Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

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

Articles 1 and 2 of the Convention. Implementation of an active employment policy. Labour market trends. The Committee welcomes the detailed information communicated in the Government’s report and its annexes. In its previous comments, the Committee requested the Government to provide information on the implementation of the 11th National Plan of Social and Economic Development for 2012–16 (11th Plan) with respect to employment promotion, including its impact on national labour market trends. The Government reports that the 11th Plan supported workforce development in balance with labour market demands through proactive measures that respond to the changing environment of the labour market and technological advancements. During the implementation of the 11th Plan, Thailand’s services sector experienced continuous growth, particularly in tourism and related services. The Government indicates that the unemployment rate was 1.18 per cent in 2017 and that it increased, particularly in construction and manufacturing, partly due to the shift of workers from agricultural sector to non-agricultural sectors as a result of continuous drought during 2014–16. The Committee notes that, according to the Labour Force Survey (LFS) of the National Statistical Office, the unemployment rate declined to 0.9 per cent by the last quarter of 2018, while labour force participation reached 68.29 per cent. The Government refers to a series of employment promotion programmes implemented under the 11th Plan. In this respect, the Committee takes note of the establishment of Tri-Thep Centres for Improving Employment and Income Opportunities in 2013 to provide sustainable employment and lifelong career development, as well as the establishment of 87 Smart Job Centres nationwide in 2015, offering employment services as one-stop service centres. The Committee also notes that the Government established the M-Powered Thailand, an online career development website, and developed the Smart Labour Line Mobile Application to facilitate workers in digital age to access services provided. The Committee notes that 1,303,967 were employed through employment services provided during the period 2015–18, including 8,530 persons with disabilities. The Government promotes the employment for persons with disabilities pursuant to the Empowerment of Persons with Disabilities Act, B.E. 2550 (2007), and its amendment (No. 2) B.E. 2556 (2013). The Committee notes with interest the adoption of the 12th Social and Economic Development Plan (2017–21). The Committee requests the Government to communicate detailed information on the implementation of the 12th Social and Economic Development (2017–21) with respect to employment promotion. It also requests the Government to provide updated statistical data disaggregated by sex and age on the labour market situation, including trends in employment, unemployment and visible underemployment, as well as information on the size and distribution of the informal economy.

Article 3 of the Convention. Consultations with the social partners. The Committee notes the Government’s indication that tripartite consultations were held in relation to the development and adoption of the 11th Plan, as well as in relation to the draft development strategies incorporated into the “Labour Master Plan 2012–16”. In particular, comments received from the tripartite partners were subsequently incorporated into the draft to better reflect stakeholders’ perspectives and interests. The Government adds that the Ministry of Labour also held three public hearings to gather further inputs from stakeholders from four regions across the country. The comments and suggestions from the events were taken into account to improve the Plan, ensure its inclusivity and enhance its ability to respond to people’s needs and demands of the labour market. The Committee requests the Government to continue to provide information on the consultations held with the social partners with regard to the development and implementation of active employment policy measures under the 12th Plan.

