Page 355 - สถานการณ์การละเมิดสิทธิแรงงานและบทเรียนหกปีของคณะอนุกรรมการสิทธิแรงงานในคณะกรรมการสิทธิมนุษยชนแห่งชาติ (กสม.)

and protect right and freedom of the people, to examine complaints on human right violation, to propose
measures for problem solving as well as to give proposal concerning policy-wise recommendations.
In performing its functions, NHRC holds firm principle, concept and substances as stated in the
Constitution of the Thai Kingdom, B.E. 2540 and National Human Rights Commission Act, B.E. 2542
(1999) under human rights concept and international Covenant.
In order to fulfill its functions with great efficiency,NHRC had appointed a sub-committee to
examine complaint cases on labor right abuses in particular because of their specific and complex nature
of labor problems.
On the occasion that the term of the present NHRC members has come to an end, the Sub-
committee on labor rights deems it’s appropriate to prepare an academic study report on human rights
situation during the six year period by divided workers into five groups for study, namely (1) workers in
private sector, (2) workers in public sector, (3) workers in informal sector, (4) workers working in other
countries, and migrant workers (or alien workers as called by Thai law).
Methodology of study includes assessment, synthesis, and analysis from complaint cases and
final examination reports of finished cases, and abstracts of seminars organised by the sub-committee
under the five factors of framework, namely (1) labor protection laws, (2) health and safety at work, (3)
social security, (4) freedom of association and collective bargaining, and (5) unfair employment practice.
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 Unfair
Total Labor Health and Social Freedom of association employment
security and collective bargaining
protection laws Safety
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 1 0 1 0 1

4 Overseas workers 12 11 0 0 0 0

5 Alien Workers 18 13 0 0 0 5
Total 240 118 15 7 50 47
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

และบทเรียนหกปีของคณะอนุกรรมการสิทธิแรงงาน ๓๕๕

Master 2 anu .indd 355 7/28/08 9:26:20 PM