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

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

The Committee notes the tripartite discussion that took place in June 2006 in the Conference Committee on the application of this Convention. The Government provided information to the Conference Committee on the most recent labour market trends, including the measures taken with a view to promoting employment, skills development and social protection. The Committee notes the concerns expressed with regard to the opportunities for women workers, workers with disabilities and workers in the rural sector and the informal economy to obtain and retain jobs and on the promotion of equal access to education, training and employment. It was emphasized that it is necessary to act within the framework of an active employment policy to promote the effective integration of migrant workers and to prevent cases of abuse or exploitation. The Conference Committee invited the Government to provide a detailed report on the matters raised during the discussion in the Conference Committee and by the Committee of Experts in its 2005 observation. The Committee of Experts notes that the Government’s report, which was due to be provided by September 2006, has not been received. It is therefore bound to refer to the tripartite discussion that took place in June 2006 and repeat the main points raised in its previous comments.

1. Employment policy and social protection. In its 2002 direct request, the Committee encouraged the Government to follow an integrated approach to social protection and employment promotion and requested the Government to report on the implementation of unemployment benefits as a complement to its employment policies. The Committee notes with interest that the Government began collecting contributions for unemployment insurance on 1 January 2004 and issuing benefit payments on 1 July 2004. The Committee understands that the National Health Office has introduced a universal health-care scheme and that the Social Security Office is considering the extension of social security to the population that is not covered. The Committee hopes that the Government will continue to report on the progress achieved in extending adequate social protection to the entire population and the steps taken to coordinate its employment policy with the unemployment benefit system.

2. Coordination of employment policy with poverty reduction. The Committee once again requests the Government to provide information on the results achieved through the implementation of the measures adopted under the Ninth National Economic and Social Development Plan (2002-06), including information on the situation of socially vulnerable groups, such as workers in the rural sector and the informal economy. In this regard, the Committee emphasizes the need for measures to ensure that employment, as a key element of poverty reduction, is at the heart of macroeconomic and social policies. It would appreciate detailed statistics on labour market trends and further information on the extent to which economic growth is leading to an improved labour market and a reduction in poverty levels. The Committee would also appreciate receiving information on how the measures taken to promote employment operate within the “framework of a coordinated economic and social policy” (Article 2, paragraph (a), of the Convention). Please indicate how concerns to improve the quantity and quality of employment are taken into account in economic policies, such as bilateral and multilateral trade agreements on employment.

3. Labour market and training policies. The Committee noted previously that the Department of Employment, the Department of Skills Development and the Ministry of Education have implemented vocational training programmes for students, women in poor regions or from religious minority groups, persons with disabilities and other categories of unemployed persons. The Committee would appreciate being informed of the results of the various training programmes and the measures taken to ensure that the skills acquired through training programmes meet the demands of the labour market. It would appreciate information on how the various government departments are coordinating employment, labour market and training policies. The Committee refers, in this respect, to the provisions of the Human Resources Development Convention, 1975 (No. 142), and of the Human Resources Development Recommendation, 2004 (No. 195).

4. Prevention of discrimination (Article 1, paragraph 2(c)).

–      Women. The Committee asks the Government to provide updated information on the efforts made to monitor the opportunities for women workers to obtain and retain jobs and to promote equal access to education, training and employment.

–      Persons with disabilities. The Committee would appreciate receiving indications on the progress achieved in integrating persons with disabilities into the open labour market.

–      Migrant workers. On this particular issue, the Committee refers to the tripartite discussion that took place in June 2006 and asks the Government to report in detail on the action taken within the framework of an active employment policy to prevent abuse in the recruitment of labour and the exploitation of migrant workers in Thailand (see Part X of the Employment Policy (Supplementary Provisions) Recommendation, 1984 (No. 169)).

–      Workers in the rural sector and the informal economy. The Committee would appreciate receiving further information on the measures taken to increase employment opportunities and to improve working conditions for those in the rural sector and the informal economy.

5. Consultation of representatives of the persons affected. Like the Conference Committee, the Committee of Experts urges the Government to give more weight to the viewpoints of the social partners and to provide assurances that consultations will be held in good faith. It is the Committee’s view that governments and the representative organizations of employers and workers share responsibility for ensuring that representatives of marginalized sectors of the active population play a meaningful part in the formulation and implementation of policies of which they are the prime beneficiaries (paragraph 493 of the General Survey of 2004 on promoting employment). It accordingly requests the Government to provide information on tripartite consultations on employment policies, and to indicate the measures taken or envisaged to ensure that representatives of the rural sector and the informal economy also participate in such consultations. With respect to migrant workers, the Committee asks the Government to provide information on the involvement of employers’ and workers’ representatives, including representatives of migrant workers, in the development and implementation of measures relating to migration. It also encourages the Government to inform both employers and workers of government policies and labour standards protecting the rights of migrant workers.

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