Thailand - 2012
Capital: Bangkok

29 Forced Labour (1930) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
reported violations - 2012
Background
Yingluck Shinawatra became Thailand’s first woman Prime Minister in July. Yingluck is the sister of former Thai PM Thaksin Shinawatra who was ousted in a military coup in 2006. Historic floods affected some 28,000 businesses and factories in 31 provinces affecting nearly ten million workers. Thailand’s central bank put the damage to industry at more than 100 billion baht (USD3.3 billion).
Effective 1 April 2012, the minimum wage in Bangkok and six other provinces will be raised to THB300 baht/day (US$9.70), an increase of about 40%. The remaining 70 provinces will see the minimum daily wage raised by 40% as well. Puea Thai also implemented a minimum wage of THB15,000 (USD485.00) per month for all government workers who have a bachelor’s degree effective on 1 Janurary 2012.
With respect to the political violence of 2010, Puea Thai MP Sunai Julponsathorn said he will petition the International Criminal Court (ICC) to take up crimes against humanity for the 91 people who were killed during the military crackdown on red shirts in April and May, 2010. In addition, Thai Deputy Prime Minister Chalerm Yubamrung said that Thai investigators have clear evidence that the military was responsible for the death of Reuters cameraman Hiro Muramoto during the political upheaval. Human rights issues, especially those involving migrant workers and trafficking, remained serious problems.
29 Forced Labour (1930) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Capital: Bangkok

reported violations- 2012
Trade union rights in law
Despite initial guarantees, trade union rights are coupled with numerous excessive restrictions. The 2007 Constitution guarantees freedom of association
freedom of association
The right to form and join the trade union of one’s choosing as well as the right of unions to operate freely and carry out their activities without undue interference.
See Guide to the ITUC international trade union rights framework
and specifically mentions unions as one of the organisations that can be formed. Several categories of workers enjoy only limited or no freedom of association
freedom of association
The right to form and join the trade union of one’s choosing as well as the right of unions to operate freely and carry out their activities without undue interference.
See Guide to the ITUC international trade union rights framework
, however, including civil servants, teachers, and government officials. A law drafted in 2010 would allow civil servants to organise.
Non-nationals may not form a union and may not be elected to union leadership posts. Loss of employment also means loss of union membership. A union’s right to have advisors is limited, and these must be approved by the Ministry of Labour. Furthermore, a union can be dissolved if its membership dips below 25% of the eligible workforce. Only one union can be formed at each enterprise, and state enterprise unions may not affiliate with private sector labour congresses or federations.
While the right to collective bargaining
collective bargaining
The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.
See collective bargaining agreement
is secured, only unions that represent at least 20% of the workforce may present bargaining demands, which must be voted on at the union’s annual meeting or the union loses its right to engage in bargaining. Strikes are prohibited in state enterprises, and civil servants do not have the right to strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
. The 2010 civil servants draft law would not alter this situation. The government can also restrict any strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
that would “affect national security or cause severe negative repercussions for the population at large”. Finally, the list of “essential services
essential services
Services the interruption of which would endanger the life, personal safety or health of the whole or part of the population. Can include the hospital sector, electricity and water supply services, and air traffic control. Strikes can be restricted or even prohibited in essential services.
See Guide to the ITUC international trade union rights framework
” significantly exceeds the ILO
International Labour Organization
A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.
See tripartism, ITUC Guide to international trade union rights
definition.
Freedom of association / Right to organize
Principles
Freedom of association :
- >The right to freedom of association is enshrined in the Constitution.
- >The right to freedom of association is regulated by law.
The new Civil Service Act does not include provisions regarding freedom of association or collecting bargaining.
Anti-Union discrimination:
- >The law prohibits anti-union discrimination, but does not provide adequate means of protection against it.
Restrictions
Restrictions on workers' right to form and join organizations of their own choosing:
- >Single trade union system imposed by law and/or a system banning or limiting organising at a certain level (enterprise, industry and/or sector, regional and/or territorial, national)
- Each state enterprise can only have one union.
- >Restrictions on workers' right to join the trade union of their choosing imposed by law (i.e. obligation to join a trade union of a certain level e.g. enterprise, industry and/or sector, regional and /or territorial national)
- The law provides that members of a union "shall be workers working for the same employer" of the enterprise or company represented by the union, or "employees engaging in the same category of work." If a worker loses his/her job at that enterprise, he or she must be dismissed from membership of the union.
