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

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Articles 2(1) and 3(1) of the Convention. Scope of application and hazardous work. The Committee previously observed that self-employed children and children working in the informal economy did not benefit from the protection of the Labour Protection Act of 1998 (LPA), including provisions relating to minimum age and hazardous work. In this regard, it noted that the Home Workers Protection Act B.E. 2553 of 2010 which provides protection for informal workers in the industrial sector, prohibits assigning children below 15 years of age to carry out “home work” – that is to say, work assigned by the hirer of an industrial enterprise to a homeworker to be produced or assembled outside of the workplace – which by their nature may be hazardous to their health and safety. The Committee also noted the Government’s indication that the Ministry of Labour, through the Department of Labour Protection and Welfare, had drafted the ministerial regulation under the Home Workers Protection Act which prescribes the types of work that are hazardous to the health and safety of pregnant women and children.

The Committee notes the Government’s indication that the Ministerial Regulation, pursuant to section 20 of the Home Workers Protection Act, 2010 has been issued on 2 May 2017. The six categories of dangerous work prescribed in this regulation have been determined by the tripartite mechanisms, including the Home Workers’ Protection Committee. Furthermore, the Committee notes that section 21 of the Home Workers Protection Act further lists four types of work prohibited to homeworkers, including children under the age of 18 years such as: (1) works involving hazardous materials; (2) works carried out with the use of tools or machines, the vibration of which may be hazardous to the persons performing the works; (3) works involving extreme heat or cold; and (4) other works which may affect the health and safety of the worker or quality of the environment. The Committee notes that the nature or types of works referred to under section 21 shall be prescribed by ministerial regulation. The Committee requests the Government to indicate whether a ministerial regulation has been issued pursuant to section 21 of the Home Workers Protection Act, 2010. Noting from the National Children Working Survey of 2018 that a majority of children involved in child labour work in the agricultural sector, family enterprises, or in own-account work, the Committee requests the Government to provide information on the measures taken to ensure that children working in these informal sectors benefit from the protection provided by the Convention.

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Article 1 of the Convention. National policy, labour inspection and application of the Convention in practice. The Committee previously noted that child labour was a problem in the country and in practice children in rural areas worked in sugar cane, cassava and corn plantations, in rice paddies, in fisheries, shrimp farms and seafood processing under conditions which are often hazardous. In urban areas, children worked in sectors such as restaurants, markets, street vending, construction and entertainment. The Committee noted that according to the information from the Ministry of Labour in December 2015, there were an estimated 10.88 million children aged between 5–17 years, of which 6.4 per cent were working (692,819) and 2.9 per cent were considered in child labour (approximately 315,520). However, the Committee observed that the number of cases of child labour identified by the Department of Labour Protection and Welfare (DLPW) was extremely low compared to the number of children considered to be in child labour. The Committee therefore requested the Government to pursue and strengthen its efforts to identify and combat child labour and to indicate the measures taken to strengthen the capacity and expand the reach of the labour inspectorate and of the relevant law enforcement agencies, as well as of the child labour monitoring system.

The Committee notes the Government’s information in its report on the various measures taken for the elimination of child labour. Accordingly, the Committee notes that the “World Day Against Child Labour” was held on 11 June 2019 focusing on awareness-raising on the issue of child labour and its worst forms. In addition, actions and policies under the National Child and Youth Development Plan, 2017–2021, the Family Development Policy and Strategy 2017–2021 and various national education policies from the Ministry of Education are also being implemented. Furthermore, output 2.2 of the Thailand Decent Work Country Programme (DWCP) 2019–2021 aims to reduce unacceptable forms of work, especially child labour through the effective implementation of relevant policies and programmes.

Regarding the measures taken to strengthen the capacity and expand the reach of the labour inspectorate, the Government indicates that: (i) the number of labour inspectors was increased from 1,245 inspectors in 2016, to 1,506 in 2017, and to 1,900 inspectors in 2018; (ii) the labour inspection system was integrated in sectors where child labour is more prevalent, such as in marine fishing vessels and aquaculture processing establishments; (iii) a Ministerial Regulation on Labour Protection in Marine Fisheries, 2018 was issued which authorizes the labour inspectors to issue criminal charges against persons who involve children under 18 years in child labour and hazardous work; and (iv) several training activities for labour inspectors were organized to strengthen their ability to enforce labour protection laws. The Committee further notes from the Government’s report that according to the data from the Economic-Labour Activity Report (October–December), 2018, a total of 42,685 establishments were inspected by the labour inspection of the Ministry of Labour in 2018, of which 527 establishments were found to be engaging child labour, a reduction by 378 establishments in 2017. Children under the age of 15 years were found to be working in hotel and restaurants, wholesale, retail and repairs, manufacturing, construction and real estate services. Furthermore, criminal prosecutions were carried out in 95 cases for violation of the provisions related to child labour under the Labour Protection Act, 1998, involving 206 offenders and in 53 cases offenders were penalized with fines amounting to 1,090,000 baht. These cases were related to the hiring of children under 15 years (18 cases); not notifying the hiring of children under 18 years to the labour inspectorate (64 cases); and engaging children under 18 years in forbidden work or places (13 cases).

