Employment Service Convention, 1948 (No. 88) - Thailand (Ratification: 1969)

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

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Article 7 of the Convention. Particular categories of applicants for employment. The Committee takes note of the signing of the Thailand Decent Work Country Programme (DWCP) for 2019–21, which sets priorities and key country outcomes. One of the priorities identified is to promote an enabling environment for the growth of decent and productive employment. In relation with this objective, one of the country outcomes is “effective demand-based and gender responsive employment services and the improved and expanded promotion of technical/vocational skills for all genders, with a particular focus on the employability of youth and older persons”. The Committee requests the Government to provide updated information on the measures taken to promote a gender-responsive approach by the employment service. Furthermore, the Committee requests the Government to provide updated and detailed information on the measures taken for women, young persons and older people, within the framework of the vocational guidance services.

Application of the Convention in practice. The Committee welcomes the detailed statistics provided by the Government regarding the numbers of unemployed people and job placements, as well as the number of vacancies over the period 2015–22. The Committee requests the Government to continue to provide updated statistical information on the number of public employment offices established, the number of applications for employment received, the number of vacancies notified, and the number of persons placed in employment by such offices.

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

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The Committee notes the observations of the National Congress of Thai Labour (NCTL) and of the Employers’ Confederation of Thailand (ECOT), received on 22 November 2022, to which the Government has provided its comments.

Articles 4 and 5 of the Convention. Consultation and cooperation with the social partners. The Committee takes note of the observations made by the ECOT regarding the lack of consultation prior to the adoption of new legislation and measures relating to the Convention. The Government replies that, in conformity with the Employment Arrangement and Jobseeker Protection Act, B.E. 2528 (1985) a Committee on the development of employment arrangement and jobseekers’ protection was created which counts among its members, one member appointed from the employees and one member appointed from the employers. Its powers and duties include making recommendations to the Minister of Labour on policies and measures related to employment and jobseekers’ protection, on challenges in employment arrangements and jobseekers’ protection and on the prevention and suppression of deceit against jobseekers. It also provides guidance and counsel to employment agencies on overseas employment standards, on the promotion of employment, on the development of skills for the Thai labour market, on the determination of standards and practices for skill testing and may perform other duties as assigned by the Cabinet or the Minister of Labour. The Committee notes from the Government’s report that the Committee on the development of employment arrangement and jobseekers’ protection held four meetings between 2014 and 2018 to discuss “various related issues”. The Committee however notes that no meetings have taken place since 2018, when the three-year term of the Committee on the development of employment arrangement and jobseekers’ protection ended. The Government indicates in that regard that the selection process for the appointment of new members of this Committee is underway. The Committee recalls that Articles 4 and 5 of the Convention require the establishment of advisory committees with a view to ensuring the full cooperation of employers’ and workers’ representatives in the organization and operation of the public employment service. Noting with concern that that the three-year term of the Committee on the development of employment arrangement and jobseekers’ protection has expired, the Committee hopes that the Government will take all necessary measures to give effect without delay to these important provisions of the Convention and requests the Government to provide information on any progress made in this regard.

