Obstacles to Claiming Monetary Rights under the Labor Protection Act B.E. 2541 (1998)

A Case Study of the Bangkok Area 3, Office of Labor Protection and Welfare

Abstract

The study aimed to examine the obstacles and impacts associated with employees’ claims for monetary entitlements under the Labour Protection Act B.E. 2541 (1998) and to propose guidelines for improving the effectiveness of labor rights protection mechanisms. The research employed a qualitative approach using documentary research combined with semi-structured interviews with seven key informants, including employees who had previously filed claims and labor inspectors. The findings indicate that obstacles and impacts in claiming monetary rights can be categorized into five aspects: (1) insufficient knowledge and understanding of monetary entitlements, leading employees to overlook rights violations or exercise their rights improperly; (2) procedural complexities in filing and processing claims, resulting in delays and causing some employees to withdraw before completion of the process; (3) time and financial constraints, creating economic burdens that hinder continuous pursuit of claims; (4) power imbalances between employers and employees, causing fear of retaliation and reluctance to assert rights; and (5) operational limitations faced by labor inspectors, affecting the efficiency and fairness of labor rights protection. The study recommends strengthening employees’ knowledge of labor rights, simplifying and expediting claim procedures, enhancing the professional capacity of labor inspectors, and improving law enforcement mechanisms to ensure fair and effective access to monetary entitlements under labor law.