Research on adjustment with ILO-standards and an estrangement between law and reality in Thai Labor Law

填补法律与现实之间的隔阂是一个基本问题。在泰国这样的发展中国家，这个问题有两个方面，一个是内部问题，另一个是外部问题。从全球化的角度看，集体劳动法与劳动保护法有着重要的区别。在劳工保护法领域，泰国政府按照劳工组织的标准进行调整。这种态度体现在1998年的《劳动保护法》中。然而，在集体劳动法领域，例如试图改革1975年《劳动关系法》的情况，并不打算加强工会的地位。这是因为雇主不想要它。工会是与外国公司竞争的障碍，泰国劳动法改革的方向是什么？通过1997年货币危机的经历，人们对泰国传统规范的优点有了新的认识。然而，这并不意味着回到专制政权，而是回到合作的劳动关系。其机构为联合协商委员会，在新《劳动关系法》草案中作了规定。此外，草案还包括重视集体谈判、协商和解决劳资冲突的程序。改革的成败对泰国劳动法的未来至关重要。

To fill up an estrangement between law and reality is a basic problem. In a developing country such as Thailand, this problem has two sides, one is internal and another is external. The latter is important under the condition of the globalization.From the point of view of globalization, there is an important difference between collective labor law and labor protection law. In a sphere of the labor protection law, Thai Government pursued adjustment with ILO-standards. This attitude is seen in the legislation of Labor Protection Act in 1998. However, in the sphere of collective labor law, so as the case of attempts to reform the Labor Relations Act of 1975, there is no intention to strengthen the status of a labor union. It is because employer does not want it. Labor union is an obstacle to compete with foreign companies.Which direction is proper to reform Thai Labor Law? Through the experience of currency crisis in 1997, people have come to a new understanding of the good points of the traditional norm of Thailand. However it does not mean to go back to authoritarian regimes, but to cooperative labor relations. The organ thereof is Joint Consulting Committee, which is regulated in the draft of New Labor Relations Act. Besides, the draft includes the idea to attach importance to collective bargaining, consultations and the procedures to solve labor conflicts. The reform become to be successful or not is crucial for the future of Thai Labor Law.