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

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

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.]