Page 21 - สถานการณ์การละเมิดสิทธิแรงงานและบทเรียนหกปีของคณะอนุกรรมการสิทธิแรงงานในคณะกรรมการสิทธิมนุษยชนแห่งชาติ (กสม.)

Overall substances include concept framework, domestic laws on labor and Human Rights on labor
issues, right violation and problem situation, causes of right violation in each target group, management of
examination, measures for problem solving, and policy-wise recommendations proposed by Sub-committee
on Labor Rights.
The study gives the following findings:
1. Situation on problems and right violation.
During 2001 to 2007 (as at September 30) there were 243 complaint cases concerning human
right abuses on labor, they were classified in line with target group and dimension of abuse as follows:
Dimension of violation
Target group
Total Labor Health and Social Freedom of association Unfair employment
protection laws Safety security and collective bargaining practice
1 Workers in private sector 157 70 14 6 50 14

2 Workers in Public sector 50 22 1 0 0 27
3 workers in informal sector
3
4 Overseas workers 12

5 Alien Workers 18
Total 240 125 15 6 50 41

Workers in every target group were right violated by their employers, state officials, also by ill
enforcement of concerned labor laws and state policy, as elaborated below:
Workers in private sector - Though workers’ rights are covered by labor protection laws with quite
complete application, but still workers were breached of their basic rights in every dimension, for instances
there were forced labor to work overtime and on week-end, pregnant workers were treated unfairly such as
appropriate assignment was given during pregnancy, transfer to more difficult jobs to create pressure and
proceeding to worker’s resignation or terminate employment contract by citing labor surplus or decreasing
volume of purchase orders.
In some cases, workers had to work under strict rules and orders and breaching personal right
and freedom such as there were close circuit television observing their movement all the time, time record
and signatures were required when going to toilets or doing personal business in the rest rooms. Intensive
body searching and other forms of human right violation in decorations and hotel businesses. Too detailed
functional performance rules and wage deduction to compensate damages occurred at work, regardless
the cause of such damages were from the employee’s fault or not. Other abuses include employment
termination without severance pay as required by law and the employers had no money or other asset to
offset the performance as ruled by the court.
Regarding workers’ health and safety at work, the study found that the bipartite Occupational
Health and safety committees at workplace were dominated by employers, there were frequent accidents
at work, state agencies failed to monitor thorough industries and lack offensive role, lack also the role
to promote unionization and proper workers participation in safety examination. There were several
responsible agencies on each specific problem but failed to function with effective coordination.
Workers were in trouble during obtaining medical services because they had to pursue demand in
line with the law as well and in most cases the employers did not recognize the doctor’s diagnosis thus there
were many cases await for court decision. Such prolonged process was usually time consuming before each

และบทเรียนหกปีของคณะอนุกรรมการสิทธิแรงงาน ๒๑

Master 2 anu .indd 21 7/28/08 8:41:02 PM