Article 6(b)(iv). Migrant workers. The Government indicates that it has taken several measures to prevent abuse in the recruitment and the exploitation of migrant workers. First, the Government states that, under the Employment Arrangement and Jobseeker Protection Act B.E. 2528 (1985), the Maritime Labour Act B.E. 2558 (2015), the Foreigners’ Working Management Emergency Decree B.E. 2560 (2017) and the Revision No. 2 B.E. 2561 (2018), all private employment agencies must be licensed by the Government. As a result, as of 25 April 2022: (i) 300 recruitment offices/agencies are allowed to arrange “domestic placement” for job seekers, (ii) 129 recruitment agencies are allowed to arrange job placements overseas, (iii) 6 recruitment agencies are allowed to arrange placements for seafarers and (iv) 245 companies are allowed to place migrant workers in Thailand. Second, the Government indicates that, in 2022, the Department of Employment inspected an important number of recruitment agencies/offices: (i) 175 recruitment offices/agencies that are allowed to arrange domestic placement, (ii) 123 recruitment agencies that are allowed to arrange overseas placements, (iii) 6 recruitment agencies that are allowed to place seafarers and (iv) 225 companies that are allowed to place migrant workers in Thailand. Third, the Government indicates that, as a result of these inspections, 35 recruitment offices/agencies that place job seekers in Thailand had their licenses suspended (for not submitting monthly recruitment reports to the registrar) and recruitment agencies that arrange overseas placements also got license suspensions (on several grounds). Fourth, the Government indicates that, in 2016, Migrant Workers Assistance Centres were established in ten provinces throughout the country. These centers provide consultations, guidelines, and assistance to migrant workers. They further cooperate with organizations that prevent human trafficking. In terms of impact, the centers assisted 3,452 migrant workers in 2016, 52,983 migrant workers in 2017, 46,109 migrant workers in 2018, 42,653 migrant workers in 2019, 41,240 migrant workers in 2020, 38,749 migrant workers in 2021 and 25,864 migrant workers in 2022. Fifth, the Government indicates that it continues to manage the migration of workers to Thailand through the signature of Memorandums of Understanding (MOUs) with its neighbouring countries. In 2015–17, the Government signed MOUs with Cambodia, the Lao People’s Democratic Republic, Myanmar, and Vietnam. Regarding the impact of the MOUs, the Government indicates that the number of migrant workers who registered with the MOU process was: 279,311 in 2015, 392,749 in 2016, 582,726 in 2017, 912,231 in 2018, 1,005,848 in 2019, 797,158 in 2020, and 594,408 in 2021. In the context of the COVID-19 pandemic, cross-border recruitment under the MOU procedure resumed in December 2021. Migrant workers had to provide evidence of vaccination or a certificate showing a history of COVID-19 infection in the past three months. Some 474,834 migrant workers registered with the MOU process in 2022. Sixth, during the COVID-19 pandemic, the Government took several measures to allow migrant workers who were already in Thailand to keep working in the country. The Government adopted several resolutions allowing the renewal and the extension of work permits or legalizing the status of migrant workers without work permit. Regarding the observations received from social partners, the Committee notes that the NCTL has no objection to the Government’s indications in its report. The Committee also notes the observations submitted by the ECOT, indicating that the smuggling of migrant workers persists. The ECOT observes that the smuggling of migrant workers is low-risk, cheaper, and faster than the legal channels, and that eventually, illegal workers receive amnesty and can apply for work permits. In reply, the Government reiterates that it has introduced various relief measures for migrant workers. Notably, the Government has enabled migrant workers to come work in Thailand under the MOU process, including during the COVID-19 pandemic. The Government affirms that the MOU process tackles the smuggling of illegal workers and prevents human trafficking. Moreover, on 30 May 2022, the Government issued the Order of the Centre for the Administration of the Situation due to the Outbreak of the Communicable Disease Coronavirus 2019 (COVID-19) No. 11/2565 (in effect since 1 June 2022), which reduces the length and the cost of the MOU process. As a result, as of October 2022, the cost of migration through the MOU process is 5,890 Thai bahts (instead of 11,409 to 24,200 bahts before) and the process takes approximately 20 to 30 service days, depending on the procedures in the country of origin. The Government further recalls that it took several resolutions to allow migrant workers who were in Thailand to stay in the country during the COVID-19 pandemic. The Government specifies that such measures were taken with a view to preventing undocumented workers from being exploited during this difficult time, as the Government considers irregular workers as being vulnerable rather than having committed crimes. The Government also indicates that law enforcement, the military, police, and the local administrative offices in the provinces at the border of the country have intercepted smuggling of migrant workers. Further, the Department of Employment regularly inspects companies at risk of employing irregular workers and takes this opportunity to inform the employers on the process to hire migrant workers legally.Taking due note of the above information, the Committee wishes to acknowledge the efforts made by the Government to facilitate the movement of workers between Thailand and the neighbouring countries and prevent the abuse in the recruitment and exploitation of migrant workers. Noting the concerns expressed by the ECOT, the Committee requests the Government to continue providing detailed information on the impact of the measures taken, including by the public employment service, to protect migrant workers during recruitment and placement and to facilitate their movement across borders, with due regard to their fundamental rights. The Government is also requested to provide updated statistical data, disaggregated by country of origin and by sex, on the migrant workers working in the country under the above MoUs as well as outside of these frameworks and their access to employment services.

