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

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

The Committee notes with regret that the Government has not provided any information on the application of the Convention since its last report received in April 2007.

Follow-up of the discussion at the 99th Session of the International Labour Conference (June 2010). Subsequent to its 2007 observation, the Committee notes the conclusion of the tripartite discussion that took place at the Conference Committee in June 2010. The Government indicated that it has adopted an economic stimulus and recovery package in line with the Global Jobs Pact, with the aim of reviving the Thai economy and protecting the poorest in the country by building a better safety net for the most vulnerable groups. The Committee also noted the information by the Government that it had implemented human resources development schemes which provided adequate access to lifelong learning, sought to enhance the overall quality of education and improve national competitiveness. In 2010, the Department of Labour Protection and Welfare had taken measures to mitigate the impact of lay-offs on workers and their families affected by the crisis. The Conference Committee invites the Government to provide further information on the following matters:

–      results achieved in the framework of the Tenth National Economic and Social Development Plan for the period 2007–11 in terms of generation of decent, productive and freely chosen employment;

–      measures taken to include the most vulnerable categories of workers in the labour market, such as workers with disabilities, rural women and workers in the informal economy;

–      promotion of an enterprise culture, entrepreneurial initiatives and small and medium-sized enterprises, in line with the Job Creation in Small and Medium-Sized Enterprises Recommendation, 1998 (No. 189);

–      measures taken to register alien workers with the goal of ensuring their legal employment;

–      how tripartite mechanisms have contributed to the formulation of a specific employment policy and to the implementation of active labour market measures in order to overcome the crisis and ensure a sustainable recovery.

The Committee also notes that the Government was requested by the Conference Committee to provide a report for the present session. The Committee asks the Government to supply a report for examination at its next session and to reply to the matters raised by the Conference Committee as well as those already indicated in its 2007 observation.

Articles 1 and 2 of the Convention. Employment policy and social protection. The Committee recalls that an unemployment insurance scheme was launched in 2004. The Government’s report indicated that, between July 2004 and February 2007, out of a total of 403,403 persons registered under the scheme, 111,568 persons – representing 27 per cent of the beneficiaries – were re‑employed within six months following registration and a remaining 722 persons were referred for further skills training. The Committee also noted a communication forwarded by the National Congress of Thai Labour in April 2007, which insisted that there were many workers in the informal sector including the service industry and self-employed persons who were not covered by the social security system. In a communication received in October 2007, the Government indicated that concrete measures and plans would soon be introduced to better serve and protect workers in the informal economy. The Committee requests the Government to include in its next report information on the extent, terms and type of coverage for workers in the informal economy under the revised scheme as well as any other steps taken to coordinate employment policy measures with unemployment benefits.

Coordination of employment policy with poverty reduction. The Committee noted that the Government established a policy on employment promotion to increase income, as shown by the priority given to three strategies in its development plan – development of human potential and social protection strategy, sustainable restructuring of rural and urban development strategy and upgrading national competitiveness strategy. The Committee requests the Government to indicate in its next report, how the measures taken to promote employment under the three abovementioned strategies operated within the framework of a coordinated economic and social policy. It also requests the Government to include information on labour market programmes implemented to match labour supply and demand.

Labour market and training policies. The Committee noted that the skills training offered by the Department of Skills Development (DSD) focused on pre-employment training, upgrading training and retraining. The Committee asks the Government to provide information on the results achieved by the measures taken by the Ministry of Labour and the Ministry of Education to coordinate education and training policies with prospective employment opportunities.

Article 1(2)(c). Prevention of discrimination. Women. The Government indicated that employers were encouraged to appoint female labour advisers in their establishments. In addition, female workers have also been provided with equal opportunities to the same extent as male workers in accessing services of the DSD. The Committee requests the Government to provide detailed information in its next report on the impact of the measures adopted to ensure that progress is achieved in raising the participation rate of women in the labour market. Please also indicate the gender distribution of trainees in the training courses of the DSD.

Persons with disabilities. According to Government statistics, the relative number of persons with disabilities that found job placements increased in 2006. Other interventions included providing vocational training courses for persons with disabilities, occupational development services to help those that have completed vocational training to develop practical skills and family and community welfare services to provide care and support for children with disabilities. The Committee requests the Government to report on the impact of the training programmes for persons with disabilities, in particular, the number of persons with disabilities that completed the programme and were able to find employment in the open labour market.

Migrant workers. In the context of employment policies, the Committee underlines the need to ensure fair treatment to all migrant workers. The Committee recalls that the protection of migrant workers has been a matter of concern in the tripartite discussions held in June 2006 and June 2010. On this important issue, the Committee refers again to the tripartite discussion that took place during the Conference in June 2010 and asks the Government to report in detail on the impact of 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.

Workers in the rural sector and the informal economy. The Government indicated that homeworkers in the informal sector can register at provincial employment offices to receive basic training to enhance their skills. It also initiated a project in 2006 to reach agricultural sector workers, improve working and living conditions and to raise awareness for labour protection. The Committee requests the Government to provide information in its next report on the implementation of rural employment policies and programmes and on any other measures it has taken to promote employment and improve the quantity and quality of employment opportunities for homeworkers, with special attention to the situation of women. It also asks the Government to include information on the measures taken to reduce the decent work deficit for male and female workers in the informal economy and to facilitate their absorption into the labour market.