Abstract:
Before the right to strike was legally recognized, strikes were criminal and breach of the labor contract. After the ege of nineteenth century, industrial revolution, people considered the provisions of hire of service did not protect sufficiently employees, although the employee had the unlimited freedom to conclude the aforesaid contract prescribing the rights and the obligations between both parties, the agreement between employer and employee was made on an unequal status. Due to the disadvantage of the employee, there were movement in many countries to write a labor law to guarantee the rights to strike and this right authorized the employee to have a more bargaining position. although the labor law permits the right to strike but it must be done with some limitations on the person who violates the regulation would render to unlawful stopping work. Quitting work is not the measure to terminate the working agreement. The main purpose of quitting work is to force employer to respond to employee's demand upon him. When the dispute is settled, employee can come back to work. During the striking process, the relationship between the employer and employee does not come to an' end, the two parties interact with reciprocity of rights and obligations provided by the law. Any antagonistic behavior is considered unlawful. Even if the law forbids the employee to strike, he may violate the law relating to quit work because of economic problems occuring to him and he can not receive suitable remedy to takle problems. Therefore, one can consider that law can not prohibit the employee to strike. It is the reasonable reality of the Labor Relation Act 1975 to recognize the right to strike, the employee can strike when the dispute arise from the conditions concerning the collective bargaining agreement. Strike is not only render the loss of profit to the employer and the employee but also the infringement of public security so that stopping work must be deal with these regulations : 1.The principle of the security and the welfare of people. It creates the provisions on the limitations upon the right to strike in specific performance, i.e., waterworks, electrical, telephone, etc. 2.The principle of perserving collective bargaining agreement or maintaining peaceful conditions. It holds that the employee could not quit work during collecting bargaining being still in force. 3.The principle of justice in society. According to this principle, the employee can strike in accordance with the modification on the hire of service. The employee must directly enforce this, measure , to their employers and the latter can accede , to their demands. Its application must be the final measure to respond to their requirements and the employee must operate in accordance with purview prescribing by the law. This thesis intends to study the development of law relating to strike, the limitations upon the stopping work, forms of strike, the rights and obligations of both parties, the liability of employer and employee in this sphere and the effect of strikes. In addition, the paper is aimed to find solutions for illegal strikes and purpose some recommendation on lawful strike. Finally, it may be the guideline to revise or amend the provisions concerning quitting work in Thai law. The problem of stopping work may be extend or descend according to the attitude of employer and employee. Both parties must consider and recognize their rights in the cordial way. Morever, the state official must focus on the confrontations between the two parties to settle labor dispute. In order to get rid of unlawful strike, we have to disseminate knowledge of labor relationship law in continuity and efficient method