations; Section (1) of Ministerial Regulation No. 1 dated 19 August B.E. 2541 (1998) provides for an exception for private school teachers given that it states that “(1) the Labor Protection Act, B.E. 2541 shall not apply to an employer who carries out the private school undertaking under the law on private schools, particularly to headmasters and teachers”. However, section 86 of the PSA while it excludes private school teachers from the direct application of the LPA it requires that they receive […]

When the Unfair Contract Terms Act B.E. 2540 (1997) (the “Act”) came into effect it signified an important development in Thai contract law by limiting the traditional principle of freedom of contract with considerations of fairness. The Act empowers the Thai courts to review contractual provisions that confer an unreasonable advantage upon one party. Key to this Act is section 4, which creates a statutory test for identifying unfair contract terms and empowers courts to enforce such terms only to the extent that they are fair and reasonable in the circumstances. Since its enactment, section 4 has become the focal point of judicial interpretation concerning the balance between contractual autonomy and the protection of weaker contracting parties. This article examines several important judicial decisions interpreting section 4 of the Act, by detailing relevant facts, the decision of the relevant court […]