Article 11 of the Convention. Effective cooperation between the public employment service and private employment agencies. Regarding the participation of the private employment agencies in the activities of the Committee on the development of employment arrangement and jobseekers’ protection, the Government indicates that, in accordance with the Employment Arrangement and Jobseeker Protection Act, B.E. 2528 (1985), the Cabinet appoints to the Committee at least three persons with knowledge of employment and jobseekers’ protection. The Thai Overseas Manpower Association has been appointed for its knowledge in the recruitment and protection of jobseekers. The Thai Overseas Manpower Association has 57 licensed private employment agencies among its members and aims at promoting overseas employment placement. Regarding the measures taken to secure effective cooperation between the public employment service and private employment agencies, the Government indicates that, on 30 June 2020, the Department of Employment and six private recruitment agencies signed a MOU for Cooperation in Job Arrangements. In conformity with this MOU, the Department of Employment and the private agencies have been exchanging job announcements. The Department of Employment has also been providing a link to the job vacancies database of the six private agencies on its website, and vice versa. This allowed jobseekers to have better access to information. The six private recruitment agencies also provided the Department of Employment with statistical information, enabling it to assess trends in the labour market. The MOU for Cooperation in Job Arrangements was initially in effect until June 2023 and is expected to be renewed for a continued implementation. The Government indicates that the Department of Employment has a project to exchange employment information with three additional private employment agencies in 2023. Regarding the observations received from the social partners, the Committee notes that the ECOT is concerned that, although a core principle is that private employment services should be non-profit, the collection of fees and expenses is not prohibited under Thai law. The ECOT further finds that the use of the term fees and expenses in the relevant Thai legislation is ambiguous and may be interpreted differently. The Government replies that several texts regulate the collection of fees and expenses by private recruitment agencies. The Employment Arrangement and Jobseeker Protection Act B.E. 2528 (1985) and Revision state that domestic private employment agencies are prohibited from demanding or receiving any money or property from jobseekers other than service fees or expenses, at a rate not exceeding the rate prescribed by the Minister of Labour. In conformity with this same Act, overseas employment agencies are prohibited from demanding or accepting fees from jobseekers except to the extent permitted by the Director-General of the Department of Employment. The Rule of the Ministry of Labour on Service Fees and Expenses Rates to be Collected from Jobseekers B.E. 2547 (2004), stipulates that the fees and expenses received or demanded by domestic private employment agencies shall not exceed 25 per cent of the workers’ wages in the first month of work. Overseas employment agencies however may demand/receive fees or expenses from jobseekers which do not exceed 100 per cent of the wages in the first month of work, when the contract is of one year or more. For employment contracts of less than a year, the fees shall be reduced proportionately. The Foreigners’ Working Management Emergency Decree B.E. 2563 (2017) and Revision No. 2 B.E. 2564 (2018) prohibits private employment agencies that bring migrant workers to work in the country from demanding/accepting money or property from employers or workers, except for the fees and expenses listed in a notice from the Department of Employment, at the rate prescribed thereby. The notice of the Department of Employment entitled “Items and rates of service fees and expenses for bringing migrant workers to work with employers in the country,” B.E. 2564 (2021) states that companies allowed to bring migrant workers to work in Thailand can demand fees from employers at a rate not exceeding 25 per cent of the workers’ wages in the first month of work. Noting that the fees and expenses that overseas employment agencies may demand to jobseekers appear substantial (amounting to approximately 8 per cent of the annual remuneration) and unrelated to any specific service offered to the workers, the Committee requests the Government to provide further information in this regard, taking into account the provisions of Article 11 of the Convention.The Government is further requested to indicate what countries the overseas employment agencies primarily draw jobseekers from, as well as to indicated how many jobseekers are being charged these high fees every year. Taking into account the fact that, pursuant to Article 11 of the Convention, the co-operation between the public employment service and private employment agencies cannot be conducted with a view to profit, the Government is asked to indicate the types of services offered that justify allowing the rate of fees and expenses that is four times that charged by domestic agencies. The Committee also requests the Government to provide updated information on the manner in which private employment agencies participate in the activities of the Committee on the development of employment arrangement and jobseekers’ protection, once it is operational again. More generally, the Committee requests the Government to continue providing detailed and updated information on the measures taken to secure effective cooperation between the public employment service and private employment agencies. In this regard, recalling the campaign launched by the Office in May 2022 to promote the ratification of both the Public Employment Services Convention, 1948 (No. 88), and the Private Employment Agencies Convention, 1997 (No. 181), the Committee invites the Government to consider ratifying Convention No. 181, as the most up-to-date instrument in the area of private employment services, which in turn complements the effective implementation of Convention No. 88.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 6(b)(iv) of the Convention. Migrant workers. The Government indicates in its report that, as of April 2014, a total of 205 companies applied for a recruitment service licence for both domestic and foreign workers and 198 of them had received it. The Committee notes that through the Memorandum of Understanding on Employment Cooperation, signed by Thailand, Cambodia, Lao People’s Democratic Republic and Myanmar, employers requested nearly 1,025,000 migrant workers during the period of 2005–14 and over 503,000 migrant workers from the signatory countries were granted permission to work in Thailand. It also notes that the National Council for Peace and Order (NCPO) issued an announcement No. 70/2557 on 25 June 2014 on interim measures in solving the problems of migrant workers and human trafficking, which set up the One-Stop Service (OSS) Centres in order to protect migrant workers. By October 2014, approximately 316,000 employers submitted requests to employ migrant workers and about 1,534,000 migrant workers were registered with the OSS Centres. Migrant workers registered with the OSS Centres will be requested to undertake the nationality verification process. The Government indicates that, during the 2010–13 period, close to 1,825,000 migrant workers received the national verification which legalizes the employment status of migrant workers, including roughly 1,630,000 workers from Myanmar, 154,000 from Cambodia and 41,000 from Lao People’s Democratic Republic. Referring to its observation on the application of the Employment Policy Convention, 1964 (No. 122), on this matter, the Committee requests the Government to provide information on the impact of the measures taken by the public employment service to prevent abuse in the recruitment of labour and the exploitation of migrant workers in Thailand as well as to facilitate their movement across borders, with due regard to their fundamental rights.

