Legal Challenge Over Foreign Pilots in Domestic Flights
Thai airlines are currently not employing foreign pilots for domestic routes, but this situation could change next year depending on the outcome of a legal challenge. The Administrative Court has yet to decide on a temporary injunction requested by Thai pilots to prevent the use of foreign pilots on local flights.
In March, the Thai Pilots Association filed a lawsuit against the Ministry of Labour, seeking a temporary injunction to block the involvement of foreign pilots in domestic operations. This move comes after the association raised concerns about the potential impact on local employment and the aviation industry's long-term stability.
During the previous high tourism season, VietJet Thailand leased two aircraft from a foreign company under a wet lease agreement. This type of arrangement includes pilots, crew, maintenance, and insurance as part of the package. The airline used these jets on the Bangkok-Phuket route following a cabinet decision in December that temporarily waived restrictions on foreign pilots, as proposed by the Ministry of Labour.
At a recent hearing, the Administrative Court asked a representative from the Ministry of Labour to explain its position. Representatives from VietJet Thailand and the Civil Aviation Authority of Thailand (CAAT) were also present. VietJet stated that it operated its service under a wet lease arrangement, supporting the government’s policy to boost tourism and reduce airfares.
The CAAT confirmed that the document submitted for wet lease permission was clear, while the Labour Ministry argued that the policy was legally authorized, even though no similar cases had occurred before. According to Mr. Teerawat Angkasakulkiat, president of the pilots’ association, wet lease agreements have been used in Thailand since 2008, as per records from the CAAT.
The court is still reviewing the issue and has requested more supporting evidence. Mr. Teerawat highlighted a concern that the cabinet resolution did not clearly specify an exact timeframe for allowing wet-lease schemes. The resolution limits the time frame for each wet-lease contract to six months, which can be extended for another six months.
"Unless the court rules in our favor, the resolution leaves open the possibility for any airline to use foreign pilots for domestic routes again during the next high season," he said. "We are worried that in the future, pilots will be removed from the restricted jobs list, affecting the competitiveness of local pilots."
With many airlines planning to aggressively expand their networks, Mr. Teerawat hopes this will lead to more job opportunities for Thai pilots. However, he noted that the employment rate for commercial pilots has remained largely unchanged this year due to limited fleet expansions.
He urged the CAAT to create an inclusive employment system for the aviation industry. The authority should disclose data regarding pilot employment, airline expansion, and the aviation industry to help the next generation of pilots make informed career decisions.
Mr. Teerawat also called on the government to prohibit 'pay-to-fly' schemes, where pilots must pay large sums of money for jobs. He mentioned that three or four Thai airlines have adopted this practice. He suggested that Thailand should follow the example of global airlines by offering scholarships to attract talented individuals to the aviation industry.