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

Individual Case (CAS) - Discussion: 2010, Publication: 99th ILC session (2010)

The Government provided the following written information.

In accordance with the present policy to mitigate the impact of the economic crisis on workers and employment, the Government has adopted the Economic Stimulus and Recovery Package, which is in line with the Global Jobs Pact, with the aim of reviving the Thai economy and protecting the least fortunate and the poorest in the country by building a better social safety net for the most vulnerable groups. On 6 May 2009, the Cabinet approved several cross-cutting projects under the Strengthening Thai or Thaikhemkhaeng Action Plan, which are being mainstreamed into the national policies and programmes of all relevant ministries. With regard to employment promotion, the Ministry of Labour (MoL) has carried out many different projects, including: the projects on hiring volunteer graduates and the expansion of vocational guidance for youth in the border provinces in the south; the project on labour market promotion in the Middle East countries, Africa and Malaysia for employment promotion in the bordering Southern Provinces; the project on skills development to increase employability; and the project on the development and promotion of self-employment.

Articles 1 and 2. Employment and social policy: reaching out to workers in the informal economy and the coordination of employment policy measures with unemployment benefits

The Government has provided protection to all workers in the country. Workers in the informal economy and the self-employed can gain access to the social insurance system in accordance with the law on a voluntary basis. The MoL plans to publicize and seeks to convince workers in the informal economy to apply to become insured persons. With regard to benefits, measures are being improved to respond to the needs of informal workers and the law is being revised to expand the coverage of benefits and to increase the categories of workers able to gain access to the social security system. The MoL also provides services to unemployed insured persons with a view to employment promotion, for example, through employment services, vocational guidance and skills training.

Employment promotion measures

Pursuant to the Tenth National Economic and Social Development Plan 2007–11 “human beings are the center of development” which, through capacity and skill development, in line with labour demand they should be able to enter the world of work and competitiveness; life-long learning is promoted in Thai society; labour productivity is enhanced; and the opportunity to access social services for the elderly, disabled and vulnerable is accelerated. Everyone benefits from free compulsory education for 15 years and student loans have provided greater opportunities at the vocational and undergraduate levels. More people can gain access to informal education and life-long learning. Workers at all levels are being equipped with knowledge and standard skills in line with the ever-changing technology and labour market.

The human potential development scheme. Human resource development schemes provide access to life-long learning and enhance the educational quality of everyone, as well as improving labour productivity through skills training and skills standard testing. The Department of Skill Development (DSD) has provided: pre-employment training for inexperienced young and adult jobseekers, with 16,183 people attending training in 2009; skills upgrading training for workers currently in the labour market, with 164,704 people attending courses in 2009; skills standard testing with the aim of categorizing the skills levels of workers, with 51,746 successful applicants for skills testing in 2009; and entrepreneurship training for those interested and workers in various enterprises, with 22,733 enterprises and 4,271,594 workers participating in such training in 2009, in addition to another 90,715 interested persons from the general public.

Social protection measures. During fiscal year 2010, the MoL, through the Department of Labour Protection and Welfare (DLPW), has taken measures to mitigate the suffering and assist employees and their families so as to help them maintain their jobs and to aid those laid off during the crisis. Two projects have been carried out: the project on the fund to prevent, resolve and assist those in the labour sector affected by the world economic crisis which has provided welfare funds to 364 employees; and the project on the prevention and resolution of dismissals, which has just begun to operate.

Upgrading national competitiveness. The DSD has joined the World Skills Contest with the aim of promoting the skills of Thai youth and publicizing the skills capacity of Thai workers to the world community. Thai Labour Standard (TLS 8001-2003) has been adopted in support of all types of establishments, especially those that are export oriented, for implementation on a voluntary basis, with the aim of improving labour administration and making it more systematic in accordance with international labour standards with a view to improving the living standards of workers and enhancing the sustainable development of business. As of 2009, there are 175 establishments with TLS 8001-2003 certification.

Restructuring sustainable development in rural and urban areas. Strategies have been developed to provide guidance to regions, groups of provinces and provinces for the sustainable development of rural and urban areas. In particular, a project has been implemented to strengthen the potential of the unemployed to add economic and social value to the community (the Tonkla-Archeap Project), under which 419,658 unemployed and interested persons have been trained, with 163,538 trainees being recycled to enter self-employment. The results include a fall in migration from rural to urban areas, the promotion of employment and an increase in income generation for rural people.

Matching labour supply and demand

The Department of Employment (DOE) has developed an online labour market information system to help those seeking and offering labour through the provision of labour market information, including news on the Thai economy and investment. The online system includes: domestic employment (e-service) and the online labour market information system through the DOE’s web site, comprising a regional journal and basic information for the provinces. During fiscal year 2009, there were 382,752 vacancies and 3,037,305 jobseekers, of whom 275,573 were placed in jobs.

Linking skills development measures and the labour market

The Labour Market Information Centres located throughout the country have provided assistance through labour market schemes, including: the enhancement of the labour market information database; the establishment of a workforce registry system; and the enlargement of labour market information networks to villages. The DSD has conducted pre-employment training to prepare newcomers to the labour market.

Cooperation between the MoL and the Ministry of Education to reinforce educational and skills training measures. The National Committee on Skill Development Coordination and Labour Development, led by the Prime Minister and comprising representatives from the relevant ministries, including the Ministry of Education and the MoL, is responsible for formulating human resource development policies to consolidate skills development and educational schemes, as well as monitoring implementation. In 2009, in this context, training was provided for 6,905 unemployed persons and skills upgrading courses for 339,176 part-time and full-time workers in enterprises.

Measures to increase the ratio of women in the labour market. In the context of the DSD project on “women’s empowerment”, training courses were provided for chefs, child and elderly carers, office clerks, waitresses, housekeepers and fashion designers. During the course of 2009, there were a total of 323,339 trainees in DSD courses, of whom 150,543 were women.

Training for persons with disabilities. In 2009, the DSD conducted skills training for 321 persons with disabilities, of which 93 are employed. The Office of Social Security (OSS) has provided rehabilitation and vocational training for 197 persons with disabilities and 191 are employed.

Preventing abuse in the recruitment of migrant workers

Since 2004, under the supervision of the Illegal Migrant Worker Administrative Committee, seven strategies have been defined with the objective of the legal employment of foreign workers. The first phase involved the registration of illegal workers from Cambodia, the Lao People’s Democratic Republic and Myanmar, who will be allowed to stay temporarily and work in the country for no longer than one year while awaiting repatriation. The total number of foreign workers’ work permits renewed was 932,255, of whom 812,984 are from Myanmar, 62,792 from the Lao People’s Democratic Republic and 56,476 from Cambodia. Such permits will expire on 28 February 2011. The second phase consisted of the modification of the status of registered foreign workers to that of legal migrant workers. The countries of origin are required to verify the nationalities of these foreign workers, after which they issue a certificate of verification of nationality or a passport. The workers then have to apply for a visa from the Thai authorities so that they can then apply for a work permit. As of 27 April 2010, the total number of foreign workers whose nationalities have been verified is 200,610, including 71,390 from Myanmar, 58,430 from the Lao People’s Democratic Republic and 70,790 from Cambodia. The third phase consisted of the recruitment of foreign workers in accordance with the Memorandum of Understanding signed between the Thai Government and the Governments of Myanmar, the Lao People’s Democratic Republic and Cambodia. As of 27 April 2010, there are 110,776 foreign workers from these countries allowed to work in Thailand, including 20,092 from Myanmar, 49,036 from the Lao People’s Democratic Republic and 41,711 from Cambodia.

Workers in the rural sector and the informal economy

The Basic Economy Fund has allocated support for development projects for 80,000 villages nationwide. At the same time, the MoL, in cooperation with the Ministry of Agriculture and Cooperatives, has signed an agreement to assist workers who wish to return to agricultural occupations. Unemployed persons who so wish and are selected will be allocated land for agricultural work. The DOE has implemented projects to promote employment for groups of workers in the informal economy in the areas of: the promotion and development of home-based work, under which 4,248 persons were trained in 2009; job creation for the unemployed through the creation of self-employed activities, covering 3,488 persons in 2009; and the provision of loans at low interest rates of not more than 200,000 baht (THB) or US$6,200 to organized groups of homeworkers of five or more persons.

With a view to improving the protection of workers in the informal economy, a working group has been established covering all the relevant agencies of the MoL. There are currently laws protecting homeworkers and workers in agriculture. The working group is establishing the framework and drafting the ministerial regulation on the protection of domestic workers, including provisions on holidays, the right to maternity leave, the minimum wage and occupational safety and health. On 3 March 2010, the House of Representatives approved the Labour Protection for Homeworkers Bill, which is now before the Senate.

In addition, before the Committee, a Government representative underlined the firm intention of her Government to comply with the Convention, the provisions of which had always been used in formulating policies and measures to promote employment in the country. To mitigate the impact of the economic crisis on workers and employment, her Government had adopted the Economic Stimulus and Recovery Package – which was in line with the Global Jobs Pact – with the aim of reviving the Thai economy and protecting the least fortunate and poorest in the country by building a better social safety net for the most vulnerable groups. On 6 March 2010, a Resolution had been adopted by the Cabinet of Ministers to approve several cross-cutting projects under the Strengthening Thai or Thaikhemkhaeng Action Plan, which were being mainstreamed in national policies and programmes of all relevant ministries. Several projects were also being carried out by the Ministry of Labour regarding expansion of vocational guidance for youth, labour market and employment promotion, skills development, and development and promotion of the self-employed.