The Committee further notes that according to the results of the National Working Children Survey of 2018, of the total number of 10.47 million children aged between 5–17 years, 409,000 children (3.9 per cent of all children) are engaged in economic activities, of which 177,000 children are involved in child labour and 133,000 children are engaged in hazardous work. Children are mostly involved in work in the agricultural sector (46.3 per cent); commerce and service sector (39.5 per cent); and in the manufacturing sector (14.2 per cent). Of these, 65.1 per cent are engaged in unpaid household businesses and 31.3 per cent in the private sector. Gender disaggregated data indicate 127,000 boys (71.9 per cent) and 49,700 girls (28.1 per cent) are involved in child labour. While taking due note of the measures taken by the Government to combat child labour, the Committee notes that the number of children involved in child labour is still significant. The Committee therefore urges the Government to continue taking effective measures to identify and combat child labour, including within the framework of the DWCP. It also encourages the Government to continue its efforts to strengthen the capacity and expand the reach of the labour inspectorate to the agricultural, commerce and service sector, marine fishing vessels and aquaculture processing establishments where child labour is more prevalent and to continue providing information in this regard. The Committee also requests the Government to continue to provide information on the number and nature of violations detected by the labour inspectors and the relevant law enforcement bodies and penalties applied in child labour cases.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Articles 2(1) and 3(1) of the Convention. Scope of application and hazardous work. The Committee previously noted that children working in the informal economy did not benefit from the protection of the Labour Protection Act of 1998 (LPA), including provisions relating to minimum age and hazardous work. It noted the Government’s statement that there was a concrete effort to expand the legal protection of the minimum age to all groups of workers, including those in the informal economy. It noted, however, that the Home Workers Protection Act B.E. 2553 of 2010 prohibits assigning children below 15 years of age to carry out “home work” – that is to say, work assigned by the hirer of an industrial enterprise to a homeworker to be produced or assembled outside of the workplace – which by their nature may be hazardous to their health and safety.

The Committee notes the Government’s information in its report that the Labour Protection Act (No. 5) B.E. 2560 adopted in 2017 increases the penalties for employers who hire workers who are below 15 years of age or below 18 years of age in work that is likely hazardous. It also notes the Government’s information that the Home Workers Protection Act provides that it is forbidden for anyone to engage home workers to carry out certain types of work, including for example work involving hazardous materials or work that is to be carried out with the use of tools or machines which may be hazardous, which shall be prescribed by ministerial regulation. The Government also indicates that, in accordance with section 20 of the Home Workers Protection Act, the types of work which by their nature may be hazardous to the health and safety of pregnant women or children less than 15 years of age shall also be prescribed in the ministerial regulation. The Government indicates that the Ministry of Labour, through the Department of Labour Protection and Welfare, has drafted the latest version of the ministerial regulation and subsequently submitted it to the Office of the Council of State for its consideration.

The Committee recalls that Article 3(1) of the Convention provides that the minimum age “for admission to any type of employment or work which by its nature or the circumstances in which it is carried out is likely to jeopardize the health, safety or morals of young persons shall not be less than 18 years”. The Committee requests that the Government take the necessary steps to ensure that the types of work prescribed by ministerial regulation and permitted to be undertaken by children over 15 years of age, will not be hazardous to their health, safety or morals. It requests that the Government provide a copy of the ministerial regulations adopted pursuant to the Home Workers Protection Act prohibiting certain types of hazardous work to all persons, as well as certain types of work to children under the age of 15 years.

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Article 1 of the Convention. National policy, labour inspection and application of the Convention in practice. The Committee previously noted that child labour was a problem in the country in practice and that, in rural areas, children worked in sugar cane, cassava and corn plantations, as well as in rice paddies. Children were also employed in fisheries, shrimp farms and seafood processing under conditions which are often hazardous. In urban areas, children worked in sectors such as restaurants, markets, street vending, construction and entertainment. The Committee noted the Government’s statement that it had continued to implement preventive measures to address child labour, including the establishment of a child labour network, as well as of the National Committee on the Elimination of the Worst Forms of Child Labour chaired by the Prime Minister, aimed at eliminating child labour through efficient policies and measures. However, the Committee noted that the labour inspectorate often failed to detect cases of children involved in hazardous work, despite indications that such cases exist.

The Committee notes that, in its report submitted under the Worst Forms of Child Labour Convention, 1999 (No. 182), the Government indicates that the Ministry of Labour, through the Department of Labour Protection and Welfare (DLPW) conducted a number of training sessions to enhance the capacity of labour inspectors. The Government also states that each year a regular plan for labour inspection is established with a focus on child labour in industries such as shrimp processing, sugar cane, and garments as well as small enterprises or clandestine establishments in villages or communities located “faraway”. In addition, the Committee notes that, according to Thailand’s Country Report on Anti-Human Trafficking Response (1 January–31 December 2016), submitted to the United Nations Action for Cooperation against Trafficking in Persons (Thailand’s Anti-Trafficking Country Report), a National Policy and Plan to Eliminate the Worst Forms of Child Labour for 2015–2020 (NPP-WFCL II) outlines ways to effectively and successfully eradicate the worst forms of child labour. In this framework, the Ministry of Labour has begun its collaboration with the ILO and Thailand’s National Statistics Office (NSO) on a 21-month project to conduct Thailand’s National Working Children Survey for 2017. The same report reveals that, according to Ministry of Labour estimates collected in cooperation with the NSO, in December 2015, there was an estimated total of 10.88 million children aged 5–17 years, of which 6.4 per cent were working (692,819) and 2.9 per cent were considered in child labour (approximately 315,520).