- >Restrictions on trade unions' right to establish branches, federation and confederation or to affiliate with national and international organisations
- Affiliation between state enterprise unions and private sector labour congresses or federations is restricted by law.
Restrictions on trade unions' right to organize their administration:
- >Restrictions on the right to elect representatives and self-administer in full freedom
- An executive committee member of a union must be at least 20 years old to stand for election despite the fact that the legal age to work is 15. The law also prohibits any non-Thai citizen from being an elected leader of the union committee. The result is that the estimated 1.5 to 2 million migrant workers from Burma, Cambodia and Laos who are present in the country are effectively stripped of any right to form a trade union.
- >Restrictions on the right to freely organise activities and formulate programmes
- The Thai government uses NPKC Order 54 from the 1991 military government to restrict the unions’ right to have advisors. Under this order, each union is entitled to no more than two advisors, who must register with the Ministry of Labour and have their registration regularly renewed. The Ministry has broad discretion to deny registration and penalise labour leaders who fail to register.
- >Administrative authorities' power to unilaterally dissolve, suspend or de-register trade union organisations
- If a union’s membership dips below 25% of the eligible workforce it is liable to be dissolved administratively by the state.
Categories of workers prohibited or limited in law from forming or joining a union, or from holding a union office:
- >Non-national or migrant workers
- The law prohibits anyone who is not a Thai national from being one of the ten workers required to organise and register a union.
- >Others categories
- The 2003 Private University Act exempts private universities from the Labour Protection Act and the Labour Relations Act. Similarly, the Private Schools Act of 2007, passed by the military-appointed Parliament in December 2007, stipulates that all teachers and educational personnel are not covered by these two key labour laws. The law establishing quasi-government "public institutions" also prevents workers in those institutions from forming a union. An increasingly wide variety of quasi-government organisations have been established as "public institutions", thereby creating a growing section of official employment that is legally union-free.
Right to collective bargaining
Principles
Right to collective bargaining:
- >The right to collective bargaining is recognised by law but strictly regulated.
Restrictions
Legal barriers to the recognition of collective bargaining agents:
- >Previous authorisation or approval by authorities required to bargain collectively
- A union must take a vote at its annual meeting in order to put forward its demands, failing which the union has no right to engage in collective bargaining.
- >Excessive requirements in respect to trade unions' representativity or minimum number of members required to bargaining collectively
- Employees constituting at least 15% of the workforce, or a trade union with a membership representing at least 20% of the workforce, may present collective bargaining demands.
Right to strike
Principles
Right to strike:
- >The right to strike is recognised by law but strictly regulated.
Restrictions
Limitations or ban on strikes in certain sectors:
- >Undue restrictions for "public servants"
- The State Enterprise Labour Relations Act (SELRA) prohibits strikes and lock-outs within state enterprises. Civil servants do not have the right to strike.
- >Discretionary determination or excessively long list of "essential services" in which the right to strike is prohibited or severely restricted
- Private sector workers have the right to strike, but the government may restrict strikes that would "affect national security or cause severe negative repercussions for the population at large". The law forbids strikes in "essential services," which it defines in significantly broader terms than those laid down by the ILO.
29 Forced Labour (1930) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Capital: Bangkok

reported violations - 2012
29 Forced Labour (1930) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Capital: Bangkok

reported violations - 2012
Violations
There are more than 2 million migrants, mainly from Burma, working in Thailand. On 19 August, UN special rapporteur on human trafficking Joy Ezeilo said that corruption and poor law enforcement had undermined Thailand’s efforts to crack down on human trafficking, which remains rampant. Migrant labourers were trafficked and placed in bonded labour in Thailand’s fishing industry.
Thai immigration officials and Burmese brokers were reported to have extorted Burmese migrant workers as they fled the epic flooding. Workers without documentation were especially at risk of exploitation. First, brokers charged workers exorbitant fees (3,000-4,000 baht) to get to Mae Sot, a major border crossing between Thailand and Burma. Many thousand Burmese workers were reportedly held at an immigration detention centre there. Police and immigration officials detained them and shook them down for cash before deporting them into Burma in the middle of the night where combat between the government and ethnic armies is on-going. Burmese officials also sought to collect from workers returning to Burma.
