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and freedom such as there were close circuit television observing their movement all the time, time record
and signatures were required when going to toilets or doing personal business in the rest rooms. Intensive
body searching and other forms of human right violation in decorations and hotel businesses. Too detailed
functional performance rules and wage deduction to compensate damages occurred at work, regardless
the cause of such damages were from the employee’s fault or not. Other abuses include employment
termination without severance pay as required by law and the employers had no money or other asset to
offset the performance as ruled by the court.
Regarding workers’ health and safety at work, the study found that the bipartite Occupaional
Health and safety committees at workplace were dominated by employers, there were frequent accidents
at work, state agencies failed to monitor thorough industries and lack offensive role, lack also the role to
promote unionization and proper workers participation in safety examination. There were several
responsible agencies on each specific problem but failed to function with effective coordination.
Workers were in trouble during obtaining medical services because they had to pursue demand in line
with the law as well and in most cases the employers did not recognize the doctor’s diagnosis thus there
were many cases await for court decision. Such prolonged process was usually time consuming before
each 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.

๓๕๖ สถานการณ์การละเมิดสิทธิแรงงาน

Master 2 anu .indd 356 7/28/08 9:26:27 PM