Turning to the points raised by the Committee of Experts regarding measures to reach out to workers in the informal economy and the coordination of employment policy measures with unemployment benefits, she stated that informal economy workers and the self-employed could gain access to the social insurance system on a voluntary basis. The law was being revised to expand coverage of benefits and to increase the categories of workers who could gain access to the social security system. Services were also provided to unemployed insured persons with a view to employment promotion. Regarding employment promotion measures, she highlighted the importance given to skills development and life-long learning under the Tenth National Economic and Social Development Plan for 2007–11, and the fact that under the present Government policy everyone had an opportunity to attend free compulsory education up to the age of 15 years. The student loan provided for enhancing opportunity of access to education at vocational and undergraduate levels. More people could access informal education and life-long learning. Through the Human Potential Development Scheme, human resource development schemes provided adequate access to life-long learning, enhanced educational quality, and improved labour productivity through skills training and skills standard testing. The Department of Skills Development had also undertaken activities in the areas of pre-employment training, skills-upgrading training, skills standard testing and entrepreneurship training. With respect to social protection, the Government had been taking measures to mitigate the suffering and had assisted workers and families so as to help them maintain their jobs and to aid those that had been laid off during the crisis. Measures had also been taken to upgrade national competitiveness, such as the Thai Labour Standard (TLS 8001-2003) which had been adopted in support of all types of establishments, especially those that were export oriented, and was to be implemented on a voluntary basis. As of 2009, there were 175 establishments with TLS 8001-2003 certification. Strategies were also being developed to provide guidance to regions and provinces for sustainable development in rural and urban areas. Of particular interest was the project to strengthen the potential of the unemployed to add economic and social value in the community (Tonkla-Archeap Project), under which 419,658 unemployed and interested people had been trained. This had resulted in the decrease of rural–urban migration and an increase in income generation of rural people.

With respect to linking skills development measures and the labour market, labour market information centres located throughout the country had provided assistance through labour market schemes. The National Committee on Skill Development Coordination and Labour Development was responsible for formulating human resource development policies to consolidate skills development and educational schemes. Measures had also been taken to increase the ratio of women in the labour market through the project on “women’s empowerment”. On the issue of migrant workers, she explained how the Government’s active employment policy was preventing abuse in the recruitment of migrant workers in Thailand, through the registration of foreign illegal workers, especially those coming from Cambodia, the Lao People’s Democratic Republic and Myanmar. Registered foreign workers could, after their nationalities had been verified, modify their status of registered foreign worker into that of legal migrant worker.

Lastly, with respect to workers in the rural sector and the informal economy, the Basic Economy Fund had allocated support for development projects nationwide and the Ministry of Labour had signed an agreement to assist workers who wished to return to agricultural occupations. Projects were being implemented to promote employment of workers in the informal economy, including home-based workers, through the provision of loans at low interest rates. The Government was also looking into establishing a framework and drafting a regulation on the protection of domestic workers, and on 3 March 2010, the House of Representatives had approved the Labour Protection of Homeworkers Bill, which was now before the Senate.

The Worker members thanked the Government representative for the information provided, which was particularly valuable as the Government had not provided a report on the application of the Convention since 2007. Unfortunately, the information provided in writing had only been communicated to the members of the Committee that day. The Worker members were very attentive to Convention No. 122, which was a priority Convention and envisaged the means of guaranteeing workers the possibility to benefit from their right to work. The discussion that had been held in the Conference Committee on the General Survey on the employment instruments, which was continuing in the Committee for the Recurrent Discussion on Employment, had confirmed the importance of employment policy in promoting and facilitating full, productive and freely chosen employment, as well as decent work.

The first point raised in the observation of the Committee of Experts concerned employment policy and social protection. The Committee of Experts had emphasized that 15,500,000 workers in the informal economy were not covered by unemployment benefits. That number had further risen with the economic and financial crisis. In this respect, the Worker members referred to paragraph 22 of the Global Jobs Pact which emphasized, among other matters, that it was necessary to address informality to achieve the transition to formal employment. It was only in this way that workers would be able to enjoy all their rights in the field of social protection.

The Committee of Experts had also raised the question of coordinating employment policy with poverty reduction. The Worker members took due note of the efforts made by the Government in relation to the training of jobseekers and access to credit through cooperative funds. However, the question that arose concerned the extent to which these efforts formed part of a broader employment policy intended to achieve a significant reduction in poverty in the country. The Government needed to intensify its efforts in this field. The Worker members added that they did not have precise information on the measures that the Government indicated it had taken to give effect to the conclusions adopted by the Conference Committee in 2006 on migrant workers, and they endorsed the request made by the Committee of Experts to the Government to report in detail on the impact of the action taken within the framework of an active employment policy to prevent abuse in the recruitment of labour and the exploitation of migrant workers in Thailand. They also urged the Government to ensure the systematic inclusion of a social clause in the bilateral agreements concluded with neighbouring countries with a view to guaranteeing full respect of the rights of migrant workers.

The Worker members also observed that the participation rate of women in the labour market was very low, particularly in the formal economy. They welcomed the measures taken by the Government to raise this rate. However, much still remained to be done and the Government would need to intensify its efforts in this field and provide information on the real impact of the measures adopted. In addition, the Worker members called on the Government to provide data on the impact of the measures taken to promote the participation of persons with disabilities in the labour market, including statistics on the number of persons with disabilities who had completed a training programme and had found employment, so that the Committee of Experts could follow developments in the situation.

Finally, the Worker members emphasized the great importance of Article 3 of the Convention respecting the consultation of representatives of the persons affected by the measures to be taken, and in particular, representatives of employers and workers, in relation to employment policies with a view to taking fully into account their experience and views and securing their full cooperation in formulating and enlisting support for these policies. They noted the Government’s indication that all the parties concerned would be involved in the employment policy, but requested the Government to provide further information on this subject.

The Employer members observed that the Convention was a priority Convention of particular importance for governance and that the Government had not provided the information that had been requested by the Committee of Experts ever since 2007. The Government had submitted written information to the Conference Committee only very recently. Consequently, it was not possible to examine the case properly, as the Committee of Experts had not been in a position to make its valuable contribution to the discussion between the workers and the employers.

The information provided by the Government basically covered three points. First, the Economic Stimulus and Recovery Package would, in accordance with the Global Jobs Pact, revive the economy and protect the poor by means of a social network. The Government had thus given its approval to cross-cutting projects. Second, under the country’s social and employment policy, workers in the informal economy would be covered by a social security system that would afford them social protection that had previously not existed. Third, the promotion of employment under the Tenth National Economic and Social Development Plan for 2007–11 placed people at the centre of development and established a link between training for workers and the demand for labour.

Human development was important, especially in terms of life-long training, improvements in the quality of education, and the productivity of labour. Social protection measures were also essential in times of crisis so as to avoid dismissals. Workers had to adapt their skills to the supply of, and demand for, labour in order to help those who were looking for work or had jobs to offer. In this respect, the information provided by the Government mentioned the National Committee on Skills Development Coordination and Labour Development, which was preparing training and education programmes, a project for working women, training for workers with disabilities and development measures for the rural sector.

The Employer members noted that one of the principal objectives of the Convention was that each member should declare and pursue an active policy designed to promote full, productive and freely chosen employment. That policy was to be pursued by methods that were appropriate to national conditions and practices, and in consultation with the social partners. In its General Survey, the Committee of Experts expressed the view that there were three fundamental steps to achieving full employment: (1) making a political commitment in this regard; (2) building the institutions necessary to ensure the realization of full employment; and (3) supporting and promoting training of workers and promoting the development of small and medium-sized enterprises (SMEs). An entrepreneurial culture needed to be developed as part of the country’s employment policies in order to promote the development of enterprises and the creation of jobs. What was called for was not an analysis of the legislation in terms of the Convention but a more general analysis to determine whether the employment and market policies were in accordance with its provisions. The value of the information requested from the Government, which needed to be provided sufficiently in advance, would depend on the extent to which it related to the effectiveness of the country’s active employment policies.

The Employer member of Thailand underlined that the Thai Government had provided several consultation forums for social partners during the current crisis. Employers’ organizations in the country were cooperating with the Government to find solutions to these problems. Enterprises affected by the financial crisis had been participating in the Tonkla-Archeap Project, which allowed employers to send their surplus labour for skills training, with the financial support of the Government. This had allowed employees to maintain an income. Participating enterprises had signed a Memorandum of Understanding with the Government not to lay off their employees for a minimum period of one year with governmental assistance. The Government had also provided low-interest loans to enterprises with a lack of liquid assets who had agreed not to lay off their employees for a minimum period of one year. The speaker expressed support for the Government’s efforts to overcome the crisis and achieve decent work in the country.

