Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

Employment Policy Convention, 1964 (No. 122) - Thailand (Ratification: 1969)

1. The Committee notes the detailed information supplied by the Government in September 2002 in reply to its 2000 direct request. The Committee has also benefited from supplementary information provided by the ILO subregional office in Bangkok.

2. Articles 1 and 2 of the Convention. The Committee notes that since the 1997 financial crisis, GDP grew at around 3.5 per cent per annum during 1999-2001, and as of the first half of 2002 is still rebounding. During 1999-2000, the unemployed rate decreased from 5.3 per cent (in the second quarter of 1999) to 2.4 per cent (in the third quarter of 2000). According to the data made available by the Labour Force Survey of the National Statistical Office, from a peak of 4.8 per cent in the first quarter of 2001, the unemployment rate could stabilize at approximately 3 per cent in 2002. The Government indicates in its report that industrial sector exports were accelerated in order to increase receipts in foreign currencies: employment has increased more in the industrial sector than in other sectors from 14.9 per cent in 1996 to 17.7 per cent in 2001. The trend away from paid employment in the formal sector began before the Asian crisis, and there are indications that even now atypical work is increasing. The Committee would appreciate continuing to receive information on the situation, level and trends of employment, unemployment and underemployment, both in aggregate and as they affect particular vulnerable categories of workers such as young persons, older workers, disabled workers and migrant workers. Please also describe the principal measures taken in the fields of investment policy, fiscal and monetary policies; trade policy; prices, incomes and wage policies, and their impact on employment creation.

3. The Committee notes that the Department of Employment has received a grant from the World Bank in order to improve the labour market information system. It would be grateful if the Government would further describe how the data collected have been used as a basis for deciding employment policy measures. The Committee recalls that the report form for the Convention requires, in relation with Article 2, a description of how the principal measures of employment policy are decided and kept under review within the framework of a coordinated economic and social policy.

4. In this regard, the Committee notes that the collection of contributions for unemployment benefit, prescribed in section 73(7) of the Social Security Act (B.E. 2533) of 1990, has not yet been initiated. In 1998, the ILO conducted a feasibility study for the Social Security Office and in 2001 the Japan International Cooperation Agency extended the assistance to produce the basic actuarial programme for projecting an appropriate model, regulations and conditions for introducing unemployment insurance. The Government also indicates that the representatives of trade unions have continuously urged introducing the unemployment insurance scheme. The Committee emphasizes the crucial social and economic interrelationship between employment and social protection, in particular for those hardest hit by volatility in financial, commodity and other markets. It has stressed in its general comments on the application of the Convention that adequate safety nets fulfil a vital social function (see paragraphs 53 and 149-151, respectively, in the 2000 and 2001 General Reports). The Committee strongly encourages the Government to follow an integrated approach to social protection and employment promotion, and asks that it include in its next report information on the measures taken to implement unemployment benefit as a complement to its employment policy measures.

5. The Committee notes the indications contained in the Government’s report to the effect that employment policies have been integrated in the Ninth Economic and Social Development Plan, seeking in particular to upgrade the labour force skills and readiness to meet changing production structures and technologies. The Committee would welcome data on the actual results of the measures taken with a view to coordinating education and training policies with prospective employment opportunities. The Committee refers the Government to the provisions of the Human Resources Development Convention, 1975 (No. 142), in this regard.

6. The Committee notes with interest the study conducted by the Office with the support of the national authorities on the Gender Dimension of Skills Development in Vocational Training in Thailand that reviewed skills development programmes provided in seven provinces. Another study on gender equality and decent work in Thailand, prepared under a joint regional technical assistance project of the ILO and the Asian Development Bank, has shown that women in Thailand are disadvantaged in the labour market. While women and men have almost the same access to all levels of education except for vocational education, there is gender stereotyping at the tertiary level. Women’s employment experience is further disadvantaged by occupational training that remains concentrated in traditional fields that limit opportunities for employment and promotion. The Committee asks the Government to include in its next report information on the action taken to promote the employment and employability of women, rural residents and other disadvantaged groups.

7. Article 1, paragraph 2(c). In reply to its previous comments, the Government indicates that, section 38 of the Labour Protection Act (B.E. 2541) lists the types of harmful work that an employer shall not require of a female employee and that Ministerial Regulation No. 2 specifies the types of works that may be harmful to the health and safety of an employee. The Committee asks the Government to continue to provide information on the measures taken in order to ensure the fullest possible opportunity for each worker to qualify for and to use her or his skills and endowments in a job for which she or he is well suited, without discrimination.

8. The Committee notes the study conducted by HomeNet Thailand with the support of the ILO subregional office, Impact of the economic crisis on homeworkers in Thailand, on the conditions of work and problems faced by homeworkers producing artificial flowers and ready-made garments, a sector of the informal economy that is dominated by women workers. It requests that the Government’s next report contain indications on measures envisaged in order to provide access for undertakings in the informal economy to resources, product markets, credit, infrastructure, training facilities, technical expertise and improved technologies (see Paragraph 28 of the Employment Policy (Supplementary Provisions) Recommendation, 1984 (No. 169), and the conclusions adopted by the Conference at its 90th Session (June 2002) concerning decent work and the informal economy).

9. The Government indicates in its report that more skill training, soft loans and information on employment regulations in foreign countries, consistent with the needs of foreign labour markets should be provided for Thai workers, particularly those in service industries. The Committee would be grateful if the Government would include in its next report information on management of migration flows. Please also specify the action taken to prevent abuse in the recruitment of labour for work abroad and to prevent exploitation of migrant workers in Thailand (see, in particular, Paragraph 43 in Part X of Recommendation No. 169).

10. Article 3. The Government states that it has always accorded due heed to the recommendations made by the National Labour Advisory Development Council and has taken them into account in the process of tripartite consultations to explore the appropriateness of legislation. The Committee recalls that this important provision of the Convention requires the involvement in consultations of government authorities and of representatives of the persons affected by the employment policy measures to be taken. The aim of the consultations is to take fully into account their experience and views and secure their full cooperation in formulating and implementing employment policies. The Committee would appreciate receiving further information on the manner in which the recommendations made by the National Labour Advisory Development Council have been taken into account when formulating and implementing employment policy measures.

11. The Committee notes with interest that the Government has held consultations with representatives of the rural sector by setting up village funds managed by representatives of the villagers. As regards the informal sector, the Homework Administration Division is taking care of homeworkers by running a shop which sells products of homeworkers. The Committee would be grateful if the Government would continue to develop consultations on employment policies with representatives of rural and informal workers, including, if appropriate, representatives of organizations operating in close cooperation with villagers and homeworkers.