However, the Committee notes that Thailand’s Anti-Trafficking Country Report also indicates that during the year 2016, the DPLW identified only 51 cases of child labour, of which 23 cases involved children under 15 years of age and 28 cases involved children between 15 and 18 years of age. Thirteen cases have been prosecuted with fines totalling 582,000 Thai baht (US$16,629). The Committee observes with concern that the number of cases of child labour found by the DPLW is extremely low compared to the number of children considered to be in child labour. Therefore, while taking due note of the steps taken, the Committee requests that the Government pursue and strengthen its efforts to identify and combat child labour, including through the NPP-WFCL II. It once again requests the Government to continue providing information on the steps taken to strengthen the capacity and expand the reach of the labour inspectorate and of the relevant law enforcement agencies, as well as of the child labour monitoring system in this regard. The Committee also requests the Government to provide information on the number and nature of violations detected and penalties applied in child labour cases, focused on detection in agricultural plantations, fisheries, restaurants, markets, construction sites, and other occupational sectors where large numbers of children are employed. Lastly, the Committee asks that the Government provide the results of the 2017 National Working Children Survey.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 2(1) and 3 of the Convention. Scope of application and hazardous work. The Committee previously noted that children working in the informal economy did not benefit from the protection of the Labour Protection Act of 1998 (LPA), including provisions relating to minimum age and hazardous work. It recalled 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 notes the Government’s statement that there has been a concrete effort to expand the legal protection of the minimum age to all groups of workers, including those in the informal economy. In 2010, the Government enacted the Home Workers Protection Act B.E. 2553. The Government indicates in its report submitted in reply to the list of issues of the Committee on the Rights of the Child, of 20 January 2012, that this Act provides protection for informal workers in the industrial sector (CRC/C/THA/Q/3–4/Add.1, paragraph 61). Section 3 of the Home Workers Protection Act defines “home work” as work assigned by a hirer of an industrial enterprise to a homeworker to be produced or assembled outside of the workplace. Section 20 of the Act prohibits assigning children under 15 years to carry out works which by their nature may be hazardous to their health and safety. In this regard, the Committee recalls that Article 3 of the Convention prohibits hazardous types of work to all children under 18 years of age, including those working in the informal economy and performing industrial work in private homes. Therefore, while taking note of the steps taken by the Government to regulate work of an industrial nature performed in private homes, the Committee requests the Government to take the necessary measures to ensure that children under 18 are prohibited from performing hazardous work of this nature. The Committee also requests the Government to continue to provide information on measures taken to ensure that children working in the informal economy benefit from the protection provided by the Convention.

Application of the Convention in practice. The Committee previously noted the Government’s information concerning violations detected related to the employment of children and young persons, and requested that measures be taken to ensure that adequate penalties were imposed on those responsible.

The Committee notes the Government’s response that persons who had been found to be violating the legal provisions relating to the employment of young persons were given an appropriate penalty for these infractions. The Government also states that it has continued to implement preventive measures to address child labour. It has established a child labour network as well as a National Committee on the Elimination of the Worst Forms of Child Labour chaired by the Prime Minister, aimed at eliminating child labour through efficient policies and measures. The Government indicates that according to the labour inspection report of 2010, labour inspections took place in 49,463 establishments. In addition, the Government indicates that these inspections include 460 establishments employing 3,624 workers between the ages of 15 and 18, but does not provide any information on whether any workers under the minimum age of 15 were detected in the course of these inspections.

The Committee also notes the information of December 2011 from ILO–IPEC, relating to the project entitled “Support for national action to combat child labour and its worst forms in Thailand” that provincial child labour monitoring and referral committees have been initiated in the provinces of Tak, Chiang Rai, Songkhla, Pattani, Samut Sakhon and Udon Thani. ILO–IPEC indicates that through this project, measures were taken to combat child labour in the shrimp and seafood processing industry and in the rubber supply chain, as well as to facilitate access to education for migrant children, including non-formal education.

The Committee notes the statement in the report of the International Trade Union Confederation (ITUC), for the World Trade Organization General Council on the Trade Policies of Thailand of November 2011, entitled “Internationally recognized core labour standards in Thailand” that, in practice, child labour is a problem in the country. This report states that in rural areas, children work in sugar cane, cassava and corn plantations, as well as in rice paddies. Children are also employed in fisheries, shrimp farms and seafood processing under conditions which are often hazardous. In urban areas, children work in sectors such as restaurants, markets, street vending, construction and entertainment. The ITUC further indicates that the labour inspectorate often fails to detect cases of children involved in hazardous work, despite indications that such cases exist. Therefore, while taking due note of the measures taken, the Committee requests the Government to pursue and strengthen its efforts to combat child labour. It requests the Government to provide information, in its next report, on the measures taken to strengthen the capacity and expand the reach of the labour inspectorate and the child labour monitoring system in this regard, as well as measures to ensure that persons found to be in breach of the provisions giving effect to the Convention are prosecuted and that adequate penalties are imposed. Lastly, the Committee requests the Government to continue to provide statistical data on the employment of children and young persons, information on the number and nature of violations detected involving children and young persons, and the penalties applied.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Articles 2(1) and 3 of the Convention. Scope of application and hazardous work. The Committee previously noted that children working in the informal economy did not benefit from the protection of the Labour Protection Act of 1998 (LPA), including provisions relating to minimum age and hazardous work. It recalled 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 notes the Government’s statement that there has been a concrete effort to expand the legal protection of the minimum age to all groups of workers, including those in the informal economy. In 2010, the Government enacted the Home Workers Protection Act B.E. 2553. The Government indicates in its report submitted in reply to the list of issues of the Committee on the Rights of the Child, of 20 January 2012, that this Act provides protection for informal workers in the industrial sector (CRC/C/THA/Q/3–4/Add.1, paragraph 61). Section 3 of the Home Workers Protection Act defines “home work” as work assigned by a hirer of an industrial enterprise to a homeworker to be produced or assembled outside of the workplace. Section 20 of the Act prohibits assigning children under 15 years to carry out works which by their nature may be hazardous to their health and safety. In this regard, the Committee recalls that Article 3 of the Convention prohibits hazardous types of work to all children under 18 years of age, including those working in the informal economy and performing industrial work in private homes. Therefore, while taking note of the steps taken by the Government to regulate work of an industrial nature performed in private homes, the Committee requests the Government to take the necessary measures to ensure that children under 18 are prohibited from performing hazardous work of this nature. The Committee also requests the Government to continue to provide information on measures taken to ensure that children working in the informal economy benefit from the protection provided by the Convention.

