What Does Work Stoppage and Suspension of Employment Mean? Labor Law Clinic Page Clarifies It Is Not Dismissal
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What is "work stoppage and suspension of employment"? "Lawyer Fai" from the Labor Law Clinic explained that this term does not mean "dismissal" but rather the exercise of a right to counter employees in cases of labor disputes, which end once the dispute is resolved.
On 4 Dec 2025 GMT+7, following the announcement by the "Daikin" company of a work stoppage and suspension of employment affecting the Daikin Amata Rak Seri Labor Union and associated union members after unresolved bonus disputes, as previously reported,"Daikin" announces work stoppage and suspension of employment over unresolved bonus disputes with labor union and members)
Recently, Lawyer Fai, the owner of the pageLabor Law Clinic,posted an explanation about "employer work stoppage" stating that employer work stoppage is not dismissal but the lawful exercise of rights to counter employees during labor disputes that cannot be resolved through legal procedures.
Employer work stoppage refers to the following sections of the Labor Relations Act:
- Sections 21 and 22 set the procedures for claim handling leading to unresolved labor disputes, which are key conditions allowing the use of work stoppage rights.
- Section 21 states that agreements regarding employment conditions bind both parties.
- Section 22 outlines steps when claims are rejected, leading to mediation by labor conciliators; if unsuccessful and no arbitrator is agreed upon, it is considered an unresolved labor dispute, permitting the right to work stoppage or strike.
Section 5 defines work stoppage as the employer temporarily not allowing employees to work due to a labor dispute.
- Section 34, paragraph 2, requires that before a work stoppage or strike, the party initiating it must notify the labor conciliators and the opposing party in writing at least 24 hours in advance.
Effects of work stoppage
When an employer legally carries out a work stoppage (following Sections 13, 22, and 34, paragraph 2), the consequences are as follows:
1. The employment relationship remains; the work stoppage is only a temporary suspension, not dismissal.
2. The employer is not required to pay wages because the labor contract is reciprocal. When employees cannot work due to a legally exercised work stoppage by the employer, wages during that period need not be paid (referencing Supreme Court rulings).
3. However, if the work stoppage is illegal (e.g., no labor dispute, prohibited business, or failure to notify in advance), the employer may be liable to pay wages as damages for the stoppage period.
Additionally, under Section 35(3), employers have the right to hire others to perform work in place of employees not working due to the work stoppage or strike. Employers must allow these replacements and employees are prohibited from obstructing them.
Summary
The work stoppage ends when the labor dispute is resolved, which can occur through various methods such as mutual agreement or appointing a labor dispute arbitrator under Section 26.
The Labor Relations Committee (LRC) settles labor disputes in essential services under Section 23 (e.g., railways, hospitals, waterworks) or other businesses under Sections 25 and 36, concluding with the employer announcing the end of the work stoppage.
In summary, work stoppage is not dismissal, and whoever endures longer wins.
Information from the Facebook page Labor Law Clinic