Thai Pilots Plan Legal Action Against Labour Ministry Over Foreign Pilot Permits

[webfact]

Picture courtesy of Wikipedia

 

The Thai Pilots Association is gearing up for a legal battle against the Labour Ministry, intending to file a lawsuit in the Administrative Court this Friday. The association seeks a temporary injunction against foreign pilots operating domestic flights, invoking concerns over job opportunities and the future of Thailand's aviation industry.

 

This move comes in response to a cabinet decision made last December, which temporarily allowed foreign pilots to operate domestic flights through wet lease agreements—measures aimed at alleviating aircraft shortages. However, this decision has stirred controversy among local pilots.

 

Teerawat Angkasakulkiat, president of the Thai Pilots Association, argues that the cabinet's approval infringes upon two significant laws: the 2017 Foreigners Working Management Emergency Decree and the 1954 Air Navigation Act. He points out that Section 7 of the Ministry's decree explicitly bans foreigners from flying domestic routes.

 

While the decree does offer exceptions under Section 14 for national security, economic security, and public disaster prevention, Teerawat asserts that bolstering the tourism industry does not qualify as an exception related to economic security.

The Air Navigation Act further stipulates, under Section 44, that pilots must be Thai nationals unless special approval is granted by the Civil Aviation Authority of Thailand (CAAT).

 

Teerawat stresses that the wet lease arrangement categorises pilots as on-duty officers, and claims no such exception has been authorised by CAAT. Therefore, he argues, the Labour Ministry and the cabinet lack the legal authority to authorise foreign pilot employment.

 

In a broader context, Teerawat expresses concern that normalising wet lease agreements could harm Thailand's aviation sector long-term. He points out that numerous local pilots remain unemployed despite being ready for work, suggesting that employing foreign pilots diminishes job prospects for these professionals.

 

Furthermore, this policy might deter airlines from investing in training Thai pilots, potentially destabilising the industry.

 

The association plans to proceed with the court filing tomorrow, recognising the legal outcome is uncertain but committed to defending domestic pilot interests. Teerawat also worries about the possibility of extending the temporary pilot permits beyond an initial one-year period, which could set a precedent affecting the aviation industry's framework in Thailand, reportedn Bangkok Post.

 

-- 2025-03-13

 

 

[ikke1959]

The labour ministry should abandon the old labour protection laws.. Enter the 21st century and don't protect everything. If people are willing to work let them do so if they are qualified.. Everybody knows that Thai education is very poor and with a free labour market, things will change.. foreign tourguides are only permitted to do administration instead guiding tours as that is a privilege of only Thais as an example... So Thai people learn foreign languages if you want to prevent that foreigners are guiding.. You are doing the same on tours to Europe.. Than a Thai tourguide is guiding the group too and no workpermit needed.. as an example. Conservatism and protectionism will keep the country back

[Tropicalevo]

2 hours ago, webfact said:

which temporarily allowed foreign pilots to operate domestic flights through wet lease agreements—measures aimed at alleviating aircraft shortages.

 

If you want to rent my planes, then you take the pilots as well. They have the relevant experience.

If something should happen to the plane, replacing it would be a time consuming process these days.

This is the very reason as to why airlines are resorting to wet-leases.

Manufacturers cannot build planes quickly enough.

[Patong2021]

Wet leases are used by all major airlines and are intended to address short term capacity needs for events such as;

-Withdrawal of aircraft for maintenance

-Shortages of aircraft and personnel during peak travel times 

- Route specific allowing use of  appropriate aircraft

 

Typically, wet leases are for the short term. Swiss uses them for some service in the Balkans. Air Canada has used them. Eurowings uses them. All are unionized and the pilots and  cabin crews don't have hissy fits.

 

The Thai pilots are  making a big deal out of  an airline's normal activities.

 

[Nid_Noi]

Bangkok Airways is using wet leases for backup during the high season.

Last month we used Bangkok Airways between Siem Reap and Suvarnabhumi. The flight was operated by a French Airline Airbus A319 Amelia with French registration and French crew (except for 2 Thai speaking flight attendants).

I asked one of the crew if it was usual for them to fly local flights in S.E Asia. Amelia has wet leases contract with Bangkok Airways for 6 months a year for domestic and international flights. They have contracts with other airlines in Africa, Caribbean and western Pacific Islands. Crews rotates between different countries and love it as long as they stay bachelor.

Why would Thai aircrafts and pilots do in the off-season? Operate money loosing flights and ask government to cover their losses?

[Robert_Smith]

3 hours ago, webfact said:

The Thai Pilots Association is gearing up for a legal battle against the Labour Ministry, intending to file a lawsuit in the Administrative Court this Friday. The association seeks a temporary injunction against foreign pilots operating domestic flights, invoking concerns over job opportunities and the future of Thailand's aviation industry.

....'ere we go again.

 

Thai's just hate any form of competition with farangs...

 

They know that we are better than them at almost (if not) everything.

 

regards,

bob.

[watchcat]

2 hours ago, ikke1959 said:

Conservatism and protectionism will keep the country back

 

I think this is really what they want,  sad really.

[daveAustin]

But Thai can fly in farangland, no prompem.

[Robert_Smith]

Protectionist hell-hole.

 

No wonder this place is still stuck in the 17th century...

 

regards,

bob.

[newbee2022]

I would be happy if the pilot comes from Lufthansa or BA

[South]

In the early 90's, Thai used to have foreign pilots on some of their domestic routes.

[BKKBike09]

5 hours ago, webfact said:

He points out that numerous local pilots remain unemployed despite being ready for work, suggesting that employing foreign pilots diminishes job prospects for these professionals.

 

Furthermore, this policy might deter airlines from investing in training Thai pilots, potentially destabilising the industry.

 

Part of the problem is that while there are numerous out of work Thai pilots, many of them are not "ready for work" because they haven't been able to (or haven't bothered to) keep their type ratings up to date. Thailand is also right in the midst of overhauling the entire licensing and regulatory system (shift from FAA derived to EASA derived), which will make keeping class/type ratings current that much harder and more expensive (I recently spent a whole day in a riveting online training session “TCAR PEL Part FCL - Condition for the Conversion - demonstrate knowledge of the relevant parts of the operational requirements and the TCAR PEL Part - FCL regulation” ...)

 

 

[simon43]

2 hours ago, Nid_Noi said:

Bangkok Airways is using wet leases for backup during the high season.

Last month we used Bangkok Airways between Siem Reap and Suvarnabhumi. The flight was operated by a French Airline Airbus A319 Amelia with French registration and French crew (except for 2 Thai speaking flight attendants).

I asked one of the crew if it was usual for them to fly local flights in S.E Asia. Amelia has wet leases contract with Bangkok Airways for 6 months a year for domestic and international flights. They have contracts with other airlines in Africa, Caribbean and western Pacific Islands. Crews rotates between different countries and love it as long as they stay bachelor.

Why would Thai aircrafts and pilots do in the off-season? Operate money loosing flights and ask government to cover their losses?

That's an international flight, so not relevant to the complaint in this article about foreign pilots flying domestic flights.