On 27 Janurary, Ms. Jitra Kotchadej, former advisor to the Triumph International (Thailand) Labour Union (TITLU), Ms. Boonrod Saiwong, former TITLU Executive Secretary and Mr. Sunthorn Boonyod, staff member of the Labour Union Center, were formally charged with violating Section 215 and 216 of the Penal Code for gathering in a group of ten people or more, inciting people to cause unrest, and ignoring police orders. The charges stem from an August 2009 protest of about 400 TITLU members to petition former Thai PM Abhisit Vejjajiva to help in their labour dispute labour dispute See industrial dispute with Body Fashion.
On 28 July, Thailand’s Central Labour Court upheld the State Railways of Thailand’s (SRT’s) dismissal of seven State Railway Union of Thailand (SRUT) leaders and also ordered the seven to pay the authority THB15 million baht (USD500,000) in compensation for damages resulting from a 2009 strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
. The court found the defendants guilty of inciting workers to go on strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
, disrupting train services and causing SRT serious financial damage. The seven union SRUT leaders are President Mr. Sawit Kaewwan, Vice-presidents Mr. Phinyo Rueanphet, Mr. Banchong Bunnet, Mr. Thara Sawaengtham, and Mr. Liam Mokngam, Secretary Mr. Suphichet Suwanchatree, and Director of Education Mr. Arun Deerakchat.
In December, a Chonburi Provincial Court fined 17 leaders of the Michelin Thailand Workers Union THB1,500 (USD50) in connection with the union’s picketing picketing Demonstration or patrolling outside a workplace to publicise the existence of an industrial dispute or a strike, and to persuade other workers not to enter the establishment or discourage consumers from patronising the employer. Secondary picketing involves picketing of a neutral establishment with a view to putting indirect pressure on the target employer. of the plant in 2009. The court had originally imposed a one and a half year jail sentence and a THB3,000 (USD100) fine but suspended the jail time and reduced the fine because the accused plead guilty and had no previous criminal convictions.
On 3 January, more than 300 Burmese migrant workers protested against labour rights violations of the SYK Autopart Import-Export Co. Ltd in Bangkok’s Bangkhunthian District. The workers were successful in pressing their demands for the company to pay for national holidays, sick leave, the right to obtain temporary passports and work permits, and the implementation of procedures to accurately record hours worked.
On 27 April, about 1,000 Burmese migrant workers at Saha Farm, a chicken processing factory in Phetchabun Province, protested against physical abuse by Thai security guards. The protesters briefly held two Thais hostage, before setting them both free. Thai police detained and questioned 30 protest leaders.
On 7 July, more than 400 Burmese migrant workers at the PTK shoe factory in Chedi Sam Ong in Kanchanaburi Province went on strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
for higher wages. There are five PTK shoe factories with more than 2,000 Burmese workers in Chedi Sam Ong who were working a 10 hour day and earning THB7 per hour or THB70(USD2.25) for the employee’s ten hour shift. The workers agreed to return to work on 9 July after PTK officials agreed to pay the workers an extra THB15(USD0.50) per day. At the time of the strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
, the statutory minimum daily wage for Kanchanaburi Province was THB181(USD5.85). On 12 July, about 300 Burmese migrant workers at the Watana Footwear Company, Ltd (WFC) in Chedi Sam Ong went on strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
and demanded the same wage rate increase granted by PTK to its workers. At the time of the strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
, workers at the factory earned between THB65 and THB80 for a nine-hour workday, depending on their experience. On 19 July, the workers agreed to return to work after WFC officials agreed to increase wages by THB15 per day. On 27 July, it was reported that the Burmese migrant workers who led the strikes at the shoe factories in Chedi Sam Ong had been dismissed and blacklisted. A Burmese migrant worker for Watana Footwear Company said that his Thai bosses distributed a list of around 40 names to factories in the area to warn them against employing the men.
Thai authorities are still on the hunt for a fugitive police officer implicated in a trafficking case involving Cambodian men who were forced to work aboard Thai fishing boats. The officer’s victims included seven men rescued in Malaysia earlier in the year after escaping from slave labour on Thai fishing boats. Two Cambodian men who were told by a labour broker that they would be gardeners in Thailand were instead forced to work on Thai fishing boats.
On 7 December, Thai police and human rights activists rescued four women Burmese migrant workers from forced labour at a shrimp factory in southern Thailand. The four women were part of a group of 39 Burmese migrant workers who had been trafficked by Thai authorities after being in jail for 32 days for entering Thailand illegally in October. After being rescued, they were deported back to Burma.
29 Forced Labour (1930) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Capital: Bangkok
