Photo courtesy of Bangkok Post

 

Thailand’s Administrative Court has annulled a Labour Ministry order allowing foreign pilots to fly domestic routes, declaring it an illegal exemption. The decision, issued on November 17, nullifies a previous ministerial announcement that temporarily permitted foreign pilots to operate under a wet-lease agreement.

 

The ruling follows a legal challenge by the Thai Pilots Association and its president against the Labour Ministry. Initially, the controversial announcement dated December 13, 2024, came after a request from a private airline wanting to lease two Airbus A320 aircraft staffed with foreign crew for a claimed tourism stimulus policy.

 

Although the Labour Minister had the authority to permit such exemptions under the Royal Ordinance on the Management of Foreign Workers Employment 2017, the court emphasized that this power should only be exercised in specific situations such as national security or economic emergencies, without harming local job opportunities. The court concluded there was no clear public interest or exceptional circumstance justifying the exemption.

 

The court highlighted that granting the exemption benefited only one company and criticized this as an improper use of discretion, per Section 9(1) of the Act on Establishment of Administrative Courts and Administrative Court Procedure 1999. Consequently, the Labour Ministry’s announcement is annulled immediately.

 

The verdict is anticipated to strengthen protections for Thai pilots and restrict future exemptions that might favor foreign workers over local talent without substantial justification. Experts believe this decision signals government ministries to adhere strictly to legal frameworks and provide adequate rationale for such exemptions.

 

Observers expect this ruling to influence future policy decisions, ensuring that any similar exemptions are scrutinized and justified appropriately. This case underscores the need for transparent, fair processes in governmental decision-making, reported The Thaiger.

 

Key Takeaways

• The court ruling cancels a labour exemption for foreign pilots.
• It mandates using discretion only in specific, justified circumstances.
• Impacts future governmental discretion, reinforcing local pilot protections.

 

Related Stories:

Court Rejects Bid to Ground Foreign Pilots in Thailand

Court Considers Dispute Over Hiring Foreign Pilots

 

  Adapted by ASEAN Now from The Thaiger 2025-11-18

 

 

 

Typical Thai flip flop decisions   they can not make there minds up !!  this place is a joke !!! 

24 minutes ago, snoop1130 said:

The verdict is anticipated to strengthen protections for Thai pilots and restrict future exemptions that might favor foreign workers over local talent without substantial justification.

 

why would foreign pilots be chosen over local, does this create a safety/training concern

It is known that Thai jobs are only for Thai people and not allowed to foreigners... This is again the proof of the outdated law... Thailand for Thais... only the money of foreigners is welcome

Fair enough if there are enough Thai pilots, and it’s just as well for Thai people that most other countries aren’t as xenophobic to prevent them from flying elsewhere. 

 

As a frequent flyer, I don't care the nationality of the pilots. I just want the best man or woman to do the job.

 

58 minutes ago, soi3eddie said:

 

As a frequent flyer, I don't care the nationality of the pilots. I just want the best man or woman to do the job.

 

 

Knowing how little Thai's care about safety in general, and the way they drive on the roads here, I feel more secure with foreign pilots. When I think of transportation safety, I put Thailand and it's people at the bottom of the list.

Quote

Thailand Court Revokes Order Allowing Foreign Pilots

I don't think this will help with Anutin's Thailand Aviation Hub for ASEAN vision... 

13 hours ago, ikke1959 said:

It is known that Thai jobs are only for Thai people and not allowed to foreigners... This is again the proof of the outdated law... Thailand for Thais... only the money of foreigners is welcome

But Thais are allowed to work all over the world.

None of you is Thai so why care what their employment rules are?

Positions that Thais can do are banned from foreigners doing. Every Thai can spend money so all foreigners should be banned from spending money in Thailand.😜

16 hours ago, MikeandDow said:

Typical Thai flip flop decisions   they can not make there minds up !!  this place is a joke !!! 

The problem is more that they don't do their homework before making a decision.

16 hours ago, snoop1130 said:

Photo courtesy of Bangkok Post

 

Thailand’s Administrative Court has annulled a Labour Ministry order allowing foreign pilots to fly domestic routes, declaring it an illegal exemption. The decision, issued on November 17, nullifies a previous ministerial announcement that temporarily permitted foreign pilots to operate under a wet-lease agreement.

 

The ruling follows a legal challenge by the Thai Pilots Association and its president against the Labour Ministry. Initially, the controversial announcement dated December 13, 2024, came after a request from a private airline wanting to lease two Airbus A320 aircraft staffed with foreign crew for a claimed tourism stimulus policy.

