Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

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

Previous comment

Small and medium-sized enterprises (SMEs). The Government indicates that, during the reporting period, it promoted the growth of SMEs under an enterprise promotion plan for small and medium-sized enterprises, No. 4 (2017–21), which was supplemented by the SMEs Promotion Plan 2021–22. It adds that the SME Action Plan, No. 5 B.E. 2023–27, will soon be implemented. In 2019, the definition of micro, small and medium-sized enterprises (MSMEs) was modified on the basis of annual revenue and employment, in order to effectively promote the targeted entrepreneurs to better suit the economic situation. From 2019 to 2021, the number of MSMEs increased by 1.15 per cent annually (or an average of 67,966 enterprises per year), with an average yearly number of 3,139,221 enterprises for that period. In 2021, the MSMEs’ contribution to the national gross domestic product amounted to 34.5 per cent, with 12,601,726 workers employed. The Committee wishes to stress that, as recognized the Job Creation in Small and Medium-Sized Enterprises Recommendation, 1998 (No. 189), creating a favourable environment for the emergence of sustainable micro, small and medium sized enterprises is a reservoir for decent work and productive employment creation and also represents a key component for effective formalization strategies. It therefore requests the Government to continue to provide detailed information on the initiatives taken or envisaged to support micro, small and medium-sized enterprises and to promote the creation of sustainable jobs through micro and small enterprises. The Committee further requests the Government to provide information on measures and incentives aimed at assisting and upgrading the informal sector to become part of the organized sector. It also requests the Government to continue to provide detailed, up-to-date information on the impact of the measures taken to generate employment through the promotion and support of sustainable small and medium-sized enterprises.

Skills development. The Government indicates that it attaches great importance to skills development as a tool to prepare the workforce to, for example, upgrade competencies, increase labour productivity, and acquire vocational skills that meet the demands of the labour market. The average number of workers enrolled in skills development training from 2017 to 2021 was 210,349, and the average number of trainees who were employed after completing training was 78,234 people (varying from 48,620 in 2020 to 106,258 in 2018). The Government indicates that the social partners play a key role in the development of vocational training programmes and measures through, for example, the National Committee on Labour Development and Vocational Training Coordination, the Skill Promotion Committee, and the Subcommittee on the Wage Rate according to the Skill Standards. The Committee requests the Government to continue to provide information on the nature and impact of the skills development measures adopted, particularly with regard to their impact on access to sustainable productive employment. It also requests the Government to continue to provide information on the manner in which the representatives of employers and workers participate in the development of vocational training programmes and measures.

Rural workers. The Government indicates that efforts were made to increase employment in rural areas. The Ministry of Labour has taken measures to support the employment of rural workers through, for example, the Addressing Occupational Difficulty Project, training on increasing labour productivity, vocational skills training, and vocational guidance. The Addressing Occupational Difficulty Project aims to support workers in the rural areas of 76 provinces by providing employment opportunities for the public benefit or engaging in vocational skills development. There were 142,285 workers that benefitted from this project during the 2017–21 period. With respect to the impact of the other measures implement during the reporting period, the Committee notes that 56,356 participants enrolled in the training on increasing labour productivity in SMEs from 2018 to 2021, and 3,002 trainees participated in the vocation skills training project. In terms of vocational guidance for students, unemployed insured persons and the general public, the total number of participants reached 2,115,780 from 2017 to 2021. The Committee requests the Government to continue to provide detailed information on the impact of the measures taken to promote the employment of rural workers.

Migrant workers. In response to the Committee’s previous comments, the Government reports that Thailand concluded memorandum of understanding (MOU) agreements on the administration of migrant workers with neighboring countries in order to establish a regular channel for migrant workers to stay and work legally in Thailand, and be fully protected by relevant laws and regulations. These MOU agreements also promote cross-border cooperation to prevent labour exploitation, forced labour and human trafficking. The number of migrant workers under the MOU system increased from 582,726 workers in 2017 to 1,005,848 in 2019, and slowed down during the COVID-19 pandemic to 797,158 in 2020, and 594,408 in 2021. In the 2021–22 period, the Ministry of Labour developed Standard Operating Procedures (SOPs) for the preliminary screening of potential victims of labour exploitation, forced labour, or human trafficking, in accordance with the Anti-Human Trafficking Prevention and Suppression Act of 2008. The SOPs were disseminated to all relevant agencies at the provincial level. The Government indicates that various measures were adopted in 2021 for the administration of migrant workers during the COVID-19 pandemic, which allowed undocumented migrant workers from Cambodia, Lao People’s Democratic Republic and Myanmar whose work permit had expired to continue to stay and work in Thailand. A total of 2,328,409 migrant workers benefited from these measures. Moreover, the Government refers to the implementation of various projects, in collaboration with the ILO, to promote decent work for migrant workers, including the Ship to Shore Rights South East Asia initiative, the TRIANGLE in ASEAN programme, and the Safe and Fair programme. With regard to migrant workers in the fishing industry, the Committee refers to its comments on the application of the Work in Fishing Convention, 2007 (No. 188). The Committee requests the Government to continue to provide information on the impact of the labour market measures implemented to address and resolve issues relating to migrant workers. 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 and improve the likelihood of obtaining decent work.

Article 3 of the Convention. Consultations with the social partners. The Committee notes the Government’s indication that significant consultations were held with the social partners with regard to the development and implementation of the 12th National Economic and Social Development Plan. The Government also refers to consultations with the social partners during the ratification process of the Work in Fishing Convention, 2007 (No. 188), including the corresponding legislative review process, as well as consultations within the National Wage Committee to approve a new minimum wage in 2022. The Committee requests the Government to provide more specific information on the consultations held with the social partners with regard to the development and implementation of active employment policy measures under the 13th National Economic and Social Development Plan (2023-27).