The Worker member of Argentina stated that, in this case, the strategies implemented in order to apply the Convention, not only had not produced results until then, but had also produced serious inconveniences. The Ministry of Labour, with the cooperation of the University of Chulalongkorn, had carried out studies related to the impact of free trade treaties in seven industrial sectors. According to these studies, highly competitive practices associated with free trade treaties led to precariousness as a result of favouring economic criteria aimed at reasons for competitiveness over parameters that dealt with worker protection and decent employment. There was a lack of information on the studies carried out by the Government of Thailand to avoid those negative effects, and on the corrective measures adopted. The consequences had become worse owing to the crisis. In that sense, it was necessary to evaluate strategies in light of the Global Jobs Pact. Those strategies should not necessarily result in adjustment, decreased wages or recessive policies, as there were other alternative models that were being applied and that had produced success in other countries with different histories and productive models. Those experiences showed that there was a different way to achieve the adjustment required for dealing with the crisis, namely through the harmonious development of national economic processes so as to protect decent employment, create new jobs and increase social protection; all of that under a tripartite framework for dialogue. The countries that implemented policies that took into account human beings as the centre of economic activity, as proposed in the strategies of the Global Jobs Pact, had obtained highly positive results. The steps taken in Argentina took into consideration a basic axiom: that of the virtuous growth cycle of an economy, which taught us that higher salaries produced greater domestic consumption, which in turn produced greater production with a resulting increase in employment. These were worthy alternatives to adjustment and loss of decent jobs that respected ILO goals and protected the human condition. Those measures were a demonstration of the viability of the Global Jobs Pact and, therefore, of possible application in the case of Thailand.

The Worker member of Germany said that as well as making a valuable contribution in the international arena, for example through the Global Jobs Pact, the ILO could also exert an influence at national level. To that end, it should, however, always have detailed information available concerning the current labour market situation in its member States. Yet, the Government of Thailand had not provided the required information on its employment policy in recent years. Cooperation was necessary, particularly in the current context of economic and financial crisis. The crisis had allowed certain employers in Thailand to dismiss trade unionists and to recruit workers on temporary contracts in their place. Fear of dismissal and the weaknesses of labour legislation prevented unionization in many places. Unfortunately, Thailand had still not ratified Conventions Nos 87 and 98.

During the first three months of 2010, Thailand’s gross domestic product had grown by 12 per cent. According to the Government, that increase had resulted from exports, banking sector stability, and its monetary and fiscal policies. It was difficult to be certain, however, given the lack of available data. What was certain, though, was that a large number of poor people, principally in the informal economy, were not benefiting from the Government’s aid programme, and that social inequalities, to which migrants were particularly vulnerable, remained prominent in the country. Furthermore, despite attempts to shape a social policy, an in-depth reform of labour legislation had yet to be undertaken. The speaker strongly urged the Government of Thailand to cooperate with the ILO and all its member States during the current crisis. Joint work was needed to ensure that, throughout the world, positive measures were taken to promote widespread job creation. Lastly, the speaker urged the Government to show transparency in its policies and to communicate information to the ILO, under Convention No. 122, on recent trends in its labour market.

The Worker member of Indonesia was disappointed that the Government of Thailand had not provided detailed information on efforts made to meet its obligations under the Convention with respect to migrant workers. In 2006, the Committee, when discussing the case, had already emphasized the importance of an active employment policy to promote the effective integration of migrant workers in the labour market and to prevent their abuse and exploitation. There were more than two million migrant workers in Thailand, representing 5 to 10 per cent of the labour force and contributing approximately 1.25 per cent to the GDP in 2005. They worked primarily in the agriculture, fishing, construction, manufacturing and services sector. Most migrants were undocumented and had fled the repressive regime in Burma. They were vulnerable to exploitation and violation of their rights, in particular with respect to wages, working time and occupational safety and health. In addition, they faced obstacles to forming trade unions and accessing social protection. Undocumented workers were even at a higher risk of being victims of trafficking and slavery. Migration policies and programmes should be put in place, in consultation with social partners, to acknowledge the existence of large numbers of workers, both in a regular and irregular situation, and to respond to their rights and needs. The registration schemes already in place could help formalize irregular migration flows. However, the existing schemes were too restrictive, costly and difficult to use. The national verification process for migrant workers had created confusion and insecurity, in particular for stateless persons from Burma. Migration policies had to be carefully formulated and implemented in compliance with Convention No. 122, thereby taking into account the interaction between migration and labour laws. The Government was urged to report in detail next year on the efforts made to improve the status of migrant workers in the labour market.

The Worker member of Brazil recalled that the Government of Thailand had not complied with its obligation to provide reports on the application of the Convention since 2007. That constituted an obstacle to the proper functioning of the ILO supervisory system. The information provided by the Government in writing in was not sufficient to demonstrate its commitment. Convention No. 122 had been of the greatest importance since the beginning of the economic and financial crisis. The Thai economy was closely linked to that of the United States, Europe and Japan, which were still suffering from the effects of the crisis. The Thai GDP had fallen by 2.49 per cent in 2009 and, according to the available information, it appeared that unemployment would rise over the next two quarters. The number of workers in the informal economy, which already accounted for 70 per cent of the active population, was liable to rise as a result, as it acted as a shock absorber for workers who lost their jobs. As workers in the informal economy were not covered by social security, the phenomenon would result in a rise in social exclusion. He considered that the social protection system needed to be universal. The primary objective of the Convention, which was the promotion of full, productive and freely chosen employment, therefore remained very difficult to attain, at least for workers in the informal economy.

Referring to the objectives established in the Decent Work Country Programme for the period 2010–11, he emphasized that the information provided by the Government hardly covered the measures adopted in that context, with the exception of the efforts made to include workers in the informal economy in the social security system, which was totally unsatisfactory. He also referred to the conclusions concerning decent work and the informal economy adopted by the Conference in 2002, which placed emphasis on the priority that needed to be given, among others, to the following aspects: “removing obstacles to, including those in the legal and institutional framework, the realization of all the fundamental principles and rights at work” and identifying “the obstacles to application of the most relevant labour standards for workers in the informal economy and assist the tripartite constituents in developing laws, policies, and institutions that would implement these standards”. Unfortunately, none of these issues appeared in the Decent Work Country Programme for Thailand.

In conclusion, he hoped that the Committee would request that the Government of Thailand provide detailed and up to date information on the employment situation in the country and on the application of the Convention, as well as on the implementation of the Decent Work Country Programme. It would then be possible to envisage the possibility of the ILO offering technical cooperation for the improvement of working conditions in the informal economy.

The Government representative welcomed the recommendations from the Worker and Employer members. These would be taken into consideration to improve the situation. More specific information and more documentation would be submitted in the Government’s next report to the Committee of Experts.

The Worker members noted with satisfaction the efforts made by the Government in the area of employment policy. Referring to the conclusions adopted by the Committee on the Recurrent Discussion on Employment, they invited the Government to pursue its efforts so as to formulate an employment policy which would create decent, productive and freely chosen jobs. Such an employment policy should focus on the most vulnerable groups, especially women, migrant workers, and persons with disabilities. Bilateral agreements should include a social clause which would guarantee the rights of migrant workers. They called upon the Government to formulate additional training and skills development programmes, especially in the rural sector and informal economy, and encouraged it to base itself on the principles and recommendations contained in the Global Jobs Pact so as to resolve the problems confronting the country with respect to the labour market. The Worker members requested the Government to provide more detailed information on all the measures taken in this regard, and on the results achieved. Finally, they recommended the Government to associate fully the representatives of workers including migrant workers and workers in the informal economy, in its employment policy.

The Employer members thanked the Government for the information provided but, nevertheless, expressed regret that the report requested by the Committee of Experts had not been supplied at the right time or in the right format, which would have made it possible to examine the case in greater depth. The Government had demonstrated its political will to apply the Convention. Active employment policies had to respond to supply and demand in the labour market. As such, it should be borne in mind that recent years had seen employment being generated by SMEs. The Government should therefore continue supporting sustainable enterprises, particularly SMEs. Promoting a business culture and taking measures that made it easier to start an enterprise, as set out in the Job Creation in Small and Medium-Sized Enterprises Recommendation, 1998 (No. 189), were valuable means of integrating more workers into the formal economy. To that end, consideration should be given to including them in active employment policies. It was also necessary for the Government to continue including occupational training initiatives and educational policies that responded to the needs of the labour market in its active employment policies. It should also continue holding consultations with the social partners on every policy formulated to promote full, productive and freely chosen employment, which would facilitate evaluation as to whether those policies were effective and appropriate.

Conclusions

The Committee took note of the oral and written information provided by the Government representative, as well as the discussion that followed. The Committee noted that the Committee of Experts’ observations in 2008 and 2009 raised issues related to the coordination of employment policy measures with unemployment benefits, in particular for workers in the informal economy; the prioritization of employment in the framework of a coordinated economic and social policy and the labour market measures adopted for vulnerable categories of workers.