 

Although the Labour Minister had the authority to permit such exemptions under the Royal Ordinance on the Management of Foreign Workers Employment 2017, the court emphasized that this power should only be exercised in specific situations such as national security or economic emergencies, without harming local job opportunities. The court concluded there was no clear public interest or exceptional circumstance justifying the exemption.

 

The court highlighted that granting the exemption benefited only one company and criticized this as an improper use of discretion, per Section 9(1) of the Act on Establishment of Administrative Courts and Administrative Court Procedure 1999. Consequently, the Labour Ministry’s announcement is annulled immediately.

 

The verdict is anticipated to strengthen protections for Thai pilots and restrict future exemptions that might favor foreign workers over local talent without substantial justification. Experts believe this decision signals government ministries to adhere strictly to legal frameworks and provide adequate rationale for such exemptions.

 

Observers expect this ruling to influence future policy decisions, ensuring that any similar exemptions are scrutinized and justified appropriately. This case underscores the need for transparent, fair processes in governmental decision-making, reported The Thaiger.

 

Key Takeaways

• The court ruling cancels a labour exemption for foreign pilots.
• It mandates using discretion only in specific, justified circumstances.
• Impacts future governmental discretion, reinforcing local pilot protections.

 

Related Stories:

Court Rejects Bid to Ground Foreign Pilots in Thailand

Court Considers Dispute Over Hiring Foreign Pilots

 

  Adapted by ASEAN Now from The Thaiger 2025-11-18

 

 

 

So, they made wet lease illegal? That is an option many airlines use when short on airplanes. Like "Emirates" crash in Hong Kong recently - it was another airline from Turkey operating wet lease for Emirates. Banning this arrangement puts Thai airlines into a less competitive position given long wait times for new aircraft and limited supply of models their own pilots are trained on...

 

EDIT: actually... this is only for domestic flights. Foreign airlines don't compete on domestic flights so all it would do is make it more difficult to start a new airline and decrease number of available seats, pushing up prices on domestic flights. It's not for international flights where such arrangements usually exist.

16 hours ago, smedly said:

 

why would foreign pilots be chosen over local, does this create a safety/training concern

 

The aircraft are wet-leased, which includes the crew. This is very useful for seasonal spikes, such as the high season, to meet demand, without long-term leasing or buying new planes and hiring new staff, that will then be out of work in the low season. 

 

Banning wet leases means that there will be crowded planes, more delays and higher prices, which is far worse for the customer. 

 

Thai industry groups are against it because this will put them out of jobs in the long run.

 

 

 

 

 

35 minutes ago, peetje said:

But Thais are allowed to work all over the world.

BS

They have to jump through hoops and pay for visas that may get rejected on a whim for a simple one week holiday to our countries.

21 minutes ago, mfd101 said:

The problem is more that they don't do their homework before making a decision.

There are a lot of International workers working for Thai companies in Thailand. Sit downtown near the business district and at 12:00 pm lunch time you will see many foreigners working for Thai companies in.  In the hotel business there are foreigners working in upscale jobs.  You’re not helping Thailand by restricting foreign pilots from flying in Thailand. 

I understand the rationale in keeping within the letter of the law here, although I am sure there was a very good economical and operatational purpose to hire them.

 

What I would like to see is more foreign companies and staff overseeing infrastructure projects so that designs, budgets, timelines and especially safety are completed at a higher and safer standard. 

No more wet lease then, it seems. Despite the fact, that the Middle Age has passed 500 years ago already, Thailand still applies such nationalistic rules. 

You need the best candidate for the job and not the one with a "befitting" passport. But nepotism, racism and nationalism have haunted this country for generations and, it seems, there is no end in sight. 

Even the Laotians understood the sentence of getting the best person for the job. That explains, why the Laotians had Cambodian pilots flying their planes - without big fanfare and drumming up the national ticket! 

3 hours ago, lordgrinz said:

 

Knowing how little Thai's care about safety in general, and the way they drive on the roads here, I feel more secure with foreign pilots. When I think of transportation safety, I put Thailand and it's people at the bottom of the list.

 

Luckily modern passenger planes almost fly themselves. 

The airline industry in Communist China is taking a beating so they probably want to keep Chinese pilots out of Thailand, ..I actually agree, ..highly unlikely Communist China would ever let Thai pilots in to their country.

18 hours ago, smedly said:

why would foreign pilots be chosen over local

It's not just pilots by the entire CREW.

Ridiculous.

