Page 22 - สถานการณ์การละเมิดสิทธิแรงงานและบทเรียนหกปีของคณะอนุกรรมการสิทธิแรงงานในคณะกรรมการสิทธิมนุษยชนแห่งชาติ (กสม.)

case came to an end and there were no management measure of the Office of Social Security in protecting
patients beyond coverage of laws.
When basic rights were far from access, this group of labor decided to form unions of their own
choosing. There were examination and protest activities against unfair practice from the management,
negotiations, and listing demands as allowed by laws. Such actions led to various types of pressure, such
as intimidation and defamation on union leaders, and the actions were intensified gradually and affected
greatly to workers who were in need of legal bargaining power.
In some cases, there were policemen and military personnel involved in the form of intimidation
or created pressure to workers who wanted only to exercise their basic rights. For examples, pursuance of
criminal charge against a union leader who was seen bringing plastic bucket out of the compound to fill
drinking water because of water tap failed to run, photocopying 240 pages of document concerning trade
unionism, prohibiting union negotiators to enter their workplace but wages were still paid regularly, ignore
recognition of industrial unionization, terminating employment of union leaders by citing baseless reasons,
deploying military personnel in the workplace during the collective bargaining activity was on, prohibiting
union to post or disseminate documents or doing any activity in the workplace, having settled the industrial
dispute the management did not allow the union leaders to be reinstated as ordered by the judge, organizing
training courses to brainwash and create pressure on union leaders to resign, as well as offering a huge
interest for union leaders if they would not involve themselves in union activities any more or if they agreed
to resign., ect.
Other measures introduced by the management include
- Short term employment
- Total lot of labor contract and sub-contract in the production process were seen expanding to
almost every branch in manufacturing and service industries
- Sub-contractor who had signed employment contract with workers avoided to observe labor
protection laws
- Employer deducted contribution amount from workers’ wage but never put it into the workmen
compensation fund and social security fund
- Workers who were working in the same workplace of the same job with the same quality
performance did not enjoy the same welfare
- There were limitations in freedom of association or collective negotiation because of vulnerable
employment contract which could be simply terminated
- Workers were not ready or dare not present themselves to demand for rights given by laws
- There was no job security.

Migrant workers – this group of workers were the most violated victims in terms of labor rights
granted by law and being abused. They received no basic rights as stated in Labor Protection Act, B.E.
2541, no coverage of social security and had to subscribe their own health insurance, no access to workmen
compensation fund, no freedom of be union founder members or officials though they might submit list
of demand to their employer as provided in Labor Relations Act, B.E. 2518 but their employment contract
would be terminated simply and returned to their country of origin in no time.
These workers were employed with short term contract of not exceeding one year period according
to the cabinet resolution and they were employed in the complex sub-contracting business which was far
from law enforcement to take the first layer of contractor or sub-contractor responsible for legal breaching.
They are in the production branches which were least covered not covered at all by labor protection laws
such as work in agricultural, marine fishery, and household sectors.
State agencies responsible for security issues basically see these group of workers as a threat

๒๒ สถานการณ์การละเมิดสิทธิแรงงาน

Master 2 anu .indd 22 7/28/08 8:41:14 PM