Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

The Committee notes that the Government’s report due in 2012 has not been received. It hopes that a report will be supplied for examination by the Committee at its next session in 2013 and that it will contain full information on the matters raised in its 2011 observation.

Repetition

Follow-up of the discussion at the 99th Session of the International Labour Conference (June 2010). In its 2011 observation, the Committee noted the replies provided by the Government containing information on the measures taken to promote employment for persons with disabilities, women in remote areas and workers in the informal economy. According to the data from the National Statistical Office, 24,300,000 workers, representing nearly half of the entire active labour force, were in the informal economy. The Committee also noted that studies performed by two academic institutions concluded that Thai workers in the informal economy definitively need benefits from the Social Security Fund. The Government referred to the second Small and Medium Enterprises Promotion Plan for 2007–11 among other measures to enhance the capacity of business and enterprises to tackle the global economic crisis. The Committee asks the Government to provide in its next report updated information on the impact of the measures taken to promote full, productive, freely chosen and decent employment for vulnerable categories of workers, in particular for workers in the informal economy. Please also include information on the extent, trends and coverage of social security benefits for workers in the informal economy, as well as on the steps taken to coordinate active labour market measures with social security benefits.

Articles 1, 2 and 3 of the Convention. Coordination of employment policy with poverty reduction. Involvement of the social partners. The Government recalled the three strategic objectives of the Tenth National Economic and Social Development Plan for 2007–11: development of human potential and social protection, sustainable restructuring of rural and urban development, and upgrading national competitiveness. Between October 2009 and September 2010, the Government provided some assistance to workers that were unemployed as a consequence of the global economic crisis. The Committee noted that a Code of Practice to Promote the Labour Relations in the Economic Crisis was adopted by the social partners in 2008. In its contribution received in February 2011, the National Congress of Thai Labour (NCTL) recalled that most Thai people have lived in poverty, and indicated that the disparity of income generation was rather high. The NCTL asked the Government to formulate concrete policies and measures to alleviate income disparities. The Committee asks the Government to include in its next report information on the results obtained in terms of employment generation concerning the Tenth National Economic and Social Development Plan and to provide details on the employment objectives formulated following the 2007–11 Plan, in addition to directions of the next national plan. In this regard, the Committee stresses the importance of promoting and engaging in genuine tripartite consultations on the matters covered by the Convention. The Committee therefore asks the Government to include in its next report detailed information on the consultations held with the social partners to formulate and implement an active employment policy as required by Article 3 of the Convention.

Labour market and training policies. The Government indicated that the National Committee on Skills Development Coordination and Labour Development was set up under the authority of the Prime Minister. In 2010, the Department of Skills Development formulated a new strategy to take into account the impact of the global economic crisis. Furthermore, the Committee noted that the Government provides online labour market information. The NCTL expressed the view that the skills development scheme does not respond to the needs of the labour market. The cooperation between skills development institutes and enterprises in implementing the measures should be taken into account. In its 2010 General Survey concerning employment instruments, the Committee emphasized the increasingly important role of the social partners and training institutions in defining human resources development strategies. The Committee requests the Government to indicate in its next report the manner in which the representatives of workers and employers have contributed to developing vocational training mechanisms, as well as how the coordination between training institutions has been strengthened. Please also indicate how skills development measures are coordinated with active labour market measures.

Women. Prevention of discrimination. The Government indicated that there is no discrimination towards women and that women have equal opportunities and market access. The Committee noted the statistical data disaggregated by gender provided by the Government in its report on the number of jobseekers registered with the Department of Employment who obtained jobs, as well as on the training courses provided. Referring to its comments on the Equal Remuneration Convention, 1951 (No. 100), the Committee requests the Government to clarify to what extent the data provided in its report on Convention No. 122 shows that the principle of non-discrimination is being implemented effectively in practice. It also invites the Government to continue to provide information on initiatives taken to promote increased participation of women in the labour market. Please provide further information, including statistics, on the effects of such initiatives in ensuring that there is freedom of choice of employment, and that each worker shall have the fullest possible opportunity to qualify for, and to use his or her skills in a job for which he or she is well suited in the conditions set out in Article 1(2)(c) of the Convention.

Migrant workers. The Government previously recognized that it faces a challenge concerning migrant workers related to political, social, economic, health care and national security issues. Having realized the difficulties that migrant workers face in terms of harassment from employers and employment agencies, including the threat of human trafficking, the Ministry of Labour carried out various measures to register migrant workers, especially illegal migrant workers, and to enhance the labour inspectorate for these workers. The Government mentioned the Declaration of 3 August 2010 for dignity and work aimed to protect Thai workers working overseas and migrant workers working in Thailand and to prevent human trafficking, to reduce service fees and expenses on employment services and to take care of the families of the workers concerned. The Committee noted that the NCTL expressed concerns about the practices and measures taken by the Government to tackle the difficulties concerning migrant workers. The NCTL further indicated that an extensive number of unregistered alien workers, who do not possess any national identity certificates, are still remaining. Unregistered alien workers are unable to enjoy their rights with regard to access to labour protection and social security coverage, as required by Thai law and regulations. The Committee requests the Government to act expeditiously and to report in detail on the effective measures taken to address and resolve issues relating to migrant workers, with due regard to gender sensitivity. It also requests the Government to provide information on the results obtained in the framework of an active employment policy to prevent abuse in the recruitment of foreign workers and the exploitation of migrant workers in Thailand, with due regard to their fundamental rights.

Older workers. The NCTL indicated that priority should be given to extend medical coverage, retirement savings and employment opportunities for older workers. The Committee invites the Government to include in its next report information concerning the measures taken or envisaged in order to better integrate older workers into the labour market.

Workers in the rural sector and the informal economy. The Government reported on the project for emergency employment and skills development to mitigate the suffering of people from economic crisis and natural disasters. Emergency employment includes hiring workers for public interest work like dredging canals and ditches and building dams. The Committee invites the Government to indicate how the emergency schemes implemented gave the opportunity for its beneficiaries to qualify for and use their skills in decent jobs for which they are well suited, as required by Article 1(2) of the Convention. In this respect, the Committee invites the Government to report on the quantity and quality of job opportunities for homeworkers, with special attention to the situation of women, and on the impact of the measures taken to reduce the decent work deficit for male and female workers in the informal economy and to facilitate their transition into the labour market, and to accord them adequate protection.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.