Article 11. Effective cooperation between the public employment service and private employment agencies. The Government indicates that licensed recruitment agencies may select jobseekers from a list provided in the registration centres of the Department of Employment based on the regulation issued by the same Department. It also indicates that the Department of Employment appointed representatives from private employment agencies to participate as members in the Committee on the development of the recruitment and protection of jobseekers. In 2012–13, the Department of Employment cooperated with private employment agencies in measures to reduce the service charge fees and other expenses borne by jobseekers, particularly by rendering 95 private employment agencies to participate in a campaign to reduce service charge fees and expenses of Thai workers in Taiwan. The Committee requests the Government to provide information on the manner in which the private employment agencies participate in the activities of the Committee on the development of the recruitment and protection of jobseekers, as well as on the measures taken to secure effective cooperation between the public employment service and private employment agencies.

Application of the Convention in practice. The Committee notes that between October 2013 and September 2014, about 1,039,000 job applicants, 443,870 job vacancies and 372,000 job placements were registered in 87 government employment offices. Moreover, about 119,000 workers were employed overseas during the same period, including through the Department of Employment (10,097 persons) and private recruitment agencies (34,846 persons). The Committee requests the Government to continue to provide statistical information on the number of public employment offices established, the number of applications for employment received, the number of vacancies notified and the number of persons placed in employment by such offices.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous comments.

Repetition

Article 6(b)(iv) of the Convention. Measures to facilitate the movement of migrant workers across borders. The Government recalls that since 2004 seven strategies for the management of foreign workers were defined with the ultimate goal of “employing alien workers legally”. The implementation of the strategy was divided into three phases: Phase 1 is the registration of Burmese, Laotian and Cambodian migrant workers in Thailand. These registered workers are allowed to temporarily work for a period not exceeding one year while awaiting repatriation. The number of foreign workers with work permit renewal reached, in 2007, 535,732 persons and, in 2008, 510,570 persons. Phase 2 seeks to adjust registered alien workers’ status to that of legal migrant workers. This phase implies that the nationalities are verified and the workers have to apply for the visa with the Thai authority in order to further apply for the work permit. This situation concerned some 41,000 Laotian and 33,856 Cambodian workers as of September 2008, while Burmese workers are still under the registration process; Phase 3 aims for the recruitment of alien workers with regard to Memoranda of Understanding (MOU) signed between the Thai Government and Cambodia, Lao People’s Democratic Republic and Myanmar. The Government further indicates that the strategy prescribed under the policy on overseas employment services emphasizes extending overseas labour market and maintaining the existing presence of Thai workers abroad. New labour markets in Europe and South Africa are promoted; Thai workers abroad are located mostly in the Republic of Korea and other Asian countries. MOUs have been concluded with receiving countries, mainly Japan, Republic of Korea, Israel, Malaysia and the United Arab Emirates. In its 2010 General Survey concerning employment instruments, the Committee highlighted the importance of public employment services in the facilitation of occupational and geographical mobility for the achievement of full employment (see paragraph 269 of the 2010 General Survey). On this important issue, the Committee refers to its observations on the application of the Employment Policy Convention, 1964 (No. 122). It requests the Government to provide information on the effect of the measures taken by the public employment service to prevent abuse in the recruitment of labour and the exploitation of migrant workers in Thailand and facilitate their registration. As indicated in the 2010 General Survey concerning employment instruments, action at the national and international levels is essential to eradicate abuses by intermediaries that engage in human trafficking or otherwise violate rights enshrined in the fundamental Conventions.

Strengthening public employment services to adequately protect migrant workers. The Committee notes the efforts made to provide greater protection for migrant workers by introducing measures to verify the nationalities of migrant workers in order to regularize their employment status. The Government further indicates that the Department of Employment has informed employers to register their demand for workers in positions experiencing labour shortages and their need for migrant workers from Myanmar, Cambodia and Lao People’s Democratic Republic in support of government-to-government cooperation and the respective MOUs. The Committee asks the Government to provide further information on the impact of the measures adopted to strengthen employment services for adequate protection of migrant workers.

Effective cooperation between the public employment service and private employment agencies. The Government states that no measures are taken at present regarding cooperation between the public employment service and private employment agencies. The Committee notes the data provided by the Government in its report indicating that 161,852 Thai workers were placed overseas (and 137,940 workers were placed abroad between January and November 2009). The Committee refers to its 2010 General Survey concerning employment instruments and invites the Government to adopt an appropriate legal framework regulating private employment agencies. It also invites the Government to include in its next report information on measures adopted to ensure cooperation between the public employment service and the private employment agencies.

Part IV of the report form. Information on public employment services. The Committee notes the detailed information provided by the Department of Employment on job applicants, job vacancies and job placement. The Committee invites the Government to continue to provide statistical information on the number of public employment offices established, the number of applications for employment received, the number of vacancies notified, and the number of persons placed in employment by such offices.