I short lease them Wet too in Pattaya. It's called ST

3 hours ago, pchansmorn said:

There are a lot of International workers working for Thai companies in Thailand. Sit downtown near the business district and at 12:00 pm lunch time you will see many foreigners working for Thai companies in.  In the hotel business there are foreigners working in upscale jobs.  You’re not helping Thailand by restricting foreign pilots from flying in Thailand. 

Maybe...... It could be foreign businesses based in Thailand... and as the Thai education is low, upscaled jobs can't be done by Thais...They never reach foreign standards

8 hours ago, daveAustin said:

Fair enough if there are enough Thai pilots, and it’s just as well for Thai people that most other countries aren’t as xenophobic to prevent them from flying elsewhere. 

 

The question then becmes how much did Somchai pay for his license.  How much experience does he have.  Sorry but looking at the way they give drining licences I think anything domestic either carrier or location in Thaialnd I will take the train or minivan.

 

 

I think the biggest question as an outcome of this policy is whether there are sufficient Thai pilots and cabin crew to fill all the roles, and a steady pipeline of new ones to replace natural turnover.

If, by some chance, Thailand experiences a good uptick in the number of tourists, how will they source the additional permanent labour requirement quickly?

3 hours ago, JamesPhuket10 said:

 

Luckily modern passenger planes almost fly themselves. 

... until something goes wrong.  Ask Chesley "Sully" Sullenberger (he of the 2009 Hudson river ditching fame).

Fortunately, the "I" in the ICAO pilots standards stands for "International" and, like the UK and most of the rest of the world, Thailand has adopted these standards.

Standards are there for a reason.  It's worth noting that entire countries are prevented from flying into UK airspace because of concerns over their airlines' operations.  These currently include Afghanistan, Angola, Armenia, Democratic Rupubic of Congo, etc.

There are also specific airlines that have serious, identified safety deficiencies themselves, even if their home country's oversight is generally acceptable.  These include:

Iraqi Airways - banned due to serious safety deficiencies)
Avior Airlines (Venezuala) - banned due to unaddressed safety deficiencies
Iran Asemon Airlines - banned
Air Zimbabwe - banned
Iran Air - older aircraft in their fleet are prohibited
Air Koryo (North Korea) - only two specific Russian-built TU-204 aircraft are permitted; all others are banned
Russian Airlines - a large number of Russian-certified airlines are banned due to non-compliance with international standards, particularly following the 2002 'special military operation'

 

 

22 hours ago, snoop1130 said:

has annulled a Labour Ministry order allowing foreign pilots to fly domestic routes

  No doubt flight cancellations will now occur due to Thai protectionism.

 

reference The Thaiger 19/11/2025:-

 

Several flights were cancelled at major Thai airports, including Suvarnabhumi, causing travel disruption for passengers on domestic and international routes.

Travellers across Thailand have been hit by a wave of unexpected flight cancellations, causing widespread disruption at Udon Thani, Phuket, and Suvarnabhumi airports. The cancellations, affecting both domestic and international routes, have left passengers scrambling for alternative arrangements.

At Udon Thani International Airport, flight TVJ201 bound for Suvarnabhumi Airport in Bangkok was cancelled yesterday morning, November 18.

 

 

Note flight TVJ201 - THAI VIETJET, one of the main airlines in Thailand employing foreign pilots.

8 hours ago, Yagoda said:

None of you is Thai so why care what their employment rules are?

Because we are the ones flying 

22 hours ago, ikke1959 said:

It is known that Thai jobs are only for Thai people and not allowed to foreigners... This is again the proof of the outdated law... Thailand for Thais... only the money of foreigners is welcome

What nonsense. There are SOME jobs that are restricted to only Thai's (https://thailand.acclime.com/guides/restricted-jobs/) but equally there are plenty of opportunities open to foreigners and plenty of foreigners (including myself) working here.

 

4 hours ago, ikke1959 said:

Maybe...... It could be foreign businesses based in Thailand... and as the Thai education is low, upscaled jobs can't be done by Thais...They never reach foreign standards

You really don't know what you are talking about. There are plenty of well educated Thai's in the workplace, many of them educated at the top universities here or overseas. There's also plenty even from Ivy league institutes. Standards in many industries are universal (think aviation, A.I. engineering, science, I.T. etc) so there really is no other option than for people to be of a certain education and/or standard. 

2 hours ago, IsaanT said:

I think the biggest question as an outcome of this policy is whether there are sufficient Thai pilots and cabin crew to fill all the roles, and a steady pipeline of new ones to replace natural turnover.

If, by some chance, Thailand experiences a good uptick in the number of tourists, how will they source the additional permanent labour requirement quickly?

They use specialist recruitment companies that provide contracted pilots.