The Committee noted the Government’s indication that it had adopted an economic stimulus and recovery package in line with the Global Jobs Pact, with the aim of reviving the Thai economy and protecting the poorest in the country by building a better safety net for the most vulnerable groups. It also noted the information by the Government that it had implemented human resources development schemes which provided adequate access to lifelong learning, sought to enhance the overall quality of education and improve the national competitiveness. In 2010, the Department of Labour Protection and Welfare had taken measures to mitigate the impact of layoffs on workers and their families affected by the crisis.

Noting the information provided by the Government concerning the Tenth National Economic and Social Development Plan for the period 2007–11, the Committee requested the Government to provide further information on the results achieved in terms of generation of decent, productive and freely chosen employment, as well as on the measures taken to include the most vulnerable categories of workers in the labour market, such as workers with disabilities, rural women, as well as workers in the informal economy. The Committee also stressed the importance of promoting an enterprise culture, entrepreneurial initiatives and small and medium-sized enterprises, in line with the Job Creation in Small and Medium-Sized Enterprises Recommendation, 1998 (No. 189).

The Committee further noted the information regarding the measures taken for registering alien workers with the goal of ensuring their legal employment. It recalled that the protection of migrant workers had already been a matter of concern in the tripartite discussion held in June 2006. The Committee requested the Government to take particular action within the framework of an active employment policy to implement appropriate measures which would prevent abuse in the recruitment and the exploitation of migrant workers in Thailand.

The Committee recalled, as required by Article 3 of the Convention, that consultation with the social partners was essential both at the earliest stages of policy formulation and during the implementation process as this enabled governments to take fully into account their experience and views. The Committee invited the Government to report in detail on how tripartite mechanisms had contributed to the formulation of a specific employment policy and to the implementation of an active labour market measure in order to overcome the crisis and ensure a sustainable recovery.

The Committee requested the Government to provide the information on the elements above to the Committee of Experts for its forthcoming session.

Individual Case (CAS) - Discussion: 2006, Publication: 95th ILC session (2006)

A Government representative stated that, with regard to employment policy and social protection, the Unemployment Insurance Scheme, enacted in accordance with the Social Security Act of 1990, provided for people who were unemployed to receive benefits as long as they met the requirements of the regulations. Employees who had resigned from their jobs or been laid off, and had paid contributions to the social security fund, would be provided with benefits under various conditions. They had to be able to do any work provided or any training course offered to them, and they also had to register with the public job placement office and report to it once a month. They should not have been laid off as a result of their faults. Statistics showed that, between July 2004 and April 2006, a total of 227,862 persons had registered for the scheme, averaging 10,357 persons a month. A change in the statistical trend occurred in January 2005 after the tsunami catastrophe in December 2004, following which the average number of people registering per month increased to 12,935. In the six southern provinces, meanwhile, 39,950 people registered with the scheme. Re-employment rates had also been increasing. Resources had been allocated to the Department of Employment, which had created a strategy for public job placement, for which performance indicators had been set, namely that at least 25 per cent of those sent to attend a training course should be recruited into employment, 1.5 per cent should be in retraining or skills upgrading and 0.25 per cent in self-employment.

With regard to the coordination of employment with poverty eradication, he indicated that since ratifying the Convention in 1969, his country had made several efforts to translate its principles into practice for the development and economic growth of the country. In view of the significant impact of employment in reducing poverty, in 2005 the Government launched its poverty eradication policy, which focused on improving the entire administrative system, mobilizing not only individuals but also communities and the whole nation to achieve poverty alleviation, and building mechanisms to enable the poor to utilize assets and resources efficiently and in a sustainable manner. This strategy was aimed at increasing incomes, mainly among rural workers by providing microfinance schemes at the village level, cattle and other agricultural inputs for hire. There were also other schemes to enable people to obtain income while remaining in their homes. He emphasized that the Government had made great efforts to maintain low unemployment rates for the past five years. Job matching and skills database schemes had helped to readjust regional disparities in the supply and demand of labour. However, as a result of rising oil prices and interest rates, sluggish investment, including the falling consumption which had caused a slowdown in the domestic economy, the country's unemployment rate might rise to 2 per cent in 2006 from 1.5 per cent the previous year. In this regard, the Ministry of Labour was mandated to promote employment with a view to supporting poor people so that they could be self-reliant. Many programmes had been implemented under the responsibility of the Department of Skill Development (DSD) and the Department of Employment (DOE) to increase and expand employment opportunities by providing employment services to target groups, especially women, people with disabilities, youths and other disadvantaged groups. He provided figures showing the achievements of these programmes.

On the subject of labour market and training policies, he indicated that there were various training programmes, which might be categorized as pre-employment training, upgrading skills training and retraining for new entrants to the labour market, such as youth, newly graduated students, existing workers and the unemployed, or those transferring from one job to another. There were three classifications of occupational skills standards, namely: national skills standards setting, skills standards testing, and supervision of the skills testing of workers seeking overseas employment. With these skills, jobseekers could gain access to the labour market more easily through employment overseas in the service sector in such areas as care for children and the elderly, as well as Thai cooking. These jobs were promoted in many countries in Asia and Europe. With regard to skills development promotion and coordination, under the Skill Development Promotion Act of 2002, tax exemption and other benefits would be offered to enterprises which provided or supported skills training for their own employees, and enterprises would be encouraged to employ employees with national skills standards certification. The National Board of Vocational Training Coordination (NBVTC) had been set up to oversee the skills development promotion and coordination scheme.

With regard to labour market information, he informed that the DOE had created a nationwide unemployment registration system and a labour market information network linking public and private employment services at the national, regional, provincial, district and community levels. The DOE published a monthly labour market information magazine, a quarterly magazine and an annual magazine. The DOE had also developed labour market indicators to create an early warning system and to guide policy by analysing and setting indicators on labour market issues, revenue and labour productivity. Turning to the subject of the prevention of discrimination and the equality of treatment for men and women in general, the objective was to achieve equality of opportunity for men and women workers in access to employment, education and training. The Government followed the constitutional principle that all persons were equal before the law and enjoyed the same protection, emphasizing that men and women enjoyed equal rights while discrimination on the grounds of sex was prohibited. In relation to persons with disabilities, he indicated that specific projects were being implemented to support employment opportunities, including: a project for skill development of disadvantaged women in the northern area; a project for the part-time employment of disadvantaged youths, persons with disabilities and orphans; a project to provide introductory courses for future employees which provided trainers with general knowledge in the areas of intimate relations, HIV/AIDS prevention, drug abuse, environment and energy preservation, children's rights, gender status, labour law and career search techniques; and a project, undertaken in cooperation with UNICEF, to promote employment opportunities for juvenile delinquents.

He added that a scheme had been established to register illegal migrant workers and, although it had not reached those concerned, the registration of many thousands of migrant workers had improved their situation. The scheme aimed at providing illegal migrant workers with legal rights and benefits that were equal to those of Thai nationals and had been established in accordance with the Working of Aliens Act, 1978, and the relevant Cabinet resolutions. Further Cabinet resolutions had been adopted to achieve a reduction in the number of illegal migrants from neighbouring countries and to allow those registered under the scheme in 2004 to stay and work in Thailand until 30 June 2006. These migrant workers were allowed to work as unskilled workers and housemaids and to accompany their employers when travelling to other areas. They were also allowed to work with new employers if they faced problems of unfair working conditions. In 2005, a total of 705,293 migrant workers had requested a work permit, mainly from Myanmar (75 per cent), as well as from Cambodia and the Lao People's Democratic Republic. In relation to workers in the rural sector and the informal economy, he informed the Committee that measures had also been taken to improve the productivity of homeworkers, firstly by enabling them to obtain work contracts from employers qualified to this effect, secondly through training courses in basic business disciplines, such as accounting, management and legal knowledge, and skills development in producing high-quality products. The Fund for Homeworkers had been established so that they could borrow money to buy raw materials and machines to manufacture products. The DOE was also in the process of drafting an employment promotion law to obtain high-quality data on employment and unemployment and to integrate them into a long-term plan to develop human resources in Thailand through educational institutions.

Finally, he stated that his Government had given a significant role to consultation on labour matters in various tripartite bodies. With regard to the consultations held with representatives of the informal economy and the rural sector, Thailand had cooperated with the ILO Regional Office in Bangkok in implementing a programme for the informal economy with a view to providing greater protection for the workers concerned. Seminars and workshops had been organized and research conducted to raise awareness and enhance capacity to pave the way for the extension of labour protection. Draft legislation was also being prepared for the protection of informal economy workers.

The Employer members thanked the Government representative for the information provided and recalled that the Convention called for the implementation of active policies aimed at guaranteeing full, productive and voluntary employment. Such policies had to be periodically reviewed and formulated in consultation with the social partners. They pointed out that this was the first time that this case was being examined and that the Committee of Experts had only made one observation on the case. They emphasized that Thailand had experienced one of the highest rates of economic growth in the region since 2002, which had made it possible to reduce unemployment to 1.8 per cent despite the devastating effect of the tsunami and the increase in the price of oil. They then referred to some of the issues raised by the Committee of Experts. With regard to the first point, in relation to which the Committee of Experts had requested information on the development of unemployment benefits as a complement to employment policies, they maintained that the question was only meaningful in the context of the Convention to the extent that it was linked to the effectiveness of active employment policies, or in other words, how successful passive policies or benefits were in encouraging a return to work when combined with active employment policy measures. With regard to the second point, the Committee of Experts had mentioned the coordination between macroeconomic and social policies with a view to alleviating and eliminating poverty. In this respect, it was necessary to conduct an assessment of the impact of the Government's social and macroeconomic policies based on any data the Government representative might be in a position to provide. The Committee of Experts had also commented on the relationship between labour market and training policies. In this respect, they emphasized that, in the context of policies aimed at promoting full employment, the issue of training was essential considering the growing need for updating workers' competencies. They agreed on the need for information on the effectiveness of such policies and the participation of workers' and employers' organizations in their formulation and application.