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

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the information provided by the Government in February 2010, in reply to its previous direct requests.

Article 6(b)(iv) of the Convention. Measures to facilitate the movement of migrant workers across borders. The Government recalls that since 2004 seven strategies for the management of foreign workers were defined with the ultimate goal of “employing alien workers legally”. The implementation of the strategy was divided into three phases: Phase 1 is the registration of Burmese, Laotian and Cambodian migrant workers in Thailand. These registered workers are allowed to temporarily work for a period not exceeding one year while awaiting repatriation. The number of foreign workers with work permit renewal reached, in 2007, 535,732 persons and, in 2008, 510,570 persons. Phase 2 seeks to adjust registered alien workers’ status to that of legal migrant workers. This phase implies that the nationalities are verified and the workers have to apply for the visa with the Thai authority in order to further apply for the work permit. This situation concerned some 41,000 Laotian and 33,856 Cambodian workers as of September 2008, while Burmese workers are still under the registration process; Phase 3 aims for the recruitment of alien workers with regard to Memoranda of Understanding (MOU) signed between the Thai Government and Cambodia, Lao People’s Democratic Republic and Myanmar. The Government further indicates that the strategy prescribed under the policy on overseas employment services emphasizes extending overseas labour market and maintaining the existing presence of Thai workers abroad. New labour markets in Europe and South Africa are promoted; Thai workers abroad are located mostly in the Republic of Korea and other Asian countries. MOUs have been concluded with receiving countries, mainly Japan, Republic of Korea, Israel, Malaysia and the United Arab Emirates. In its 2010 General Survey concerning employment instruments, the Committee highlighted the importance of public employment services in the facilitation of occupational and geographical mobility for the achievement of full employment (see paragraph 269 of the 2010 General Survey). On this important issue, the Committee refers to its observations on the application of the Employment Policy Convention, 1964 (No. 122). It requests the Government to provide information on the effect of the measures taken by the public employment service to prevent abuse in the recruitment of labour and the exploitation of migrant workers in Thailand and facilitate their registration. As indicated in the 2010 General Survey concerning employment instruments, action at the national and international levels is essential to eradicate abuses by intermediaries that engage in human trafficking or otherwise violate rights enshrined in the fundamental Conventions.

Strengthening public employment services to adequately protect migrant workers. The Committee notes the efforts made to provide greater protection for migrant workers by introducing measures to verify the nationalities of migrant workers in order to regularize their employment status. The Government further indicates that the Department of Employment has informed employers to register their demand for workers in positions experiencing labour shortages and their need for migrant workers from Myanmar, Cambodia and Lao People’s Democratic Republic in support of government-to-government cooperation and the respective MOUs. The Committee asks the Government to provide further information on the impact of the measures adopted to strengthen employment services for adequate protection of migrant workers.

Effective cooperation between the public employment service and private employment agencies. The Government states that no measures are taken at present regarding cooperation between the public employment service and private employment agencies. The Committee notes the data provided by the Government in its report indicating that 161,852 Thai workers were placed overseas (and 137,940 workers were placed abroad between January and November 2009). The Committee refers to its 2010 General Survey concerning employment instruments and invites the Government to adopt an appropriate legal framework regulating private employment agencies. It also invites the Government to include in its next report information on measures adopted to ensure cooperation between the public employment service and the private employment agencies.

Part IV of the report form. Information on public employment services. The Committee notes the detailed information provided by the Department of Employment on job applicants, job vacancies and job placement. The Committee invites the Government to continue to provide statistical information on the number of public employment offices established, the number of applications for employment received, the number of vacancies notified, and the number of persons placed in employment by such offices.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the information provided by the Government in April 2007, in reply to its 2005 observations. The Government also provided information in October 2007 in relation to the observations made by the National Congress of Thai Labour (NCTL).

1. Article 6, subparagraph (b), clause (iv), of the Convention. Measures to facilitate the movement of migrant workers across borders. The Government indicated that the Department of Employment of the Ministry of Labour has taken steps to assist those who are seeking employment overseas. Such measures have included negotiations for employment quotas for Thai workers not only with those countries which mainly receive Thai nationals, but also with other countries. Additionally, joint committees have been set up between sending and receiving countries to address problems related to employment. Furthermore, Memoranda of Understanding has been concluded between Thailand and receiving countries to ensure that the fundamental rights of Thai nationals working overseas are protected. At present, such agreements have been signed with Japan, the Republic of Korea and Malaysia. The Committee also notes the measures taken by the Government to open up legal migration channels through bilateral agreements with Cambodia, the Lao People’s Democratic Republic and Myanmar. It also notes the schemes to provide legal status to illegal migrant workers so that they would be entitled to rights and benefits equal to Thai nationals. The Committee would appreciate receiving information on how these bilateral agreements have been effective in fully protecting migrant workers. The Committee would welcome receiving further information on whether measures have been taken to increase awareness and restore confidence amongst jobseekers in public employment services to secure employment abroad.