Article 6. Apprenticeship and vocational training. The Committee previously noted the Government’s statement that the Department of Skills Development specified that the minimum age for admission to apprenticeship programmes is 15 years. It requested the Government to indicate if this minimum age was contained in any national legislation or regulation.

The Committee notes the Government’s reference to the Skill Development Promotion Act B.E. 2545, which states that, for the purpose of the Act, the term “employee” means an employee under the LPA. In this regard, the Committee notes that section 44 of the LPA states that it is prohibited to employ a child under the age of 15 years as an employee.

Part V of the report form. Application of the Convention in practice. The Committee previously noted the Government’s information concerning violations detected related to the employment of children and young persons, and requested that measures be taken to ensure that adequate penalties were imposed on those responsible.

The Committee notes the Government’s response that persons who had been found to be violating the legal provisions relating to the employment of young persons were given an appropriate penalty for these infractions. The Government also states that it has continued to implement preventive measures to address child labour. It has established a child labour network as well as a National Committee on the Elimination of the Worst Forms of Child Labour chaired by the Prime Minister, aimed at eliminating child labour through efficient policies and measures. The Government indicates that according to the labour inspection report of 2010, labour inspections took place in 49,463 establishments. In addition, the Government indicates that these inspections include 460 establishments employing 3,624 workers between the ages of 15 and 18, but does not provide any information on whether any workers under the minimum age of 15 were detected in the course of these inspections.

The Committee also notes the information of December 2011 from ILO–IPEC, relating to the project entitled “Support for national action to combat child labour and its worst forms in Thailand” that provincial child labour monitoring and referral committees have been initiated in the provinces of Tak, Chiang Rai, Songkhla, Pattani, Samut Sakhon and Udon Thani. ILO–IPEC indicates that through this project, measures were taken to combat child labour in the shrimp and seafood processing industry and in the rubber supply chain, as well as to facilitate access to education for migrant children, including non-formal education.

The Committee notes the statement in the report of the International Trade Union Confederation (ITUC), for the World Trade Organization General Council on the Trade Policies of Thailand of November 2011, entitled “Internationally recognized core labour standards in Thailand” that, in practice, child labour is a problem in the country. This report states that in rural areas, children work in sugar cane, cassava and corn plantations, as well as in rice paddies. Children are also employed in fisheries, shrimp farms and seafood processing under conditions which are often hazardous. In urban areas, children work in sectors such as restaurants, markets, street vending, construction and entertainment. The ITUC further indicates that the labour inspectorate often fails to detect cases of children involved in hazardous work, despite indications that such cases exist. Therefore, while taking due note of the measures taken, the Committee requests the Government to pursue and strengthen its efforts to combat child labour. It requests the Government to provide information, in its next report, on the measures taken to strengthen the capacity and expand the reach of the labour inspectorate and the child labour monitoring system in this regard, as well as measures to ensure that persons found to be in breach of the provisions giving effect to the Convention are prosecuted and that adequate penalties are imposed. Lastly, the Committee requests the Government to continue to provide statistical data on the employment of children and young persons, information on the number and nature of violations detected involving children and young persons, and the penalties applied.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes with regret 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.

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.

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

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.

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

The Committee notes the communication of the National Labour Congress of Thai Labour (NCTL) dated 19 February 2010, as well as the Government’s report.

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 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.

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

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:

Article 1 of the Convention. National policy. The Committee notes the Government’s information that, in order to enhance the protection of young workers, the Government through the Department of Labour Protection and Welfare (DLPW) of the Ministry of Labour (MOL) has formulated: (i) a supervisory policy on the protection of young workers in accordance with the labour laws, aimed at proactively preventing unfair labour practices; (ii) a policy aimed at providing children and young workers with adequate knowledge about duties and rights at work (including occupational safety and health and welfare) in order to ensure that students are able to become qualified members of the workforce and young workers are able to attain a better quality of life; and (iii) a policy to promote a network for young workers’ protection. The Committee also notes that the MOL with assistance from the ILO/IPEC prepared a National Plan of Action for the elimination of the worst forms of child labour (NPA 2004–09). The objectives of the NPA are to decrease the probability of premature entry into the labour market for both Thai and non-Thai children, and to empower children to protect themselves from becoming engaged in child labour and its worst forms. Moreover, Thailand is currently engaged with ILO/IPEC’s assistance on various projects to combat the worst forms of child labour, especially child trafficking (Project on combating child trafficking for labour and sexual exploitation (TICSA project) and the Mekong subregional project on child trafficking (TICW)).

Article 2, paragraph 1. 1. Scope of application. Self-employed child workers. The Committee notes that an employee is defined under section 4 of the Labour Protection Act of 1998 (LPA) as “a person who agrees to work for an employer in return for a wage”. It observes 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 reminds the Government that the Convention applies to all branches of economic activity or work, whether it is carried out on the basis of an employment relationship or not, and whether it is remunerated or not. The Committee requests the Government to provide information on the manner in which children who are not bound by an employment relationship, such as those who are self-employed, are covered by the protection provided for in the Convention.

2. Minimum age for admission to employment or work. The Committee notes that, upon ratification of the Convention, Thailand specified 15 years as the applicable minimum age for admission to work or employment. It notes the Government’s information that section 44 of the LPA sets the minimum age for admission to work or employment at 15 years: “A boss shall be prohibited from employing a child under the age of fifteen years as an employee.” It also notes the Government’s information that, according to clause 8 of the Ministerial Regulation regarding protection of employees in agricultural work BE 2547 of 2004, an employer is prohibited from employing a child under 15 years in agricultural work.

