Page 23 - สถานการณ์การละเมิดสิทธิแรงงานและบทเรียนหกปีของคณะอนุกรรมการสิทธิแรงงานในคณะกรรมการสิทธิมนุษยชนแห่งชาติ (กสม.)

and being sensitive to national stability, therefore the government strictly introduced control measures by
rounding them up then deport them to their home countries, for examples, the Provincial Announcements
in Phuket, Ranong, Rayong, and Phang-nga confirm this theory. There are rules to curb common behaviors
of these workers, such as prohibit them to possess mobile phones, no assembly of more than five persons,
and impose curfew from 8.00 pm. This group of workers are obviously under extreme discrimination.
Thai workers who are employed overseas – this group of workers is seen as a debt ridden
people because their expenses and service charge are very high. Besides, a lot of them were lured to work
without knowledge on domestic laws in the respective country. Some employers usually changed working
conditions and remuneration orders which workers had no choice and were forced to accept the new and
unjustified conditions. They were forced to work hard and exploited. Their living condition was poor and
fell as well into complete total lot labor contract system.
There is no Thai state agency with full responsibility concerning problems under the following
functions:
- Examine cases for fact findings.
- Receive complaint cases and find immediate solution for each case.
In the case of having conflict or job performance problem and caused workers fail to receive
wages, this would affect their families in Thailand and the government still had no clear-cut policy in giving
assistance to those workers.
The study found that employees in state run organizations were mostly not under the labor
protection laws enforcement except social security fund. Monthly salary of temporary workers were under
short term employment of one year period and were discriminated in employment contract. They had no
right in forming a union and no law to protect their basic rights or endorse the right of collective negotiation
in particular, and job security was a far cry for them.
Fringe benefits are few and in line with regulations applied by each work unit, no common standard
, what seen with differences were worse than standard comparing to what were provided in labor laws.
As for workers in state enterprises, they got direct effect from state policy in privatization,
reorganize them as public organization and would be excluded from labor law enforcement. ‘Turn-key’
employment in state enterprise has been expanding rapidly and threatens job security of public employees
as a whole. There were discrimination on budget allocation, better support was given to higher profit state
enterprises and ignored problems in others which caused some of them being closed.
Forming a state enterprise union always brought employees into troubles, they could not exercise
their basic rights to enjoy legal protection and just.
Regarding workers in formal sector, the study found that there was no legal binding in
employment contract, such conduct therefore was not enforceable with labor law at all. Some might have
access to Social Security Act if the contribution they paid was sufficient to covered what required by law,
while workers’ contribution in formal sector was partly shouldered by their employer and allocation of
government budget. Though civic sector had called for a new section of Labor Protection Act to cover
home workers as well as Social Security Act to cover all workers in informal sector, but the response at
policy level was very minimum and lack actual proceeding.
2. Causes of Labor Right Violation
The main factor of right violation was from employers who wanted to get maximum profits and
aimed for trade competition to get cheapest labor cost.
Employers managed their business just to solely have their firms survived well, thus flexible
employment strategy was applied largely and increasingly causing violation of labor rights in every target
group and also in every dimension. Minimum standard required by law was even not observed in those
industries, they took loopholes in the laws to exploit workers. Under consultancy and planning contract

และบทเรียนหกปีของคณะอนุกรรมการสิทธิแรงงาน ๒๓

Master 2 anu .indd 23 7/28/08 8:41:23 PM