2. Strengthening public employment services to adequately protect migrant workers. The Government’s report indicates that several measures have been taken to address the needs of migrant workers. These include coordinating labour migration especially with respect to assisting agricultural workers find employment during the off season, organizing job fairs where jobseekers can directly meet employers; providing job-related information and employment guidance in remote rural areas and small communities and penalizing private recruitment agencies engaged in unfair practices. The Committee refers to its observation on the application of Convention No. 122 and requests the Government to continue providing detailed information on measures to strengthen employment services to protect migrant workers during recruitment and placement.

3. Effective cooperation between public employment service and private employment agencies. To achieve such cooperation, the Government recalls that it enacted the Recruitment and Job-Seekers Protection Act B.E. 2528 (1985) which allows private sector enterprises to establish recruitment agencies upon obtaining a government licence. The Government has taken several measures to guarantee that cooperation with licensed private recruitment agencies will be performed effectively. Such measures include arranging annual meetings of representatives of recruitment agencies to keep them updated on laws and regulations. It also includes regular inspections of recruitment agencies and setting up of counter‑fraudulence employment centres in every province. The Committee invites the Government to continue to provide information on the appropriate measures taken in order to achieve cooperation between the public employment service and private employment agencies in the field of international migration.

4. Part IV of the report form. Information on public employment services. The Committee notes the observations submitted by the National Congress of Thai Labour (NCTL) in May 2007 indicating that there is no information regarding job vacancies and recruitment in both public and private employment services. The NCTL also stated that public employment services are still the only source for information and that such information is not available from private agencies. Furthermore, grievance procedures, inspections and penalties associated with malpractices need to be strengthened to ensure effective implementation of the legislation. In a reply received in October 2007, the Government indicates that job vacancy information is available online via its 86 centres and job recruitment can be accessed via the Internet. The Committee requests the Government to furnish statistical information available in published annual or periodical reports concerning the number of public employment offices established, the number of applications for employment received, the number of vacancies notified and the number of persons placed in employment by such offices.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the information provided by the Government in April 2007, in reply to its 2005 observations. The Government also provided information in October 2007 in relation to the observations made by the National Congress of Thai Labour (NCTL).

1. Article 6(b)(iv) of the Convention. Measures to facilitate the movement of migrant workers across borders. The Government indicated that the Department of Employment of the Ministry of Labour has taken steps to assist those who are seeking employment overseas. Such measures have included negotiations for employment quotas for Thai workers not only with those countries which mainly receive Thai nationals, but also with other countries. Additionally, joint committees have been set up between sending and receiving countries to address problems related to employment. Furthermore, Memoranda of Understanding has been concluded between Thailand and receiving countries to ensure that the fundamental rights of Thai nationals working overseas are protected. At present, such agreements have been signed with Japan, the Republic of Korea and Malaysia. The Committee also notes the measures taken by the Government to open up legal migration channels through bilateral agreements with Cambodia, the Lao People’s Democratic Republic and Myanmar. It also notes the schemes to provide legal status to illegal migrant workers so that they would be entitled to rights and benefits equal to Thai nationals. The Committee would appreciate receiving information on how these bilateral agreements have been effective in fully protecting migrant workers. The Committee would welcome receiving further information on whether measures have been taken to increase awareness and restore confidence amongst jobseekers in public employment services to secure employment abroad.

2. Strengthening public employment services to adequately protect migrant workers. The Government’s report indicates that several measures have been taken to address the needs of migrant workers. These include coordinating labour migration especially with respect to assisting agricultural workers find employment during the off season, organizing job fairs where jobseekers can directly meet employers; providing job-related information and employment guidance in remote rural areas and small communities and penalizing private recruitment agencies engaged in unfair practices. The Committee refers to its observation on the application of Convention No. 122 and requests the Government to continue providing detailed information on measures to strengthen employment services to protect migrant workers during recruitment and placement.

3. Effective cooperation between public employment service and private employment agencies. To achieve such cooperation, the Government recalls that it enacted the Recruitment and Job-Seekers Protection Act B.E. 2528 (1985) which allows private sector enterprises to establish recruitment agencies upon obtaining a government licence. The Government has taken several measures to guarantee that cooperation with licensed private recruitment agencies will be performed effectively. Such measures include arranging annual meetings of representatives of recruitment agencies to keep them updated on laws and regulations. It also includes regular inspections of recruitment agencies and setting up of counter‑fraudulence employment centres in every province. The Committee invites the Government to continue to provide information on the appropriate measures taken in order to achieve cooperation between the public employment service and private employment agencies in the field of international migration.

