Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Minimum Age Convention, 1973 (No. 138) - Thailand (Ratification: 2004)

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:

Repetition

Article 2(1) of the Convention. Scope of application. The Committee previously noted that, pursuant to section 4 of the Labour Protection Act of 1998 (LPA), an employee is defined as “a person who agrees to work for an employer in return for a wage”. The Committee therefore observed that self-employed children do not benefit from the protection laid down in the LPA, or in Regulation No. 6 of 1998 (determining types of hazardous work prohibited to children). The Committee requested the Government to provide information on the manner in which children who are not bound by an employment relationship are covered by the protection provided for in the Convention.

The Committee notes the Government’s statement that persons under 18 years not covered by the LPA have the right to social services and social welfare pursuant to the Child Protection Act and to maintenance from their parents under Book V of the Civil and Commercial Code. Observing that these measures do not pertain to the application of the minimum age, or protection from hazardous work, the Committee once again reminds the Government that the Convention applies to all branches of economic activity or work (except those excluded pursuant to Article 5 of the Convention), whether it is carried out on the basis of an employment relationship or not, and whether it is remunerated or not. The Committee further notes the information in the 2006 Multiple Indicator Cluster Survey of Thailand that 12.3 per cent of working children between the ages of 5 and 14 are performing unpaid work. Therefore, the Committee requests the Government to take the necessary measures to ensure that children who are not bound by an employment relationship or children performing unpaid work (such as children working on a self-employed basis or in the informal sector) benefit from the protection provided by the Convention.

Article 5. Limitation of the scope of application of the Convention. The Committee previously noted that, at the time of ratification, the Government limited the scope of the Convention to the branches of economic activity and types of undertakings enumerated in Article 5(3) of the Convention. It requested the Government to indicate whether it intended to extend the scope of application of the Convention to cover all branches of activity or to those branches currently excluded under the LPA, such as work in the informal sector (which includes domestic work, work performed in the fishing industries, trading and work in restaurants).

The Committee notes the statement by the National Labour Congress of Thailand (NCTL) that it supports applying the minimum age for admission to work to children performing work in establishments that are not business operations. The Committee also notes the Government’s statement that currently, private households without a business operation may employ persons under 15. However, the Government also indicates in its report that the working group responsible for drafting the Ministerial Regulation for Labour Protection of Employees in Private Households without a Business Operation is in the process of determining the scope of this Regulation. The Government states that the working group is taking into account the protection of young workers and the minimum age for admission to employment in this determination. The Committee further notes the Government’s statement that the provisions concerning the minimum age for admission to employment under the LPA applies to employees in the fishing sector, restaurants and food shops, though observes that the Government does not indicate if this application includes both the formal and informal sectors. Reminding the Government that, pursuant to Article 5(4)(b) of the Convention, it may at any time formally extend the scope of application of the Convention by a declaration addressed to the Director-General of the International Labour Office, the Committee invites the Government to consider such a declaration. In addition, the Committee encourages the Government to pursue its efforts to provide for the protection of young domestic workers through the Ministerial Regulation for Labour Protection of Employees in Private Households without a Business Operation and requests the Government to provide information on any developments in this regard.

Article 6. Apprenticeship and vocational training. The Committee previously noted the information in the Government’s report regarding the vocational training activities of the Department of Skills Development (DSD) of the Ministry of Labour. The Committee recalled that Article 6 of the Convention authorizes work to be carried out by persons aged at least 14 in enterprises within the context of an apprenticeship programme, and it requested the Government to provide information on the minimum age for entering an apprenticeship programme. The Committee notes the Government’s statement that the DSD specifies that the minimum age for admission to apprenticeship programmes is 15 years. The Committee requests the Government to indicate if the minimum age of 15 for admission to apprenticeship programmes is contained in any national legislation or regulation and, if so, to provide a copy of the relevant documents with its next report.

Article 9(3). Keeping of registers. The Committee previously noted the Government’s indication that section 45 of the LPA provides that, when a child under the age of 18 is employed as an employee, the employer shall: (1) report the employment of that employee to the labour inspection; (2) prepare a record of conditions of employment (when they are changed from the original conditions), for storage at the place of business operations which is available to the labour inspection; and (3) report the termination of the employment of the child. The Committee noted that these reports shall be in accordance with the formats prescribed by the Director-General. The Committee requested a copy of this report form.

The Committee notes with interest the copy of the report form entitled “Notification form regarding the employment of a person under 18 years of age”, submitted with the Government’s report. The Committee notes that this report form requires the date of birth of the young person, and either a copy of their identity card, housing registration or educational certificate. The Committee further notes that this report form requires information concerning the young person’s wage, working time and entitlement to breaks.

Part V of the report form. Application of the Convention in practice. Following its previous comments, the Committee notes the statement of the NCTL that information regarding the child labour situation of alien and stateless children should be included in the labour inspection report.

The Committee also notes the information in the Government’s report (from the labour inspection report) indicating that in 2007, there were 10,044 persons between the ages of 15 and 18 employed at 762 establishments. The Government’s report also indicates that between October 2002 and July 2009, 33 persons with licences to operate entertainment establishments were arrested and prosecuted for violating the ban on hiring persons under 18 in these establishments. The Government’s report further indicates that four establishments were found to be illegally employing persons under 15 years, and that these cases were forwarded by labour inspectors for an inquiry. The Committee observes that the Government’s report does not provide information on the outcome of these inquiries or on the penalties applied. The Committee further notes that one establishment inspected was found to be in violation of its obligation to notify the labour inspector regarding the employment of persons between the ages of 15 and 18, and another failed to provide the required period of daily rest prescribed by law. In response to these violations, labour inspectors gave advice to the employers regarding how to rectify these violations, and the Committee notes that these establishments were subsequently found to be in compliance upon follow-up inspections. The Committee therefore observes that these employers, found to be in breach of the provisions giving effect to the Convention, were not penalized.

The Committee also observes an absence of information on the number of these violations involving migrant children. In this regard, the Committee notes the statement in the ILO document entitled “Asian work decade: Child labour in Thailand at a glance” that migrant children are far more likely to be working below the age of 15. The Committee therefore requests the Government to continue to provide information on the manner in which the Convention is applied, and to provide specific information with respect to the situation of migrant children. It also requests the Government to take the necessary measures to ensure that a person found to be in breach of the provisions giving effect to the Convention is prosecuted and that adequate penalties are imposed. In this regard, the Committee requests the Government to continue to provide statistical data on the employment of children and young persons, extracts from the reports of inspection services and information on the number and nature of violations detected, the outcome of inquiries following the detection of violations and the penalties applied involving children and young persons.