Page 359 - สถานการณ์การละเมิดสิทธิแรงงานและบทเรียนหกปีของคณะอนุกรรมการสิทธิแรงงานในคณะกรรมการสิทธิมนุษยชนแห่งชาติ (กสม.)

lead to concrete solution of problem to protect human rights on labor. There was no response to demands
to improve labor problems concerning state policy and laws submitted by civic organization network,
particularly the draft of laws for workers in informal and general sector include labor protection, social
security, labor relations, and safety, Occupational and environment at workplace.
3. Strategy of Sub-committee on Labor Rights in its six year period.
Management framework of Sub-committee on Labor Rights covered human rights, violation of
laws and unfair practice on labor but the NHRC had no power to examine if the complaint case was in
court proceedings. There was no mechanism to manage the case as entertained by the court to enforce the
law. As for the case in which state official was involved as violator, there were plenty of obstacles or
limitations to get fair solution.
Examination of laws or orders contradicted to the constitution or international rules ratified by
the Thai government, as well as policy-wise recommendations and communication with public, all these
measures should be underlined.
In this regard, the Sub-committee on Labor Rights emphasizes therefore negotiation and
arbitration to bring partners in dispute to understand and recognize human rights principles in order to
achieve peaceful and justified society. There were efforts to bring in public and civic sectors for
formulation of mechanisms at provincial level to solve or protect human rights. Press conferences were
organized for public acknowledgement and at the mean time urged the authority to care and respond to
solve problems and strengthen people network. Thus, the Sub-committee on Labor Rights needed a lot of
time for most of the complaint cases to consider and examine before settlements were reached. There
were several meetings organized to serve case solution as well.
4. Recommendations.
4.1 Policy-wise recommendations
4.1.1 There shall be full and equal labor protections applied to workers in every profession
to get better labor standard, no matter they are in public sector or private sector, and no matter
they are in formal or informal employment sectors. The limitation of law enforcement shall
not cover only for workers under permanent employment contract.
4.1.2 There shall be national improvement on employment by introducing economic policy
in line with free and fair trade practices. Scrap of cheap labor production and seek
abolishment of all existing laws which cause unfair employment in every industry, namely
short-term employment in public and private sectors as well as alien workers. There should be
no avoidance in fee allocation for social security fund and workmen compensation fund
contributed by total lot labor contractors and sub-contractors.
4.1.3 There shall be a foundation of independent organization on health and safety to protect
all workers at work in every sector without any discrimination. There shall also be reform of
laws concerning labor namely social security fund and workmen compensation fund for
examples, management and enforcement of these laws should conform to the above principles.
4.1.4 Review of policy on alien workers should be conducted properly in accordance with
the need of this group of workforce not the need of cheap labor required by entrepreneurs.
Effects on right to work and job security for the Thai should also be taken into account. State
policy on labor should be pursued to protect equal rights of alien workers and treat them as
human beings, not commodity.
4.1.5 There shall be participatory management to guarantee right violation –free zone by
bringing labor organizations, civic organization network and local administration
organizations into policy development in order to improve fairness of law enforcement and
monitor labor relations issues in all industries.
4.1.6 There shall be transparent policy to uphold Human Rights principle and Human Rights
on labor standard as state policy. Strong measures will be imposed to protect workers and

และบทเรียนหกปีของคณะอนุกรรมการสิทธิแรงงาน ๓๕๙

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