Article 2, paragraph 3. Compulsory education. The Committee notes the Government’s information that section 17 of the National Education Act provides for nine years of compulsory education, requiring children aged 7 to enrol in education until the age of 16, with the exception of those that have already completed grade 9. The Committee therefore observes that, as a rule, education is compulsory until the age of 16 years. It notes that, by virtue of section 13 of the Compulsory Education Act, a guardian who fails to send juveniles (7–16 years old) to an educational establishment shall be liable to a fine not exceeding 1,000 baht (approximately US$25). Moreover, whoever, without reasonable cause, commits any act causing a juvenile not to be enrolled for education in an educational establishment, shall be liable to a fine not exceeding 10,000 baht. The Committee notes the Government’s information that the Notification of the MOL on the hourly minimum wages of 9 May BE 2548 (2005) prescribes that a student or an undergraduate aged over 15 years is entitled to work at a merchandising firm and customer services, food shops, department stores, convenience stores and warehouses provided that such work is safe and not dangerous and that he/she works for not more than four hours a day, outside school hours, and not more than seven hours a day during school holidays.

Article 3, paragraphs 1 and 2. Minimum age for admission to, and determination of, hazardous work. The Committee notes with interest that section 48 of the LPA of 1998 prohibits the employment of young persons under 18 in the following types of work: (i) metal melting, blowing, casting, rolling or pressing; (ii) work involving exposure to heat, cold, vibration, noise and light of an abnormal level which may be hazardous (details on the types of work concerned are provided for in Ministerial Regulation No. 6, BE 2541 of 1998); (iii) work involving exposure to hazardous chemical substances as prescribed in Ministerial Regulation No. 6 of 1998; (iv) work involving exposure to poisonous micro-organisms which may be a virus, bacterium, fungus, or any other germs as prescribed in Ministerial Regulation No. 6; (v) work involving exposure to poisonous substances, explosives or inflammable material, other than work in a petrol station (details on the types of work concerned are provided for in Ministerial Regulation No. 6); (vi) driving or controlling a forklift or a crane as prescribed in Ministerial Regulation No. 6; (vii) work requiring the use of an electric or motor saw; (viii) underground or underwater work; (ix) work involving exposure to radioactivity as prescribed in Ministerial Regulation No. 6; (x) cleaning of machinery or engines while in operation; (xi) work performed with scaffolding ten meters high or more; and (xii) other types of work as prescribed by Ministerial Regulation No. 6. Section 50 of the LPA further provides for a list of places in which young persons under the age of 18 years shall not work, namely: slaughterhouses, gambling places, massage salons, places selling and serving food, liquor, tea or other beverage, and discotheques. By virtue of section 47 of the LPA, young persons under 18 years of age shall not perform night work (i.e. between 10 p.m. and 6 a.m.). Clause 4 of Ministerial Regulation No. 11 prohibits an employer from employing young workers under 18 years to work in loading or unloading goods on sea vessels, except for the cleaning of vessels, tying, arranging, lining up or other work prescribed by the Director-General (for labour), which may be performed from the age of 16 years. Finally, section 16 of the Public House Act, 1966, as amended in 2003, provides that children under the age of 18 may not be employed in licensed “entertainment workplaces”. “Entertainment workplaces” include dancing places, restaurants, massage parlours, places with music or other shows for entertainment, with live bands, and places which close later than midnight.

Article 4. Exclusion from the application of the Convention of limited categories of employment or work. The Committee notes the Government’s information that, following tripartite consultations on 12 December 2006, after considerable discussion, it was decided not to exclude any categories of employment or work.

Article 5. Limitation of the scope of application of the Convention. The Committee notes the Government’s statement in its first report that no exclusion of any branch of activity concerning the employment or work of young persons and children shall be made from the scope of application of the Convention. It observes, however, that at the time of ratification, pursuant to Article 5 of the Convention, the Government limited the scope of the Convention to mining and quarrying; manufacturing; construction; electricity, gas and water; sanitary services; transport, storage and communication; and plantations and other agricultural undertakings mainly producing for commercial purposes, with the exception of family and small-scale holdings producing for local consumption and not regularly employing hired workers. The Committee draws the Government’s attention to Article 5(4)(b), of the Convention, which states that any Member which has limited the scope of application of this Convention in pursuance of Article 5, may at any time formally extend the scope of application by a declaration addressed to the Director-General of the International Labour Office. It requests the Government to indicate whether it intends to extend the scope of application of the Convention to cover all branches of activity. In this regard, it also asks the Government to specify whether it intends to extend the scope of application of the Convention to the categories of work currently excluded from the scope of application of the Labour Protection Act, such as work in the informal sector (including domestic work, work performed in the fishing industries, trading, and work in restaurants).

Article 6. Apprenticeship and vocational training. The Committee notes the Government’s detailed information about the vocational training activities of the Department of Skills Development (DSD) of the MOL. During the fiscal year 2006, it trained 52,962 persons aged 15–25 years, among which 744 were aged 15. Tripartite input to DSD’s activities is achieved through nationwide Community Advisory Boards, representing employers, workers, decentralized government agencies, and other interested persons. The Ministry of Social Development and Human Security also provided vocational training courses for women, especially young female persons aged 16–35. Additionally, the Ministry of Education, through its Office of the Non-Formal Education Commission (ONFEC), has initiated a pilot project in 11 provinces, which aims by the end of 2008 to provide every Thai citizen aged 15–39 with at least 9.5 years of schooling and at least 50 per cent of the workforce with secondary education. The Committee notes that the Government provides no information regarding apprenticeship programmes. It recalls 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. The Committee requests the Government to provide information on the minimum age for entering an apprenticeship programme.