4. Part IV of the report form. Information on public employment services. The Committee notes the observations submitted by the National Congress of Thai Labour (NCTL) in May 2007 indicating that there is no information regarding job vacancies and recruitment in both public and private employment services. The NCTL also stated that public employment services are still the only source for information and that such information is not available from private agencies. Furthermore, grievance procedures, inspections and penalties associated with malpractices need to be strengthened to ensure effective implementation of the legislation. In a reply received in October 2007, the Government indicates that job vacancy information is available on-line via its 86 centres and job recruitment can be accessed via the Internet. The Committee requests the Government to furnish statistical information available in published annual or periodical reports concerning the number of public employment offices established, the number of applications for employment received, the number of vacancies notified and the number of persons placed in employment by such offices.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat it 2005 observation, which read as follows:

The Committee notes the information in the Government’s report received in November 2004, which responded to the comments made in the Committee’s 1999 direct request. In February 2005, the Committee received from the National Congress of Thai Labour (NCTL) an observation to which the Government supplied its own comments.

1. Measures to facilitate the movement of migrant workers and cooperation with private employment agencies. The NCTL states that fraudulent practices are still used against jobseekers wishing to work overseas. Part of the problem is the lack of confidence jobseekers have in the services provided by the Government or in the fairness of government regulations. The NCTL invites the Government to be more proactive in publicizing its public employment services in order to reach greater numbers of jobseekers wishing to work overseas. It also invites the Government to regularly review the measures taken. In this respect, the NCTL adds that the Committee on the Development of Employment and Jobseekers Protection (CDEJP) functions inefficiently, and many jobseekers are unaware of the CDEJP’s services. The NCTL recommends providing the CDEJP with greater governmental support so that it can play a more active role.

2. In its reply, the Government enumerates the measures taken to address the deception against and exploitation of jobseekers by private recruitment agencies:

–      Defensive measures: Private recruitment agencies are monitored to ensure compliance with national legislation, and violations result in severe punishment. The Department of Employment collaborates with the Immigration Bureau to monitor workers going overseas. At airport checkpoints, workers must report in person and show valid documents indicating authorization to work abroad. The Government is continually engaged in campaigns to provide jobseekers with information on the procedures required to work abroad legally.

–      Offensive measures: The Government has established counter-fraudulence centres in employment offices at the provincial level to distribute information about overseas employment as well as to receive claims from jobseekers deceived by private recruiters. The sanctions taken against private recruitment agencies in violation of laws are also duly registered.

3. The Committee recalls that the public employment service shall take appropriate measures to “facilitate any movement of workers from one country to another which may have been approved by the governments concerned” (Article 6, subparagraph (b)(iv) of the Convention and Paragraph 27(2) of the Employment Service Recommendation, 1948 (No. 83), regarding international cooperation among employment services in the field of international migration). Furthermore, necessary measures shall be taken to secure effective cooperation between the public employment service and private employment agencies (Article 11 of Convention No. 88). Also keeping in mind the Committee’s comments on the application of the Employment Policy Convention, 1964 (No. 122), the Committee hopes that the Government will strengthen its public employment service in order to adequately protect migrant workers. It asks the Government to provide further details on the arrangements made to give full effect to Article 11 of Convention No. 88. The Committee also refers to the more recent provisions adopted by the International Labour Conference at its 85th Session (1997) concerning the prevention of abuse against migrant workers recruited by private employment agencies contained in Convention No. 181 and Recommendation No. 188. It recalls that Convention No. 181 recognizes the role played by private employment agencies in the labour market and the need for cooperation between the public employment service and private employment agencies.

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

[The Government is asked to reply in detail to the present comments in 2007.]

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the information in the Government’s report received in November 2004, which responded to the comments made in the Committee’s 1999 direct request. In February 2005, the Committee received from the National Congress of Thai Labour (NCTL) an observation to which the Government supplied its own comments.

1. Measures to facilitate the movement of migrant workers and cooperation with private employment agencies. The NCTL states that fraudulent practices are still used against jobseekers wishing to work overseas. Part of the problem is the lack of confidence jobseekers have in the services provided by the Government or in the fairness of government regulations. The NCTL invites the Government to be more proactive in publicizing its public employment services in order to reach greater numbers of jobseekers wishing to work overseas. It also invites the Government to regularly review the measures taken. In this respect, the NCTL adds that the Committee on the Development of Employment and Jobseekers Protection (CDEJP) functions inefficiently, and many jobseekers are unaware of the CDEJP’s services. The NCTL recommends providing the CDEJP with greater governmental support so that it can play a more active role.

2. In its reply, the Government enumerates the measures taken to address the deception against and exploitation of jobseekers by private recruitment agencies:

n  Defensive measures: Private recruitment agencies are monitored to ensure compliance with national legislation, and violations result in severe punishment. The Department of Employment collaborates with the Immigration Bureau to monitor workers going overseas. At airport checkpoints, workers must report in person and show valid documents indicating authorization to work abroad. The Government is continually engaged in campaigns to provide jobseekers with information on the procedures required to work abroad legally.

n  Offensive measures: The Government has established counter-fraudulence centres in employment offices at the provincial level to distribute information about overseas employment as well as to receive claims from jobseekers deceived by private recruiters. The sanctions taken against private recruitment agencies in violation of laws are also duly registered.

