Page 349 - สถานการณ์การละเมิดสิทธิแรงงานและบทเรียนหกปีของคณะอนุกรรมการสิทธิแรงงานในคณะกรรมการสิทธิมนุษยชนแห่งชาติ (กสม.)

to the commission, later NHRC would determine measures for problem solving as well as give policy-
wise recommendations to individuals or concerned agencies.
NHRC might receive complaint cases of human right violation between individuals in civic
sector, thus the appointment of sub-committee on labor right was in specific arrangement to handle three
main functions for NHRC as follows:
1) Examine the case for fact findings and arbitrate under human right jurisdiction.
2) Give recommendations on laws and policy to the government and parliament.
3) Campaign for the construction of human right culture among public.
This chapter will present functional procedures of the Sub-committee of NHRC on Labor
through the above three main commitments incorporated with various models and methods including
meeting with governors and authorities and related state agencies organised for fact findings at NHRC
office and at the venues in respective provinces.
Furthermore, NHRC Sub-committee on Labor had also organised seminar to campaign on
consistency of laws and policy together with mass media and work with NGOs and academia network.

Abstract of Chapter 4
Violation of Labor Rights in Private Sector

In this chapter, the study covered the following main points:
1. Complaint statistic on right violation to workers in private sector showed that there
were 157 cases which might be classified as follows:
70 cases dealing with labor protection law;
14 cases concerning health and safety at work;
6 cases on social security;
47 cases on freedom of association and collective bargaining;
14 cases on unfair employment.
There were many cases concerned also on human right violation.
2. Types of problems and violation when there were considered from scope of 5-
factor study including:
a. Labor protection laws
b. Occupational Health and safety in working and financial compensation.
c. Social security
d. Freedom of association and collective negotiation
e. Unfair labor practice.
The study was assessed and synchronized from fact finding report and all complaints found in
the six-year period.
The study found that there were quite severe abusive cases on employment termination or created
pressure on pregnant workers to resign, formulation of unfair orders and disciplinary penalty, unjustified
deduction of wages to absorb the damages and employment termination without severance pay.
The employers were found neglecting on safety at work, no improvement of poor condition
buildings to ensure safety as instructed by the officials, failed to hold responsibilities when employees
were in dangerous environment at workplace.
Regarding the refusal of employers to follow labor protection law, social security and
compensation fund laws, workers chose to unionize in order to negotiate collectively, complaints were
submitted to officials or pursued legal case against the management which sometimes caused the
employer angry and imposed intimidation to union leaders, transferred them to in active post or mixed

และบทเรียนหกปีของคณะอนุกรรมการสิทธิแรงงาน ๓๔๙

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