Court grounds order allowing foreign pilots on Thai routes
Thailand’s Administrative Court has revoked a Labour Ministry order that allowed foreign pilots to fly domestic routes, ruling it an unlawful exemption.
The court decision, handed down yesterday, November 17, annuls a ministerial announcement issued last year that temporarily authorised foreign pilots to operate within the country under a wet-lease arrangement.
The ruling comes after the Thai Pilots Association and its president filed a legal challenge against the Labour Ministry and related government agencies.
The controversial announcement, dated December 13, 2024, had been made following a request from a single private airline seeking approval to lease two Airbus A320 aircraft and staff them with foreign flight crew. The airline claimed the move was in support of a tourism stimulus policy.
While the Labour Minister at the time did have the legal authority to approve such exemptions under the Royal Ordinance on the Management of Foreign Workers Employment 2017, the court stressed that this power must be used only in specific circumstances, such as matters involving national security, economic emergency, or disaster response, and must not come at the expense of local employment.
In its verdict, the court ruled that there was no evidence to suggest the situation qualified as a special circumstance, nor that it served the public interest. Instead, the court found the exemption had been granted solely to benefit one company, which failed to justify the need for bypassing standard labour laws, reported The Nation.
“The decision amounted to an improper use of discretion,” the court stated, referencing Section 9(1) of the Act on Establishment of Administrative Courts and Administrative Court Procedure 1999.
The court’s ruling cancels the Labour Ministry’s announcement, with immediate effect, from the date of judgement.
The verdict is expected to reinforce protections for Thai pilots and limit future exemptions that could sideline local talent in favour of foreign workers, especially when no clear public benefit is demonstrated.
Observers say the case also sends a strong signal to government ministries to exercise their discretion within legal limits and with proper justification.
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