The Committee of Experts had also requested information on the progress made to promote the access of persons with disabilities to employment. A process to amend the Rehabilitation of Disabled Persons Act was apparently under way. On this matter they emphasized the need to adopt effective measures and programmes to eliminate physical barriers and training deficiencies and to promote the recruitment of persons with disabilities in the private sector. With regard to the policies aimed at preventing abuse in migrant labour recruitment, there was no data on which to assess the extent of the problem. In any case, migrant labour policies had to provide support measures to ensure a better social and cultural integration of migrant workers. With reference to the Committee of Experts' comments on the measures adopted to increase employment opportunities in the rural sector and in the informal economy, the Employer members observed that the macroeconomic, fiscal, training and labour policies as a whole had to lead to a decrease in the informal economy or to its incorporation into the formal economy so as to guarantee better working conditions for all workers. In conclusion, they emphasized the importance of a stable macroeconomic situation, which promoted the competitiveness of the business world as a key factor in wealth and productive job creation. Based on the available data, it could be inferred that the recent trends in the Thai economy had had a very positive impact on the employment situation. They also requested the Government to continue to supply information in this respect.

The Worker members thanked the Government for the additional information. A reading of the Committee of Experts' comments gave the impression that, although some progress had been made, there was still much to be done. However, the information provided by the Government representative had shed some light on the ambiguity apparent in the comments. With regard to the Committee of Experts' request for better coordination between the Government's employment and social protection policies, the Worker members noted with satisfaction the measures taken by the Government, namely the establishment of a system of unemployment benefits and a universal health-care scheme. Concerning the coordination of the employment policy with poverty reduction, they emphasized that, although the number of persons living in poverty had shown a decreasing trend since the financial crisis of 1997, it was not significant enough. Moreover, it was not clear whether the employment policy applied to workers in the rural sector and informal economy. With regard to vocational training programmes put in place for vulnerable groups, the Worker members indicated that, although there had been positive results for the employment of young persons, there was very little information on women in poor areas and homeworkers. Furthermore, despite the progress made by the Government, the employment policy had not succeeded in eliminating a certain number of discriminations. Although there were fewer women workers than men workers, women were always over-represented in activities which did not ensure a stable income, such as home work, agriculture and manufacturing. Persons with disabilities were paid two-thirds of the wages of other workers. Moreover, although there were several guidance and vocational training programmes for workers in the rural sector and informal economy in the villages, among which the project to increase their productivity and safeguard their occupational safety and health of homeworkers, which had been set up with ILO cooperation, the results of these programmes were not available. Migrant workers on the other hand, were still victims of abuse as regards both recruitment and exploitation at work. It was difficult to understand the Government's decision to turn down an ILO project in favour of migrant workers. Finally, with regard to tripartite consultation on employment policy, although the Government had taken into account some of the recommendations in establishing its unemployment insurance system, it had not done likewise in its capacity-building policy. In conclusion, the Worker members noted that it would have been better if the Government's information had been sent earlier to the Committee.

The Worker member of Australia stated that the Thai economy had made many strides in achieving a high rate of economic growth since the financial crisis in 1997. However, the trend away from paid employment in the formal sector had started before the crisis, and there was evidence that the informal sector was still growing. She emphasized the need for further detailed information from the Government to assess trends in the employment situation, and especially that of vulnerable groups of workers. It was important to include in the country's macroeconomic policy framework a detailed assessment of the impact of changes and needs in the labour market with a view to the effective coordination of employment policy and poverty alleviation, and for the country's recovery effort after the tsunami. With regard to Article 1 of the Convention: Prevention of discrimination, she noted that she had not observed significant improvements in the Government's commitment to increasing the participation of vulnerable groups of workers, such as women, homeworkers, people with disabilities, migrant workers and workers in the rural sector and the informal economy. The working conditions and lives of these workers would be improved by greater compliance with the national legislation and by bringing the legislation into greater conformity with the ILO's fundamental Conventions and the relevant United Nations instruments. Effective trade unions could also play an important role in the effort to overcome discrimination, thereby strengthening employment policy in the context of the Decent Work Agenda, with particular reference to the payment of fair wages, equal remuneration for work of equal value and safe and healthy working conditions.

Concerning migrant workers, she recalled that Thailand was host to some 2 million migrant workers from Cambodia, the Lao People's Democratic Republic and many from Myanmar. The latter had left their homes as victims of internal conflict and militarization, severe economic hardship and political and minority persecution. They were therefore especially vulnerable. She took note of the Government's efforts to integrate them into the worker registration system or place them in camps for temporary displaced persons. As a result, in 2004, some 1.28 million people had been registered as foreign migrant workers and given permission to work, seek employment or stay on in the country as dependants until 30 June 2005, a period which had since been extended by 12 months. On the other hand, she pointed out the serious lack of effective mechanisms for the legal protection of such workers. Although labour inspection facilities existed, they needed to be improved. The budgets of local labour offices were not effectively distributed and awareness of these mechanisms was lacking, resulting in the abuse of migrant workers' rights, especially in border provinces, where many had to work in dangerous, dirty and difficult jobs. She therefore emphasized the importance of enforcement of the relevant national legislation. Moreover, when workers were allowed to organize, they were in a better position to assist the Government to enforce the law. Workers' and employers' representatives could also play a more constructive role in increasing respect for national labour laws. She called on the Committee to seek more detailed information about employment policy and programmes and their impact, especially for the most vulnerable groups of workers. Both political will and a commitment to social dialogue were needed, so that the worker and employer groups could be partners in the development and implementation of employment policy.

The Worker member of Japan welcomed the developments noted in the report of the Committee of Experts in the field of social protection, especially social security. However, she pointed out that 80 per cent of the population, or 51 million people, mainly informal economy workers, agricultural workers and the family members of workers, were still not covered by social security. For this reason, she called on the Government to improve the implementation of social security systems. Changes were required in the relevant legislation to ensure the social protection of those who were not currently recognized as workers and who therefore fell outside the scope of labour legislation. Detailed information on the measures adopted should be provided to the Committee of Experts. She also emphasized the need to encourage the development of a sustainable economic and social environment, so that workers could have better access to safe and adequately paid jobs with social protection. Thailand was well placed to improve employment policies and advance the Decent Work Agenda. With regard to tripartite consultation, she welcomed a report by the National Congress of Thai Labour expressing satisfaction on the subject of consultations, although with a reservation as to their practical impact. In view of the complex situation of the trade union movement in Thailand, she called on the Government to make great efforts to ensure that the true voice of workers was reflected in genuine tripartite consultation as these workers were, according to the terms of the Convention, the "representatives of the persons affected by the measures to be taken". The efforts made should be aimed at providing adequate protection for all working persons, whether or not they were classified as workers. Legislative reforms would be needed to enable the country to ratify Conventions Nos. 87 and 98, and she trusted that Thailand had the necessary political will to carry them through.

The Government representative thanked the members of the Committee for their valuable statements, which had been noted and would be taken into consideration for the further strengthening of employment policies in his country. He reaffirmed that the measures and action taken by his Government in relation to employment promotion reflected its continued will to bring about economic growth and the development of the country and its people and in so far as possible to overcome unemployment, in accordance with the objectives of the Convention. With regard to migrant workers, he emphasized that, in the context of the efforts to achieve decent work, workers would receive equal protection under the labour legislation irrespective of whether they were Thai nationals or migrant workers. In conclusion, he indicated that he would be happy to provide any further information that might be necessary through the ILO Office in Bangkok.

The Employer members reiterated their appreciation of the information provided by the Government representative. They emphasized the positive impact of the economic and social policies adopted by the Government in reducing unemployment, and the improvement in unemployment benefits through the implementation of active policies. Finally, they indicated their interest in additional information on the policies established for the integration of persons with disabilities.

The Worker members noted with satisfaction the progress achieved by the Government in reducing poverty and in the field of social security. They invited the Government to pursue its efforts and to target its employment policy on the most vulnerable groups; develop other training and skills programmes, particularly in the rural sector; energetically promote equal access to education, training and employment, particularly for young and disabled persons; combat the trafficking of persons and the exploitation of migrant workers, preferably with the technical assistance of the ILO. Finally, they recommended to the Government to involve all workers in its employment policy, including representatives of migrant workers and workers in the informal economy.

