ปัญหาการขาดนัดในคดีแรงงาน

Abstract

Due to the fact that labour cases have different nature from other civil or criminal cases; so, there need to be the Act for Establishment of and Procedure for Labour Court B.E.2522 for using in labour court trial.

However, procedures in case of default in Labour Court vary to type of default i.e. default of appearance on the day of taking evidence and default of appearance on other day in Court. The Act for Establishment of and Procedure for Labour Court B.E.2522 Section 40 will be applied incase of default of appearance on other day in Court but default of appearance on the day of taking evidence is the case of Civil Procedure Code Section 200, 201, 202 or 204 through the Act for Establishment of and Procedure for Labour Court B.E.2522 Section 31. This various applications confuses concerning persons in Labour Court trial.

This happens because the interpretations that “default of appearance on the day of taking evidence” is not a part of “default of appearance on other day in Court” in Section 40 of the Act for Establishment of and Procedure for Labour Court B.E.2522. This interpretation is narrow and does not reflect the true intention of the law. There are two possible solutions in this case 1) apply Section 40 to “default of appearance on the day of taking evidence” by extending the meaning of “default of appearance on other day in Court”; and 2) 1) apply Section 40 to “default of appearance on the day of taking evidence” by analogy of law.

The findings is that the better solution is extending the meaning of “default of appearance on other day in Court” to embrace “default of appearance on the day of taking evidence”. This is to unite Labour Court system and apply only the Act for Establishment of and Procedure for Labour Court B.E.2522 Section 40 in case of “default of appearance” to get along with true intention of the law.