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

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

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.