The Committee noted with interest the detailed and comprehensive information provided by the Government representative concerning the observation formulated by the Committee of Experts. This information related to the most recent labour market trends, including the measures taken with a view to promoting employment generation, skills development and social protection, as well as measures concerning special categories of workers, including migrant workers. It further noted the technical assistance available to the Government and to the social partners through the ILO Subregional Office in Bangkok. This technical assistance might strengthen the involvement of employers' and workers' organizations in the design and implementation of an active employment policy in conformity with this priority Convention.

The Committee further noted the tripartite discussion that took place, and in particular the concerns expressed by various speakers with regard to the opportunities for women workers, workers with disabilities and workers in the rural sector and the informal economy to obtain and retain jobs and to promoting equal access to education, training and employment. The Committee noted that there was a need for action within the framework of an active employment policy to promote the effective integration of migrant workers and to prevent cases of abuse or exploitation. It also encouraged the Government to consult both employers' and workers' organizations to achieve this goal. The Committee, like the Committee of Experts, stressed that the need for measures to ensure that employment, as a key element for poverty reduction, was at the heart of macroeconomic and social policies.

The Committee invited the Government to communicate a detailed reply on the matters raised during the discussion by the Conference Committee and by the Committee of Experts in its observation. It hoped that the Government's report would also include information on the results of the tripartite consultations dealing with employment policies and on the other measures taken to achieve the important objectives set out in this priority Convention.

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

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Small and medium-sized enterprises (SMEs). The Government indicates that, during the reporting period, it promoted the growth of SMEs under an enterprise promotion plan for small and medium-sized enterprises, No. 4 (2017–21), which was supplemented by the SMEs Promotion Plan 2021–22. It adds that the SME Action Plan, No. 5 B.E. 2023–27, will soon be implemented. In 2019, the definition of micro, small and medium-sized enterprises (MSMEs) was modified on the basis of annual revenue and employment, in order to effectively promote the targeted entrepreneurs to better suit the economic situation. From 2019 to 2021, the number of MSMEs increased by 1.15 per cent annually (or an average of 67,966 enterprises per year), with an average yearly number of 3,139,221 enterprises for that period. In 2021, the MSMEs’ contribution to the national gross domestic product amounted to 34.5 per cent, with 12,601,726 workers employed. The Committee wishes to stress that, as recognized the Job Creation in Small and Medium-Sized Enterprises Recommendation, 1998 (No. 189), creating a favourable environment for the emergence of sustainable micro, small and medium sized enterprises is a reservoir for decent work and productive employment creation and also represents a key component for effective formalization strategies. It therefore requests the Government to continue to provide detailed information on the initiatives taken or envisaged to support micro, small and medium-sized enterprises and to promote the creation of sustainable jobs through micro and small enterprises. The Committee further requests the Government to provide information on measures and incentives aimed at assisting and upgrading the informal sector to become part of the organized sector. It also requests the Government to continue to provide detailed, up-to-date information on the impact of the measures taken to generate employment through the promotion and support of sustainable small and medium-sized enterprises.

Skills development. The Government indicates that it attaches great importance to skills development as a tool to prepare the workforce to, for example, upgrade competencies, increase labour productivity, and acquire vocational skills that meet the demands of the labour market. The average number of workers enrolled in skills development training from 2017 to 2021 was 210,349, and the average number of trainees who were employed after completing training was 78,234 people (varying from 48,620 in 2020 to 106,258 in 2018). The Government indicates that the social partners play a key role in the development of vocational training programmes and measures through, for example, the National Committee on Labour Development and Vocational Training Coordination, the Skill Promotion Committee, and the Subcommittee on the Wage Rate according to the Skill Standards. The Committee requests the Government to continue to provide information on the nature and impact of the skills development measures adopted, particularly with regard to their impact on access to sustainable productive employment. It also requests the Government to continue to provide information on the manner in which the representatives of employers and workers participate in the development of vocational training programmes and measures.

Rural workers. The Government indicates that efforts were made to increase employment in rural areas. The Ministry of Labour has taken measures to support the employment of rural workers through, for example, the Addressing Occupational Difficulty Project, training on increasing labour productivity, vocational skills training, and vocational guidance. The Addressing Occupational Difficulty Project aims to support workers in the rural areas of 76 provinces by providing employment opportunities for the public benefit or engaging in vocational skills development. There were 142,285 workers that benefitted from this project during the 2017–21 period. With respect to the impact of the other measures implement during the reporting period, the Committee notes that 56,356 participants enrolled in the training on increasing labour productivity in SMEs from 2018 to 2021, and 3,002 trainees participated in the vocation skills training project. In terms of vocational guidance for students, unemployed insured persons and the general public, the total number of participants reached 2,115,780 from 2017 to 2021. The Committee requests the Government to continue to provide detailed information on the impact of the measures taken to promote the employment of rural workers.

Migrant workers. In response to the Committee’s previous comments, the Government reports that Thailand concluded memorandum of understanding (MOU) agreements on the administration of migrant workers with neighboring countries in order to establish a regular channel for migrant workers to stay and work legally in Thailand, and be fully protected by relevant laws and regulations. These MOU agreements also promote cross-border cooperation to prevent labour exploitation, forced labour and human trafficking. The number of migrant workers under the MOU system increased from 582,726 workers in 2017 to 1,005,848 in 2019, and slowed down during the COVID-19 pandemic to 797,158 in 2020, and 594,408 in 2021. In the 2021–22 period, the Ministry of Labour developed Standard Operating Procedures (SOPs) for the preliminary screening of potential victims of labour exploitation, forced labour, or human trafficking, in accordance with the Anti-Human Trafficking Prevention and Suppression Act of 2008. The SOPs were disseminated to all relevant agencies at the provincial level. The Government indicates that various measures were adopted in 2021 for the administration of migrant workers during the COVID-19 pandemic, which allowed undocumented migrant workers from Cambodia, Lao People’s Democratic Republic and Myanmar whose work permit had expired to continue to stay and work in Thailand. A total of 2,328,409 migrant workers benefited from these measures. Moreover, the Government refers to the implementation of various projects, in collaboration with the ILO, to promote decent work for migrant workers, including the Ship to Shore Rights South East Asia initiative, the TRIANGLE in ASEAN programme, and the Safe and Fair programme. With regard to migrant workers in the fishing industry, the Committee refers to its comments on the application of the Work in Fishing Convention, 2007 (No. 188). The Committee requests the Government to continue to provide information on the impact of the labour market measures implemented to address and resolve issues relating to migrant workers. It also requests the Government to continue to report on the measures taken or envisaged to prevent abuse and exploitation of migrant workers in Thailand and improve the likelihood of obtaining decent work.

Article 3 of the Convention. Consultations with the social partners. The Committee notes the Government’s indication that significant consultations were held with the social partners with regard to the development and implementation of the 12th National Economic and Social Development Plan. The Government also refers to consultations with the social partners during the ratification process of the Work in Fishing Convention, 2007 (No. 188), including the corresponding legislative review process, as well as consultations within the National Wage Committee to approve a new minimum wage in 2022. The Committee requests the Government to provide more specific information on the consultations held with the social partners with regard to the development and implementation of active employment policy measures under the 13th National Economic and Social Development Plan (2023-27).

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

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Articles 1 and 2 of the Convention. Implementation of an active employment policy. Labour market trends. In its previous comments, the Committee requested the Government to provide information on the implementation of the 12th Social and Economic Development Plan (2017–21) with respect to employment promotion, including its impact on labour market trends. The Government reports that the 12th Social and Economic Development Plan (2017–21), which was extended to 2022, was implemented through plans, policies and schemes, such as activities to prepare the workforce to meet labour market needs by way of skills development and capacity-building activities. It refers to the results of the Smart Job Centres that provided services to 1,096,307 jobseekers during the 2017–21 period, and to the Tri-Thep Centres which provided career development and guidance services to 135,693 participants during the same period. In terms of employment trends, the Government provides statistical data concerning employment, unemployment and visible underemployment, as well as information on the size and distribution of the informal economy. The Committee notes from the 2021 data that the total number of employed persons in both the formal and informal economy was measured at 37,705,741 workers, decreasing slightly from 2020, with 20,453,927 men and 17,251,814 women. In 2021, the total number of workers in the informal economy was 19,598,061, decreasing from 20,364,391 in 2020. Looking at the share of informal economy workers by economic sector in 2021, most of them are employed in the agricultural sector (58 per cent), followed by the trade and service sector (32.4 per cent). Referring to the unemployment rate that was decreasing at the end of the reporting period, the Government indicates that it is a good sign of the recovery of the employment situation from the COVID-19 pandemic that hit Thailand in 2020. The Committee notes the adoption of the National Strategy (2018–37), the long-term action plan which will guide the formulation of employment policies, and the 13th National Economic and Social Development Plan (2023–27), which is the key mechanism to guide the implementation of the National Strategy. The Committee notes from the National Strategy document that Thailand will need to prepare for rapid changes brought upon by disruptive technology in order to minimize any negative impacts, especially if the access to technology, infrastructures and knowledge of different income groups is a key constraint. Disruptive technology will affect employment and forms of employment and occupation, higher capacity workforce will be more demanded while some occupations will be replaced by automation, especially low-skill jobs, which will pose a risk for some population groups, particularly those who are unable to keep pace or lack up-to-date knowledge and skills.