Article 9, paragraph 1. Penalties. The Committee notes the Government’s information that section 148 of the LPA provides that an employer who violates section 44 (minimum age) must be sentenced to not more than one year’s imprisonment or fined not more than 200,000 baht (approximately US$6,370), or both. According to section 144 of the LPA, any employer who violates or fails to comply with the provisions related to child employment (under sections 46, 47, 48, 49 and 50) carries penalties of imprisonment of not more than six months, or a fine not exceeding 100,000 baht, or both. When such violation causes physical or mental harm to an employee, or leads to the death of an employee, an employer shall be liable to imprisonment or a fine not exceeding 200,000 baht, or both. Finally, non-compliance with the Ministerial Regulation regarding protection of employees in agriculture work BE 2547 (2004) entails a penalty of imprisonment of not more than six months, or a fine not exceeding 100,000 baht.

Article 9, paragraph 3. Keeping of registers. The Committee notes the Government’s information 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 child employee to the Labour Inspection Officer within 15 days from the date on which the child starts work; (2) prepare a record of conditions of employment, when they are changed from the original conditions, for storage at the boss’ place of business operations or office, ready for inspection by the Labour Inspection Officer during hours of work; and (3) report the termination of the employment of the child to the Labour Inspection Officer within seven days from the date on which the child left the job. The reports shall be in accordance with the formats prescribed by the Director-General. The Committee also notes that section 112 of the LPA prescribes that an employer who has ten or more employees shall prepare an employee register in the Thai language and keep it at the employer’s place of business operations, ready for inspection by the Labour Inspection Officer during hours of work. The employer shall prepare the employee register under section 112 within 15 days from the date on which the employee starts work. Section 113 provides the particulars to be recorded in the register: (a) name; (b) sex; (c) nationality; (d) date of birth or age; (e) address; (f) date of commencement of employment; (g) position or job duties; (h) wage rate and other fringe benefits; and (i) date of expiry of employment. The Committee requests the Government to provide a copy of the report form under section 45 of the Labour Protection Act.

Part III of the report form. Labour inspectorate. The Committee notes the Government’s information that section 139 of the LPA spells out the powers of the labour inspectors. A labour inspector may issue a written order to an employer or employee to comply with the provisions of the LPA. According to the Government, ten metropolitan offices under the supervision of the Labour Protection Bureau are responsible for labour inspection in the Bangkok area, and provincial offices under supervision of the Office of the Director-General for labour inspection in the provincial areas nationwide. The Committee notes the Government’s information that the Rule concerning labour inspection in establishments of 17 November BE 2542 (1999) sets out the general responsibilities of labour inspectors, and guidelines for the planning of their work, the obligation of labour inspectors to investigate complaints, and guidelines for compliance orders in respect of employers. In cases of forced labour, torture, confinement or other criminal offences, and in cases of violations of occupational safety and health resulting in injury and death, or of regulations regarding hazardous work forbidden for persons under 18 years, no compliance order is issued, and the case must be directly referred to the appropriate officials.

Part IV of the report form. Court decisions. The Committee notes the Government’s information that the Central Juvenile and Family Court confirmed that there was no litigation under its jurisdiction involving the violation of hiring a person under 18 years under the LPA. It takes note of the text of a decision of 26 July 2005 of the Central Juvenile and Family Court, supplied by the Government. The Court found that, under the Child Protection Act, the employment of a 15‑year‑old person in a factory in hazardous circumstances and for excessive hours was illegal, and sentenced the employer (who pleaded guilty) to 1,000 baht (approximately US$32).

Part V of the report form. Application of the Convention in practice. The Committee notes the NCTL’s statement that there are still a significant number of children below the age of 15 that are employed. In this regard, it notes the Government’s information that, in 2005, the labour inspectorate found that there were 8,882 young persons employed in inspected establishments, out of which 4,390 were male and 4,492 were female. Nine children below the age of 15 were found to be employed, and four between the ages of 15 and 18 where no notification had been made. In 2006, the labour inspectorate found that there were 8,806 young persons employed in the 656 establishments inspected. Some 558 children below the age of 15 were found to be employed. According to the Government, in these cases the employers were fined or imprisoned, in accordance with the LPA. The Committee also notes the Government’s information that, according to the statistics provided by the Ministry of the Interior, between December 2005 and September 2006 there were four cases of children under 18 years employed in entertainment workplaces in violation of the Public House Act. All cases resulted in the arrest of the licence holder and in a 30-day suspension of the licence. The Committee requests the Government to continue provide information on the manner in which the Convention is applied, including 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 and the penalties applied involving children and young persons.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s first report as well as the communication of the National Congress of Thai Labour (NCTL) dated 30 April 2007. It requests the Government to provide further information on the following points.

Article 1 of the Convention. National policy. The Committee notes the Government’s information that, in order to enhance the protection of young workers, the Government through the Department of Labour Protection and Welfare (DLPW) of the Ministry of Labour (MOL) has formulated: (i) a supervisory policy on the protection of young workers in accordance with the labour laws, aimed at proactively preventing unfair labour practices; (ii) a policy aimed at providing children and young workers with adequate knowledge about duties and rights at work (including occupational safety and health and welfare) in order to ensure that students are able to become qualified members of the workforce and young workers are able to attain a better quality of life; and (iii) a policy to promote a network for young workers’ protection. The Committee also notes that the MOL with assistance from the ILO/IPEC prepared a National Plan of Action for the elimination of the worst forms of child labour (NPA 2004–09). The objectives of the NPA are to decrease the probability of premature entry into the labour market for both Thai and non-Thai children, and to empower children to protect themselves from becoming engaged in child labour and its worst forms. Moreover, Thailand is currently engaged with ILO/IPEC’s assistance on various projects to combat the worst forms of child labour, especially child trafficking (Project on combating child trafficking for labour and sexual exploitation (TICSA project) and the Mekong subregional project on child trafficking (TICW)).

