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.

[Purdey]

I wish the reporter had got the other side of the argument. Cabinet decision or not, why do airlines want to use foreign pilots on domestic routes? Better trained, more disciplined or what? Is there a shortage of pilots?

[spidermike007]

Protectionism can be a pretty pathetic thing, and we're seeing it both here and in America right now. It usually does not benefit the economy and oftentimes it has a very adverse effect. The Thai economy would be so much more dynamic if it was open to market forces, import taxes were lower dramatically, wine taxes were lowered, and luxury taxes were dropped down to 20%. 

 

But since the country is still being run by dinosaurs that is not going to happen an our lifetime, unless the dream takes place and the youth take over. 

[hotchilli]

If you want to wet lease a plane it comes with crew, if you don't like the deal don't lease...

[Nid_Noi]

7 hours ago, simon43 said:

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

The French crew is also doing domestic flights. The previous day they operated 2 domestic flights.

[Maybole]

Firstly, I do not believe that there are "numerous"local pilots out of work.

Secondly Insurance companies often require plots to have a minimum number of hours experience before insuring the aircraft.

Thirdly, a wet leased aircraft is almost always registered in a foreign country and international regulations (to which Thailand MUST adhere to) require that pilots must hold licences issued or endorsed by the state in which the aircraft is registered. It would be uneconomic to re-register the aircraft in Thailand and for the foreign pilots to obtain Thai licences for only a few months work.

 

 

9

[Sydebolle]

This nationalistic protection is absolute outdated. Remember when some politicians queried the ability of Abhisit Vejjajiva, since he was born in  Wallsend, United Kingdom? Abhisit never took UK citizenship yet the fact, that he was born in England was reason enough to rattle the cage. 

The best candidates, irrespective of gender, nationality, religion or race, should be considered - everywhere. Look at the Alien Business Law and the restriction of professions allowed to work in Thailand ...... clear sign of inferiority complex. 

Fact is, that Thai pilots are not superior nor inferior compared to their non-Thai colleagues hence I would also assume, that non-Thai pilots are hired only once there is not sufficient "domestic supply". Look at the success of quite a number of top airlines, namely in the Middle East; not only piloted but managed on all levels by non-locals for the simple fact, that the best qualified candidate should be doing the job. 

[Aussie999]

19 hours ago, daveAustin said:

But Thai can fly in farangland, no prompem.

you seem a bit confused, between domestic flights and International flights.... now, go back a re-read the article... carefully.

[kimamey]

On 3/14/2025 at 7:43 AM, Aussie999 said:

you seem a bit confused, between domestic flights and International flights.... now, go back a re-read the article... carefully.

Can Thai pilots fly domestic routes in Western countries? Its not something I've ever thought of before. 

[Aussie999]

6 minutes ago, kimamey said:

Can Thai pilots fly domestic routes in Western countries? Its not something I've ever thought of before. 

I don't know... Do you know.

And I'm not concerned. If they are licenced in a foreign country  then ok.. 

[kimamey]

22 minutes ago, Aussie999 said:

I don't know... Do you know.

And I'm not concerned. If they are licenced in a foreign country  then ok.. 

No I don't know, that's why I was asking. The reason being that the post you replied to suggested they could fly domestic flights in western countries. Not that that's a problem in itself, it's just a bit hypocritical if they want to stop foreign pilots flying domestic routes in Thailand whilst Thai pilots can do elsewhere.

[Aussie999]

18 hours ago, kimamey said:

No I don't know, that's why I was asking. The reason being that the post you replied to suggested they could fly domestic flights in western countries. Not that that's a problem in itself, it's just a bit hypocritical if they want to stop foreign pilots flying domestic routes in Thailand whilst Thai pilots can do elsewhere.

I have to ask, do you live in Thailand, if you did you should know Thailand is often hypocritical.

[kimamey]

2 hours ago, Aussie999 said:

I have to ask, do you live in Thailand, if you did you should know Thailand is often hypocritical.

Yes i do, and, yes I do.

[Andytheburiramman]

So soon you'll be able to buy a fake pilots license in Soi Cowsen in Bangkok.  I bet hundreds of indians and Africans are already rubbing their hands with this new job opportunity.

[PoorSucker]

On 3/13/2025 at 1:16 PM, South said:

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

Had an Aussie neighbor, pilot.

Had to have a Thai co-pilot