3. The Committee recalls that the public employment service shall take appropriate measures to "facilitate any movement of workers from one country to another which may have been approved by the governments concerned" (Article 6, subparagraph (b)(iv) of the Convention and Paragraph 27(2) of the Employment Service Recommendation, 1948 (No. 83), regarding international cooperation among employment services in the field of international migration). Furthermore, necessary measures shall be taken to secure effective cooperation between the public employment service and private employment agencies (Article 11 of Convention No. 88). Also keeping in mind the Committee’s comments on the application of the Employment Policy Convention, 1964 (No. 122), the Committee hopes that the Government will strengthen its public employment service in order to adequately protect migrant workers. It asks the Government to provide further details on the arrangements made to give full effect to Article 11 of Convention No. 88. The Committee also refers to the more recent provisions adopted by the International Labour Conference at its 85th Session (1997) concerning the prevention of abuse against migrant workers recruited by private employment agencies contained in Convention No. 181 and Recommendation No. 188. It recalls that Convention No. 181 recognizes the role played by private employment agencies in the labour market and the need for cooperation between the public employment service and private employment agencies.

[The Government is requested to reply in detail to the present comments in 2006.]

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its 1999 direct request, which read as follows:

The Committee notes the information contained in the Government’s detailed report for the period ending September 1999. It also notes the comments of the Employers’ Confederation of Thailand (ECOT) concerning establishing advisory committees for cooperation with representatives of employers’ and workers’ organizations. Please supply further information on how cooperation is assured, as required under Articles 4, 5 and 10, of the Convention.

Article 9(4). ECOT considers that the employment service staff should have broader training. Please specify the content of training required of the employment service staff.

Article 11. The Committee also notes that the Government’s report does not provide information on how cooperation with private placement agencies is facilitated, and that the Job-Seekers Protection Act, 1985, enclosed with the report, only regulates private agencies. Furthermore, ECOT states that cooperation with private not-for-profit placement agencies is poor. Please include in the next report details on how cooperation is facilitated.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the information contained in the Government's detailed report for the period ending September 1999. It also notes the comments of the Employers' Confederation of Thailand (ECOT) concerning establishing advisory committees for cooperation with representatives of employers' and workers' organizations. Please supply further information on how cooperation is assured, as required under Articles 4, 5 and 10, of the Convention.

Article 9(4). ECOT considers that the employment service staff should have broader training. Please specify the content of training required of the employment service staff.

Article 11. The Committee also notes that the Government's report does not provide information on how cooperation with private placement agencies is facilitated, and that the Job-Seekers Protection Act, 1985, enclosed with the report, only regulates private agencies. Furthermore, ECOT states that cooperation with private not-for-profit placement agencies is poor. Please include in the next report details on how cooperation is facilitated.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the information provided by the Government in reply to its earlier comments.

It notes, in particular, in relation with its comments concerning Articles 4 and 5 of the Convention, that a tripartite Advisory Council for National Labour Development has been established under the authority of the Prime Minister for the purpose of providing advice to the Government on matters relating to labour.

The Committee would be grateful if in its future reports the Government would continue to supply information on organization and functioning of public employment service, showing the actions taken in recent years to implement the various provisions of Article 3 (the establishment of a network of local and, where appropriate, regional free public employment offices, sufficient in number and conveniently located); Article 6, in particular paragraph (b) (measures taken to facilitate occupational and geographical mobility and transfers of workers from one area to another); Article 7 (measures taken to facilitate specialisation by occupation and by industries and to meet adequately the needs of particular categories of applicants for employment, such as disabled persons); and Article 8 (special arrangements for juveniles within the framework of the employment and vocational guidance services).

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes the information provided by the Government in reply to its earlier comments.

It notes, in particular, in relation with its comments concerning Articles 4 and 5 of the Convention, that a tripartite Advisory Council for National Labour Development has been established under the authority of the Prime Minister for the purpose of providing advice to the Government on matters relating to labour.

The Committee would be grateful if in its future reports the Government would continue to supply information on organisation and functioning of public employment service, showing the actions taken in recent years to implement the various provisions of Article 3 (the establishment of a network of local and, where appropriate, regional free public employment offices, sufficient in number and conveniently located); Article 6, in particular paragraph (b) (measures taken to facilitate occupational and geographical mobility and transfers of workers from one area to another); Article 7 (measures taken to facilitate specialisation by occupation and by industries and to meet adequately the needs of particular categories of applicants for employment, such as disabled persons); and Article 8 (special arrangements for juveniles within the framework of the employment and vocational guidance services).