The Committee welcomes the reference to measures aimed at accompanying the rapid transformations in the economy and the world of work, including those occasioned by disruptive new technologies. The Committee considers that employment policies represent a very important tool which, if properly used, allows member States to anticipate and make the necessary adaptations to keep pace with these changes and challenges. The Committee observes that an ever increasing number of countries have started mobilizing the potential of employment policy in this respect, including by adopting measures to : (i) promote lifelong learning and skills development by providing funding for training programmes, and by making it easier for workers to access education and training opportunities; (ii) encourage innovation and entrepreneurship by providing funding for research and development, and by creating an environment that is conducive to business growth; (iii) facilitate labour market transitions by making it easier for workers to move between jobs and industries without losing their social protection entitlements, and by providing support for workers who are displaced by new technologies; (iv) strengthen social protection by expanding the coverage of unemployment benefits and other social protection benefits, and by providing support for workers who are retraining or transitioning to new jobs; (v) support investing in digital infrastructure to ensure that everyone has access to the tools they need to succeed in the digital economy; (vi) support workers in the transition to new jobs by providing retraining programs, job placement services, and other assistance; (vii) encourage dialogue between employers and workers to help identify challenges and opportunities, and to develop solutions that benefit both workers and businesses; or (viii) promote responsible innovation by establishing ethical guidelines for the development and use of new technologies in a way that benefits society and does not harm workers or the environment. In this respect, the Committee requests the Government to provide detailed information on the implementation of the 13th National Economic and Social Development Plan (2023–27) with respect to employment promotion, indicating also whether it intends to implement measures as those mentioned above. It also requests the Government to provide updated statistical data disaggregated by sex and age on the labour market situation, including trends in employment, unemployment and visible underemployment, as well as information on the size and distribution by sector of the informal economy.

Promoting transition from the informal to the formal economy. The Government indicates that it continues to promote formal employment, in accordance with the Transition from the Informal to the Formal Economy Recommendation, 2015 (No. 204), by extending access to social security benefits to workers in the informal economy and developing draft legislation to tackle this issue. The Committee notes with interest that the number of workers in the informal economy who are insured under section 40 of the Social Security Act (B.E. 2533 (1990)) increased every year during the 2017–21 period, from 2,432,927 in 2017, to 3,242,579 in 2019, and 10,664,848 insured persons in 2021. It also notes from the 13th National Economic and Social Development Plan (2023–27) that informal economy workers can opt into the voluntary retirement savings systems with government co-sponsored contributions as a way to ensure old-age income security. However, only around 35 per cent of workers in the informal economy opt for these systems, thereby demonstrating the limits of voluntary insurance as a mechanism to extend protection and reach universal social protection. With respect to the measures taken, the Government indicates that the Ministry of Labour established an action plan on informal worker management (2017–21), which resulted in the promotion and protection of 3,618,731 informal economy workers in 2021. In addition, 76 provincial informal worker coordination centres and 253 provincial community service units were established to provide assistance to informal economy workers. Moreover, the Ministry of Labour has established a working group for the National Promotion and Development of Informal Workers Act, which includes representatives from government, employers’ and workers’ organizations. The Government indicates that the Cabinet approved the draft bill in principle in December 2021 and the bill is moving towards adoption. The draft bill provides for the creation of a National Committee on the Promotion and Development of Informal Workers, which will develop strategies and measures for the informal economy, as well as consult with informal workers’ organizations.

The Committee welcomes this information and the recognition by the Government that employment policies play a significant role in promoting transitions from the informal to the formal economy by addressing the factors that drive individuals and enterprises to operate informally. As such, national best practices suggest that when properly designed and implemented, they can play a catalytic role in accelerating the transition from the informal to the formal economy, leading to more inclusive, productive, and resilient labour markets by creating an enabling environment that encourages formalization and by providing targeted support to facilitate the transition process. The Committee invites the Government to provide further information on specific measures taken to tackle the multiple challenges faced by workers in the informal economy, indicating in particular whether the measures taken or envisaged include some of the good practices in this regard: (i) reducing administrative burden and red-tape; (ii) strengthening and extending social protection as a means to incentivizing the enrolment of enterprises and their workers; (iii) promoting access to finance and business development services, including access to credit and training, as these are often lacking for informal enterprises; (iv) enhancing labour market placement and intermediation and skills development services; (v) raising awareness and promoting formalization; (vi) tailoring policies to specific sectors and occupations as the informal economy is not monolithic, and informalization patterns vary across sectors and occupations; (vii) promoting dialogue and collaboration among all relevant stakeholders for effective policy formulation and implementation; (viii) monitoring and evaluating policy impacts as this is crucial to assess policy effectiveness in promoting transitions from informality to formality. The Committee also requests the Government to continue to provide information, including disaggregated data, on the impact of the measures implemented to promote the transition to formal employment. In addition, noting with interest the considerable increase in the scope of persons covered by social protection, the Committee asks the Government to provide further information on the combination of measures the deployment of which was instrumental to such a positive outcome and to indicate how this extension of social protection was correlated to the objective of reaching decent, full, productive and freely chosen employment.

Older workers. The Government indicates that Thailand is becoming an ageing society which is a major demographic challenge. In response to such changes, the Government has given importance to the promotion of employment of older workers through various measures and programmes, which include the Promotion of Self-Employment of Older Workers, the District One (Folk) Wisdom Programme, measures by public employment services, and skills development training courses. The number of older persons (those 60 of age and older) gradually increased during the 2017–21 period, with 4.06 million in 2017, 4.23 million in 2019, and 4.88 million in 2021. Older men accounted for 2.78 million people in 2021 and older women accounted for 2.10 million. The majority of older workers were agricultural and fishing workers, totalling almost 3 million workers in 2021. In terms of employment services, the Committee notes from the report that there were 9,263 older jobseekers that applied for jobs through the Ministry of Labour’s Employment Service Centres from 2017 to 2021, and 9,076 obtained employment. In the same period, there were 43,609 older workers that received skills development training and 15,356 older persons participated in a self-employment programme.

The Committee observes that demographic shifts indeed present a number of challenges for employment policy, including in terms of skills shortages, age discrimination, or health and safety concerns. It notes that successful employment policies have tended to include a selection of measures to secure positive employment outcomes, such as: (i) promoting lifelong learning through training programs, financial assistance, and flexible learning options; (ii) ensuring equal employment opportunities by providing clear guidelines for employers, promoting awareness of age discrimination among workers, and establishing mechanisms for workers to report and challenge age discrimination; (iii) promoting workplace flexibility by encouraging employers to adopt flexible work arrangements, such as part-time work, telecommuting, and flexible hours; (iv) promoting workplace health and safety, including by providing appropriate training and equipment, and implementing ergonomic principles; (v) raising awareness of the benefits of an ageing workforce to reduce negative stereotypes about older workers and promoting a more inclusive workplace; and (vi) providing funding for training programs for older workers or offering tax benefits to employers who hire and retain older workers. Other successful measures in this respect include providing support for older workers who are starting their own businesses and conducting research and analysing data on the ageing workforce for informed policymaking. In view of the above elements and future demographic challenges related to an ageing society, the Committee requests the Government to provide information on the measures adopted, in consultation with the social partners, to address these labour market challenges. It also requests the Government to continue to include statistical data, disaggregated by sex and age, on the results of the measures taken to increase employment opportunities for older workers and reduce the barriers they may encounter in accessing, advancing and remaining in employment.

Promotion of women’s employment and prevention of discrimination. The Government indicates that Thailand continues to enforce the Gender Equality Act (B.E. 2558 (2015)) and promote non-discrimination in employment between women and men according to section 15 of the Labour Protection Act (B.E. 2541 (1998)). The Committee refers in this regard to its comments on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). The Government indicates that the implementation of women’s employment promotion activities and the prevention of discrimination include the promotion of breastfeeding areas in enterprises and the establishment of childcare centres in workplaces. From January to June 2022, 112 enterprises established breastfeeding areas. Statistical data on the impact of the measures taken to promote increased participation of women in the labour market show that the labour force participation rate of women varied from 59.38 to 60.07 per cent during the 2017–21 period, while it varied for men from 76.17 to 77.10 per cent during the same period. The Committee notes from the report that out of 29.58 million women aged 15 and over in 2021, only 17.65 million were employed (59.7 per cent).

The Committee notes that the inclusion of specific measures into national employment policies to promote women’s employment and prevent discrimination represents an important component of gender-sensitive and gender-responsive employment policies. Based on comparative good practices, these often include : (i) promoting flexible work arrangements so as to allow better work–life balance for both men and women; (ii) investing in women’s education and training by providing scholarships and financial aid, and by expanding the availability of vocational training programmes for women; (iii) addressing gender stereotypes and discrimination by implementing anti-discrimination laws and raising awareness of gender equality issues; (iv) promoting women’s entrepreneurship by providing funding and support for women-owned businesses, and by creating an environment that is conducive to business growth; (v) collecting and analysing gender-disaggregated data to inform policy decisions and interventions for understanding the challenges and opportunities facing women in the workplace; (vi) strengthening enforcement of labour laws by increasing the number of labour inspectors, and by raising awareness of workers’ rights; (vii) promoting a culture of gender equality in the workplace by providing training for employers and employees on gender equality issues, and by recognizing and rewarding businesses that promote gender equality; (viii) supporting women’s organizations and promoting women’s empowerment by providing funding and resources, and by creating an environment that is conducive to their work; and (ix) providing affordable and accessible childcare by securing funding for childcare subsidies and expanding the availability of childcare options, such as daycare centers and preschools. By reference to the above, the Committee requests the Government to provide information on the types of measures adopted at the national level to promote employment of women and to continue to provide information, including statistical data disaggregated by sex and age, on the impact of the measures taken to promote increased participation of women in the labour market at all levels, and to prevent discrimination in terms of employment. It also requests the Government to provide information on the consultations held with the social partners with respect to the measures adopted.

