The Thai Pilots Association intends to sue the Labour Ministry at the Administrative Court on Friday, aiming to secure a temporary injunction that bars foreign pilots from flying domestic flights.
This action is seen as a final resort, taken after the cabinet permitted foreign pilots to temporarily fly domestic routes through wet lease agreements last December. This decision was made to assist airlines in addressing an aircraft shortage.
Teerawat Angkasakulkiat, the president of the Thai Pilots Association, claims that allowing foreign pilots infringes upon Thai pilots’ rights and violates the 2017 Foreigners Working Management Emergency Decree and the 1954 Air Navigation Act.
According to Section 7 of the Labour Ministry’s decree, foreign pilots are banned from flying within the country, Mr.Teerawat pointed out.
He added that while Section 14 permits exceptions for national, economic security, and preventing public disasters, the government’s rationale that it benefits tourism does not qualify as it does not pertain to economic security.
The Air Navigation Act stipulates that pilots on duty should be Thai nationals as per Section 44, unless specifically authorized by the director-general of the Civil Aviation Authority of Thailand (CAAT).
Mr. Teerawat argues that since wet lease agreements classify pilots as officers on duty, without an explicit exception from CAAT, the Labour Ministry and the cabinet lack the legal right to authorize such arrangements, thus violating the law.
“In the longer term, this will impact the aviation industry if wet lease agreements become a normal practice,” he said.
Mr. Teerawat also highlighted that many local pilots remain jobless and are prepared to work.
The employment of foreign pilots for domestic routes has cut job opportunities for Thai pilots, he noted.
This practice could lead to a decrease in investments in training for Thai pilots, potentially undermining the stability of Thailand’s aviation sector, Mr. Teerawat remarked.
The association plans to initiate the lawsuit at the Administrative Court tomorrow.
Mr. Teerawat mentioned that the outcome of the case is uncertain, but emphasized the necessity to fight for the employment rights of local pilots.
He expressed concern that this temporary allowance, extendable by a year, might set a precedent for further extensions in the future, according to Teerawat.
