Page 352 - สถานการณ์การละเมิดสิทธิแรงงานและบทเรียนหกปีของคณะอนุกรรมการสิทธิแรงงานในคณะกรรมการสิทธิมนุษยชนแห่งชาติ (กสม.)

ภาค
ผนวก

๖

The role of Sub-committee on Labor Rights regarding protection of labor rights.
The case of Mr. Songsith Khongchumchuen and his group of workers whose money were
borrowed from a loan-shark by luring them to work in South Korea with land title deeds were put for loan
guarantee. This case was brought to the Court but the Sub-committee on Labor Rights had helped
arbitrate with the loan shark and the land title deeds were all returned to this group of victims..
Another case, Mr. Sawaeng Vichianloet was accommodated on board the plane by B.S.B.
Overseas Co., Ltd. to work in Taiwan with a two year employment contract, but only eight months that he
was sent back to Thailand and many unfair practices were found such as the worker received no financial
compensation when he got an accident at work and his wage was deducted to absorb medical services, his
wage was also cheated, bad shelter was provided etc. The Sub-committee on Labor Rights provided
assistance until the complainer receive partial reimbursement and prepared policy-wise recommendations
to Ministry of Labor to solve mismanagement of Thai workers who were working in Taiwan to get full
legal protection and in line with the principle of human rights.
Further to these cases, a seminar on “Protection of Thai Workers to Work Overseas” was
organized in cooperation with Asia Study Institute, Chulalongkorn University, Ministry of Labor, Ministry
of Foreign Affairs, ILO, NGOs, employment agencies, etc. Another seminar for the tribute of workers who
were dead in South Korea which the Sub-committee on Labor Rights had prepared policy-wise
recommendations to Ministry of Labor in order to improve guidelines for labor protection for workers who
would earn their living overseas from the beginning, before traveling, during job attendance, and measures
of support after their employment contracts were fulfilled and want to work in their home country. There
was also a proposal for amendment of Employment and Job Seekers Protection Act, B.E. 2528 (1985)
with amendment in B.E. 2537 (1994) to be more efficient and be in line with principle of human rights.

Abstract of Chapter 8

Violation of Labor Rights of Migrant Workers

In this chapter, main points include:
1. An overview of migrant workers in three countries, Burma, Cambodia, and Laos.
2. Problems and types of abuse, considering from five aspects of frame of study as mentioned
earlier, the study found that there were 19 cases in the complaint and were severe in many
aspects, for examples:
2.1 Most employers failed to follow Labor Protection Act, B.E. 2541.
2.2 The policy introduced by Thai government required migrant workers to pay health insurance
subscription on their own which caused confuse and complication in the case when workers
fell sick, life was in danger or died at work, because the health insurance scheme did not
cover the compensation when workers had no income and loss of organs, as well as having
no right to claim like those covered by social security act, except medical service charge.
2.3 Most migrant workers entered Thai territory illegally, they therefore faced two or three folds
of duplicated abuses and in most cases were rounded-up and sent back to their respective
country of origin.
3. Since a lot of migrant workers were employed in marine fishery business as seafarers and off-
shore fishery outside Thai territorial waters, the study took the case of Praphas Navi crew in
Samut Prakan who were abused until they fell sick and died to highlight this chapter. The study
found that the bodies of the dead migrant crew was thrown into the sea while the Ministry of
Labor had issued Ministry Code to protect employees in marine fishery business but failed to
cover marine fishery outside Thai territorial waters. There were management problems among
government agencies which had too many and this was worth study.

๓๕๒ สถานการณ์การละเมิดสิทธิแรงงาน

Master 2 anu .indd 352 7/28/08 9:25:58 PM