Article 2, paragraph 1. Scope of application. Self-employed child workers. The Committee notes that an employee is defined under section 4 of the Labour Protection Act of 1998 (LPA) as “a person who agrees to work for an employer in return for a wage”. It observes 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 reminds the Government that the Convention applies to all branches of economic activity or work, whether it is carried out on the basis of an employment relationship or not, and whether it is remunerated or not. The Committee requests the Government to provide information on the manner in which children who are not bound by an employment relationship, such as those who are self-employed, are covered by the protection provided for in the Convention.

Article 2, paragraph 2. 1. Minimum age for admission to employment or work. The Committee notes that, upon ratification of the Convention, Thailand specified 15 years as the applicable minimum age for admission to work or employment. It notes the Government’s information that section 44 of the LPA sets the minimum age for admission to work or employment at 15 years: “A boss shall be prohibited from employing a child under the age of fifteen years as an employee.” It also notes the Government’s information that, according to clause 8 of the Ministerial Regulation regarding protection of employees in agricultural work BE 2547 of 2004, an employer is prohibited from employing a child under 15 years in agricultural work.

Article 2. paragraph 3. Compulsory education. The Committee notes the Government’s information that section 17 of the National Education Act provides for nine years of compulsory education, requiring children aged 7 to enrol in education until the age of 16, with the exception of those that have already completed grade 9. The Committee therefore observes that, as a rule, education is compulsory until the age of 16 years. It notes that, by virtue of section 13 of the Compulsory Education Act, a guardian who fails to send juveniles (7–16 years old) to an educational establishment shall be liable to a fine not exceeding 1,000 baht (approximately US$25). Moreover, whoever, without reasonable cause, commits any act causing a juvenile not to be enrolled for education in an educational establishment, shall be liable to a fine not exceeding 10,000 baht. The Committee notes the Government’s information that the Notification of the MOL on the hourly minimum wages of 9 May BE 2548 (2005) prescribes that a student or an undergraduate aged over 15 years is entitled to work at a merchandising firm and customer services, food shops, department stores, convenience stores and warehouses provided that such work is safe and not dangerous and that he/she works for not more than four hours a day, outside school hours, and not more than seven hours a day during school holidays.

Article 3, paragraphs 1 and 2. Minimum age for admission to, and determination of, hazardous work. The Committee notes with interest that section 48 of the LPA of 1998 prohibits the employment of young persons under 18 in the following types of work: (i) metal melting, blowing, casting, rolling or pressing; (ii) work involving exposure to heat, cold, vibration, noise and light of an abnormal level which may be hazardous (details on the types of work concerned are provided for in Ministerial Regulation No. 6, BE 2541 of 1998); (iii) work involving exposure to hazardous chemical substances as prescribed in Ministerial Regulation No. 6 of 1998; (iv) work involving exposure to poisonous micro-organisms which may be a virus, bacterium, fungus, or any other germs as prescribed in Ministerial Regulation No. 6; (v) work involving exposure to poisonous substances, explosives or inflammable material, other than work in a petrol station (details on the types of work concerned are provided for in Ministerial Regulation No. 6); (vi) driving or controlling a forklift or a crane as prescribed in Ministerial Regulation No. 6; (vii) work requiring the use of an electric or motor saw; (viii) underground or underwater work; (ix) work involving exposure to radioactivity as prescribed in Ministerial Regulation No. 6; (x) cleaning of machinery or engines while in operation; (xi) work performed with scaffolding ten meters high or more; and (xii) other types of work as prescribed by Ministerial Regulation No. 6. Section 50 of the LPA further provides for a list of places in which young persons under the age of 18 years shall not work, namely: slaughterhouses, gambling places, massage salons, places selling and serving food, liquor, tea or other beverage, and discotheques. By virtue of section 47 of the LPA, young persons under 18 years of age shall not perform night work (i.e. between 10 p.m. and 6 a.m.). Clause 4 of Ministerial Regulation No. 11 prohibits an employer from employing young workers under 18 years to work in loading or unloading goods on sea vessels, except for the cleaning of vessels, tying, arranging, lining up or other work prescribed by the Director-General (for labour), which may be performed from the age of 16 years. Finally, section 16 of the Public House Act, 1966, as amended in 2003, provides that children under the age of 18 may not be employed in licensed “entertainment workplaces”. “Entertainment workplaces” include dancing places, restaurants, massage parlours, places with music or other shows for entertainment, with live bands, and places which close later than midnight.

Article 4. Exclusion from the application of the Convention of limited categories of employment or work. The Committee notes the Government’s information that, following tripartite consultations on 12 December 2006, after considerable discussion, it was decided not to exclude any categories of employment or work.

Article 5. Limitation of the scope of application of the Convention. The Committee notes the Government’s statement in its first report that no exclusion of any branch of activity concerning the employment or work of young persons and children shall be made from the scope of application of the Convention. It observes, however, that at the time of ratification, pursuant to Article 5 of the Convention, the Government limited the scope of the Convention to mining and quarrying; manufacturing; construction; electricity, gas and water; sanitary services; transport, storage and communication; and plantations and other agricultural undertakings mainly producing for commercial purposes, with the exception of family and small-scale holdings producing for local consumption and not regularly employing hired workers. The Committee draws the Government’s attention to Article 5, paragraph 4(b), of the Convention, which states that any Member which has limited the scope of application of this Convention in pursuance of Article 5, may at any time formally extend the scope of application by a declaration addressed to the Director-General of the International Labour Office. It requests the Government to indicate whether it intends to extend the scope of application of the Convention to cover all branches of activity. In this regard, it also asks the Government to specify whether it intends to extend the scope of application of the Convention to the categories of work currently excluded from the scope of application of the Labour Protection Act, such as work in the informal sector (including domestic work, work performed in the fishing industries, trading, and work in restaurants).

