Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Weekly Rest (Industry) Convention, 1921 (No. 14) - Thailand (Ratification: 1968)

Article 2(2) and (3) of the Convention. Uniformity of weekly rest. In its last comment, the Committee requested the Government to provide a copy of the Notification of the State Enterprise Labour Relations Committee regarding the Minimum Standards of Conditions of Employment in State Enterprises (B.E. 2549 (2006) of 31 May 2006). The Committee examined the said Notification which was provided by the Government in its last report. It notes that section 15 of the Notification provides that, where the nature of work requires it to be performed continuously and a weekly holiday might not be provided, an employer and the employees in whole or in part might agree in advance to accumulate and postpone weekly holidays to be taken at any time within a period of four consecutive weeks. This provision, however, does not specify a day of the week on which a weekly rest is normally to be taken. According to Article 2(2) of the Convention, the period of rest should be granted simultaneously to the whole of the staff of each undertaking. Moreover, according to Article 2(3) of the Convention, the period of rest should coincide, wherever possible, with the day of the week established as a day of rest by the traditions or customs of the country or district. The Committee therefore requests the Government to provide further information on the manner in which it is ensured in law and practice, with respect to workers employed at state enterprises, that the weekly rest, wherever possible, is granted simultaneously to the whole of the staff and is fixed so as to coincide with the day(s) already established by the traditions or customs of the country or district.

The Committee also notes the Government’s explanations in its report that in general, regulations and rules of the key economic and social organizations in Thailand – financial institute, educational institute and government sector – provide a weekly holiday on Sunday. The Government, however, does not refer to the industry sector. The Committee would appreciate receiving a copy of the regulations and rules of industrial sectors covered by the Convention.

Article 4. Special weekly rest schemes. The Committee notes that section 15 of the Notification provides that where the nature of work requires it to be performed continuously and a weekly holiday might not be provided, an employer and the employees in whole or in part might agree in advance to accumulate and postpone weekly holidays to be taken at any time within a period of four consecutive weeks. In this connection, the Committee notes the Government’s reply with respect to workers employed in remote areas, who are allowed to accumulate or postpone weekly holidays also for periods of up to four weeks. As it appears that workers at state enterprises may not be in the same situation, the Committee recalls the guidance in Paragraph 3 of the Weekly Rest (Commerce and Offices) Recommendation, 1957 (No. 103), which it referred to in its last comment to the effect that workers should enjoy a minimum period of rest at regular weekly, or in any event, reasonably short intervals, and that such intervals should not be more than three weeks. The Committee accordingly requests the Government to reconsider the appropriateness of authorizing the accumulation of weekly rest days for periods of up to 28 working days and continue to provide information in this regard.

Article 5. Compensatory periods of rest. The Committee notes that section 19 of the Notification provides that an employer may require an employee to work on a holiday as necessary with the employee’s prior written consent on each occasion. It also notes that section 38 of the Notification provides that where an employer requires an employee to work on a holiday, the employer should pay holiday overtime pay to the employee. It recalls that according to Article 5 of the Convention, provision has to be made, as far as possible, for compensatory periods of rest for any suspensions or diminutions of the weekly rest of workers, except in cases where agreements or customs already provide for such periods. The Committee therefore requests the Government to explain measures taken or contemplated to ensure that compensatory rest, as far as possible, is provided whenever workers employed at state enterprises are required to work on the day of their weekly rest regardless of compensatory pay.