Migrant workers. In response to the Committee’s previous comments, the Government reports that, recognising the enormous contributions that migrant workers make to the Thai economy and its society, it has implemented a variety of measures to ensure adequate protection of labour rights and decent livelihood for all migrant workers in Thailand and to help accelerate the regularization of undocumented workers to enable them to access public services, legal protection and grievance mechanisms. From March 2015 to March 2018, the Government organized one-stop registration services via 88 One-Stop Service Centres across the country. As of July 2018, there are 3,420,595 migrants permitted to work in Thailand. The Committee takes note of the temporary stay extension granted for migrants working without work permits. In this context, the Government emphasizes the importance of adhering to regular migration pathways established through memorandum of understanding agreements (MOU agreements) between Thailand and countries of origin, which help ensure that incoming workers will not fall victims of illegal employment, labour exploitation, and labour trafficking. The Government reviewed and amended existing MOU agreements, with the Governments of Laos, Myanmar and Cambodia to make labour migration through MOUs channels more straightforward and compelling enough to be used as the standard mechanism for bringing in migrant workers to limit the possibilities of labour exploitation and human trafficking. The Government has organized an integrated operation to combat labour trafficking and exploitation, inter alia, through the Command Centre of Prevention on Labour Trafficking (CCPL) and the Labour Trafficking Operation Centres in 76 provinces. The Ministry of Labour also put forward updated legal measures (The Royal Ordinance/Decree on the Management of Foreign Workers Employment B.E. 2560 and its amendment (No. 2) B.F. 2561 (2018)) to respond to the current situation in labour migration by increasing penalties to dissuade both workers and employers from potential wrongdoings and deter repeated violations. The Government refers to a series of measures specifically targeted to reducing vulnerability of migrant workers. The Ministry of Labour has increased the frequency of multidisciplinary inspections in order to prevent and suppress labour exploitation in high-risk establishments. Furthermore, with the Cabinet Resolution dated 26 July 2016, three post-arrival and reintegration centres have been established to provide orientation trainings for migrant workers entering for work in Thailand through MOU channels. Furthermore, the Committee notes the increased access to Government services through digital means, the introduction of a new web-based complaint channel “DOE help me” to allow complaint launching online and the Department of Employment’s Hotlines which comprise a convenient channel for Government information. The Ministry of Labour organized training courses for migrant workers and employers to raise awareness on their rights, duties, laws, regulations, tradition and culture. The Government indicates that migrant workers in Thailand have access to healthcare; either through the Social Security Fund or the Compulsory Migrant Health Insurance Scheme. The Government reports on a series of specific measures to protect fundamental rights of workers in the fishing industry. Because the majority of migrant workers employed in the fishing industry prior to 2014 were undocumented; therefore very vulnerable, the Government undertook multiple rounds of migrant fishers’ registration and renewals of fishers’ working status. The Government entered into negotiations with industry stakeholders to guarantee incentives for migrant fishers incoming under MOU arrangements, which were proven relatively successful as, in the first seven months of 2018, 2,151 migrants were recruited into fishing under MOUs. The Committee notes that the “Baseline research findings on fishers and seafood workers in Thailand, ILO 2018” emphasizes the importance of ensuring effective enforcement of the labour laws and other standards across multiple tiers of seafood supply chains, protecting workers and creating an industry level playing field. The Baseline suggests that the Thai Government and the Ministry of Labour should reorient the inspectorate to investigate, identify and punish violations of labour laws. The Committee notes that, in this regard, the Ministry of Labour has sought to make new tools available to inspectors and, from 2015 to 2016, collaborated with the ILO under different projects to provide trainings to officials to build capacity on labour inspection. The Government indicates that Port In – Port out Controlling Centres (PIPO) were established on 12 June 2015 to conduct fishing vessels inspections. Acknowledging that the rate of prosecutions nevertheless remained low, DLPW issued the Rules concerning Labour Inspection and Criminal Procedure against offences under the Ministerial Regulation on Labour Protection Sea Fishery Work (No. 2) B.E. 2561 effective from 15 July 2018. The Committee notes the establishment of a Fishermen’s Life Enhancement Centre (FLEC) with Stella Maris to improve the quality of life for workers in sea fishery and provides access to services and assistance for workers and victims of labour exploitation. The Committee also notes the establishment of Provincial Coordination Centres for Sea Fishery Workers in 22 provinces to encourage bringing in migrant workers through legal channels. Regarding overseas employment, the Government notes that in 2017 there were 168,438 Thai workers working overseas. The Ministry of Labour, through the Department of Employment provides overseas employment services for Thai workers as well as trainings and capacity building for workers in response to overseas labour market needs. The Ministry of Labour also implements projects, such as pre-departure orientation trainings, to assist and protect workers from falling victims of human trafficking and other forms of labour exploitation. The Committee notes that there are 13 overseas labour offices located in 12 countries which comprise a very important mechanism to ensure the protection of overseas Thai workers. The Committee requests the Government to continue to provide information on the impact of the measures implemented to address and resolve issues relating to migrant workers, especially those occupied in the fishing industry, including information on the labour violations identified in the supply chain, the sanctions imposed and the compensation awarded. It also requests the Government to continue to report on the measures taken or envisaged to prevent abuse and exploitation of migrant workers in Thailand.

Women. Prevention of discrimination. The Government indicates that women’s labour market participation rate stands at 60 per cent, but that women continue to face many cultural barriers to employment. The Government has taken a number of measures to increase women’s participation in the labour market. The Committee notes that the Ministry of Labour launched a nationwide promotional campaign for business establishments to dedicate an area as a “lactation corner” in 2006 and a promotional campaign for business establishments to create childcare centres in 2004. The Government indicates that the Ministry of Labour organizes International Women’s Day annually to raise awareness among government and social partners on the importance of women workers, decent work and workplace protection. The Committee takes note of the establishment of the Women’s Empowerment Fund on 23 June 2015, which provides financial support for activities aimed at empowering women. The Government indicates that it has developed and implemented legal mechanisms and procedures to prevent discrimination against women workers. The Committee notes the promulgation of the Gender Equality Act B.E. 2558 (2015) on 13 March 2015, which established the following mechanisms: the Gender Equality Promotion Committee (or the Sor-Tor-Por Committee), responsible for policymaking, determining measures, work plans and monitoring to ensure gender equality; the Committee on the Determination of Unfair Gender Discrimination; and the Gender Equality Promotion Fund, established to cover expenses used in promoting gender equality or to provide compensation for women, men, or LGBTQ persons who experience unfair treatment on the basis of their gender or sexual orientation. The Committee requests the Government to continue to provide information, including statistical data disaggregated by sex and age, on the impact of the measures taken to promote increased participation of women in the labour market at all levels, and to prevent discrimination in terms of employment.

Informal economy workers. The Government indicates that the number of informal workers in Thailand increased from 32.48 per cent in 2012 to 36.24 per cent in 2016. The Government indicates that social security and welfare coverage was extended under the 11th Social and Economic Development Plan, making it more inclusive and more easily accessible for informal workers. It adds that, as a consequence, the ratio of informal workers with access to social security benefits increased from 3.7 per cent in 2011, the last year of the 10th Plan, to 10.75 per cent at the end of the 11th Plan. The Committee also notes that skills development training provided under the Skills Development Promotion Act B.E. 2545, aims to improve the employability of persons belonging to target groups, including informal workers. The Committee requests the Government to supply information, including disaggregated data, on the impact of the measures implemented to promote the transition to formal employment and extend access to social security benefits to workers in the informal economy. Referring to the Transition from the Informal to the Formal Economy Recommendation, 2015 (No. 204), the Committee reiterates its request that the Government include information on the nature and impact of measures taken to facilitate the transition of informal workers from the informal economy to the formal labour market.