Article 6. Apprenticeship and vocational training. The Committee notes the Government’s detailed information about the vocational training activities of the Department of Skills Development (DSD) of the MOL. During the fiscal year 2006, it trained 52,962 persons aged 15–25 years, among which 744 were aged 15. Tripartite input to DSD’s activities is achieved through nationwide Community Advisory Boards, representing employers, workers, decentralized government agencies, and other interested persons. The Ministry of Social Development and Human Security also provided vocational training courses for women, especially young female persons aged 16–35. Additionally, the Ministry of Education, through its Office of the Non-Formal Education Commission (ONFEC), has initiated a pilot project in 11 provinces, which aims by the end of 2008 to provide every Thai citizen aged 15–39 with at least 9.5 years of schooling and at least 50 per cent of the workforce with secondary education. The Committee notes that the Government provides no information regarding apprenticeship programmes. It recalls that Article 6 of the Convention authorizes work to be carried put by persons aged at least 14 in enterprises within the context of an apprenticeship programme. The Committee requests the Government to provide information on the minimum age for entering an apprenticeship programme.

    Article 9, paragraph 1. Penalties. The Committee notes the Government’s information that section 148 of the LPA provides that an employer who violates section 44 (minimum age) must be sentenced to not more than one year’s imprisonment or fined not more than 200,000 baht (approximately US$6,370), or both. According to section 144 of the LPA, any employer who violates or fails to comply with the provisions related to child employment (under sections 46, 47, 48, 49 and 50) carries penalties of imprisonment of not more than six months, or a fine not exceeding 100,000 baht, or both. When such violation causes physical or mental harm to an employee, or leads to the death of an employee, an employer shall be liable to imprisonment or a fine not exceeding 200,000 baht, or both. Finally, non-compliance with the Ministerial Regulation regarding protection of employees in agriculture work BE 2547 (2004) entails a penalty of imprisonment of not more than six months, or a fine not exceeding 100,000 baht.

    Article 9, paragraph 3. Keeping of registers. The Committee notes the Government’s information 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 child employee to the Labour Inspection Officer within 15 days from the date on which the child starts work; (2) prepare a record of conditions of employment, when they are changed from the original conditions, for storage at the boss’ place of business operations or office, ready for inspection by the Labour Inspection Officer during hours of work; and (3) report the termination of the employment of the child to the Labour Inspection Officer within seven days from the date on which the child left the job. The reports shall be in accordance with the formats prescribed by the Director-General. The Committee also notes that section 112 of the LPA prescribes that an employer who has ten or more employees shall prepare an employee register in the Thai language and keep it at the employer’s place of business operations, ready for inspection by the Labour Inspection Officer during hours of work. The employer shall prepare the employee register under section 112 within 15 days from the date on which the employee starts work. Section 113 provides the particulars to be recorded in the register: (a) name; (b) sex; (c) nationality; (d) date of birth or age; (e) address; (f) date of commencement of employment; (g) position or job duties; (h) wage rate and other fringe benefits; and (i) date of expiry of employment. The Committee requests the Government to provide a copy of the report form under section 45 of the Labour Protection Act.

Part III of the report form. Labour inspectorate. The Committee notes the Government’s information that section 139 of the LPA spells out the powers of the labour inspectors. A labour inspector may issue a written order to an employer or employee to comply with the provisions of the LPA. According to the Government, ten metropolitan offices under the supervision of the Labour Protection Bureau are responsible for labour inspection in the Bangkok area, and provincial offices under supervision of the Office of the Director-General for labour inspection in the provincial areas nationwide. The Committee notes the Government’s information that the Rule concerning labour inspection in establishments of 17 November BE 2542 (1999) sets out the general responsibilities of labour inspectors, and guidelines for the planning of their work, the obligation of labour inspectors to investigate complaints, and guidelines for compliance orders in respect of employers. In cases of forced labour, torture, confinement or other criminal offences, and in cases of violations of occupational safety and health resulting in injury and death, or of regulations regarding hazardous work forbidden for persons under 18 years, no compliance order is issued, and the case must be directly referred to the appropriate officials.

Part IV of the report form. Court decisions. The Committee notes the Government’s information that the Central Juvenile and Family Court confirmed that there was no litigation under its jurisdiction involving the violation of hiring a person under 18 years under the LPA. It takes note of the text of a decision of 26 July 2005 of the Central Juvenile and Family Court, supplied by the Government. The Court found that, under the Child Protection Act, the employment of a 15-year‑old person in a factory in hazardous circumstances and for excessive hours was illegal, and sentenced the employer (who pleaded guilty) to 1,000 baht (approximately US$32).

Part V of the report form. Application of the Convention in practice. The Committee notes the NCTL’s statement that there are still a significant number of children below the age of 15 that are employed. In this regard, it notes the Government’s information that, in 2005, the labour inspectorate found that there were 8,882 young persons employed in inspected establishments, out of which 4,390 were male and 4,492 were female. Nine children below the age of 15 were found to be employed, and four between the ages of 15 and 18 where no notification had been made. In 2006, the labour inspectorate found that there were 8,806 young persons employed in the 656 establishments inspected. Some 558 children below the age of 15 were found to be employed. According to the Government, in these cases the employers were fined or imprisoned, in accordance with the LPA. The Committee also notes the Government’s information that, according to the statistics provided by the Ministry of the Interior, between December 2005 and September 2006 there were four cases of children under 18 years employed in entertainment workplaces in violation of the Public House Act. All cases resulted in the arrest of the licence holder and in a 30‑day suspension of the licence. The Committee requests the Government to continue provide information on the manner in which the Convention is applied, including 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 and the penalties applied involving children and young persons.