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

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

Small and medium-sized enterprises (SMEs). The Committee notes the Government’s indication that there are more than two million SMEs in Thailand, employing over 10 million people. The Government reports that promotion projects implemented under the 3rd SME Promotion Master Plan for 2012–16 contributed to an increase in the gross domestic product (GDP) of 59,442 million Thai baht (THB), representing a 0.43 per cent growth in the Thai economy. As of 2016, 173,435 SMEs had received in-depth capacity building support, exceeding by a vast margin the original target of 30,000 SMEs originally envisaged by the Master Plan. In addition, from 2012 to 2016, the number of registered SMEs increased to 312,141. In terms of business sustainability, the Government indicates that 292,956 SMEs remained in operation, representing 117.8 per cent of the target of 250,000 “sustainable” SMEs. The Committee takes note of the introduction of the Thai Labour Productivity Enhancement Programme which aims to improve business potential, boost competitiveness for Thai SME entrepreneurs and increase access to government services available to such entrepreneurs. The Government indicates that, during the period from 2013 to 2017, 73,536 workers and entrepreneurs received capacity-building training under the programme. The Committee notes that implementation of the programme continued in 2018 and that, as of June 2018, 59,502 workers had participated in training and programme-related activities. The Committee requests the Government to continue to provide detailed, up-to-date information on the nature and impact of the measures taken to generate employment through the promotion and support of sustainable small and medium-sized enterprises.

Skills development. During the period 2012–16, the Ministry of Labour, together with the Department of Skills Development, undertook a variety of skills development measures, including provision of training to improve labour productivity and support the development of the manufacturing, tourism and service industries in preparation for the social and economic integration of the Association of Southeast Asian Nations (ASEAN) community. The Committee notes that the number of workers receiving skills development training organized pursuant to the Skills Development Promotion Act, B.E. 2545, increased from 3,227,600 persons in 2013 to 3,809,648 persons in 2016. The Government indicates that the Fund for Skill Development and the training financed by the Fund constitute an incentive measure to encourage employers to organize skills development training activities for their workers in exchange for income tax exemption eligibility. Employers who meet the criteria are exempted from income taxes in an amount equivalent to the cost of the training. The exemption prompts employers to organize training activities on their own initiative. The Government indicates that, in 2017, 4,002,284 workers received skill development training aimed at meeting labour market needs and occupation-related demands. It adds that advanced technology skill development institutes have been established in key industrial areas across the country with the objective of preparing the labour force for working in the industries of the future. Since their establishment in 2017, these institutes have provided trainings to 39,148 workers; 16,140 of which have already been employed. The Committee notes that, despite these measures, Thai labour productivity increased only slightly, from THB228,471 per person in 2012 to THB253,624 per person in 2016, owing to the low level of education of the workforce. In this respect, the Government indicates that the current 12th Social and Economic Development Plan (2017–21) focuses on human resources development that will help enlarge the pool of people with advanced skill sets with the aim of responding more rapidly and effectively to market demands. The Government further reports that training on skill development seeks to improve the employability of persons belonging to targeted groups, including victims of natural disasters, recovered drug addicts, prisoners, young persons in detention centres, injured veterans, persons with disabilities, ethnic minorities, and those in informal employment. The Committee requests the Government to continue to provide information on the nature and impact of the skills development measures taken, particularly with regard to their impact on access to sustainable productive employment. The Committee further reiterates its request that the Government provide information on the manner in which the representatives of employers and workers participate in the development of vocational training programmes and measures.

Older workers. The Government indicates that it continues to strengthen its policy frameworks to enhance the promotion of employment opportunities among older persons. The Government reports that the Ministry of Labour amended article 11(3) of the Elderly Person Act B.E. 2546 (2003), to provide that older persons shall be protected and supported in their employment and have access to appropriate occupational training. In addition, the Ministry of Labour promulgated the Labour Protection Act (No. 6) B.E. 2560 (2018) to allow greater flexibility for older workers and provided legal clarity regarding their right to compensation after retirement. The Committee notes that, on 8 November 2016, the Cabinet of Thailand approved the “Aging Society Supporting Scheme”, a tax incentive programme to stimulate the employment of older persons. The Committee notes the information provided by the Government regarding the establishment of jobseeking registration and facilitation centres across the country for older persons. The Government reports that from 2015 to June 2018, 11,652 older persons registered with these centres and 3,636 secured employment. The Committee further notes the skill development programme introduced by the Government, with the aim of developing and enhancing the skills of older jobseekers. During the 2017 fiscal year, the Department of Skills Development organized training for 7,906 older persons. In addition, the older workers employment promotion campaign of the Department of Employment offers a range of programmes, including: the Employability Enhancement Programme, the Age and Experience-based Employment Promotion Programme, the Employment Promotion Programme in the Services and Tourism Sectors; and the District One (Folk) Wisdom Programme. The Committee requests the Government to communicate information, including statistical data disaggregated by sex and age, on the results of the measures taken to increase employment opportunities for older workers and reduce the barriers they may encounter in accessing, advancing and remaining in employment.

Rural workers. In response to the Committee’s previous request, the Government indicates that, under the 11th Social and Economic Development Plan (2012–16), it undertook the “Crisis Alleviation Programme: Emergency Employment Facilitation and Skill Development Services”. The Programme is tailored for specific area-based circumstances and demands and aims to facilitate employment and ensure continued income during periods of crisis. The Department of Skills Development also undertook programmes aimed at reducing income inequalities among different groups of people in different areas of the country and strengthening the grassroots economy, creating economic opportunities and enhancing competiveness for business operators of both SMEs and community enterprises. The Committee notes the three flagship trainings organized under the program to increase knowledge and expertise in new areas with the aim of broadening opportunities for employment: skills training to enhance employability; skills training to encourage self-employment and freelance activities; and skills training for special targeted groups, including the unemployed, disadvantaged groups and people with low incomes residing in rural areas. The Government indicates that, in 2016, a total of 31,150 persons participated in the programmes. The Department of Employment also launched an employment promotion outreach campaign entitled “Employment Strengthens Communities”, through which the Provincial Employment Offices across the country and Employment Promotion Mobile Units coordinated with local agencies and organizations to provide employment services such as: registration of jobseekers; employment and self-employment consultations; and recommendations on available and suitable financial resources. The Department of Employment also promoted employment for people in rural areas through its “Labour Force Preparation Programme”, which targets the unemployed, terminated workers, seasonal workers, victims of natural disasters and home workers who had previously been registered with the Department of Employment. During the period from 2015 to 2018, 10,351 people benefited from the programme. The Committee invites the Government to continue to provide detailed updated information on the measures taken or envisaged to promote the employment of rural workers.

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

Articles 1 and 2 of the Convention. Implementation of an active employment policy. Labour market trends. The Committee welcomes the detailed information communicated in the Government’s report and its annexes. In its previous comments, the Committee requested the Government to provide information on the implementation of the 11th National Plan of Social and Economic Development for 2012–16 (11th Plan) with respect to employment promotion, including its impact on national labour market trends. The Government reports that the 11th Plan supported workforce development in balance with labour market demands through proactive measures that respond to the changing environment of the labour market and technological advancements. During the implementation of the 11th Plan, Thailand’s services sector experienced continuous growth, particularly in tourism and related services. The Government indicates that the unemployment rate was 1.18 per cent in 2017 and that it increased, particularly in construction and manufacturing, partly due to the shift of workers from agricultural sector to non-agricultural sectors as a result of continuous drought during 2014–16. The Committee notes that, according to the Labour Force Survey (LFS) of the National Statistical Office, the unemployment rate declined to 0.9 per cent by the last quarter of 2018, while labour force participation reached 68.29 per cent. The Government refers to a series of employment promotion programmes implemented under the 11th Plan. In this respect, the Committee takes note of the establishment of Tri-Thep Centres for Improving Employment and Income Opportunities in 2013 to provide sustainable employment and lifelong career development, as well as the establishment of 87 Smart Job Centres nationwide in 2015, offering employment services as one-stop service centres. The Committee also notes that the Government established the M-Powered Thailand, an online career development website, and developed the Smart Labour Line Mobile Application to facilitate workers in digital age to access services provided. The Committee notes that 1,303,967 were employed through employment services provided during the period 2015–18, including 8,530 persons with disabilities. The Government promotes the employment for persons with disabilities pursuant to the Empowerment of Persons with Disabilities Act, B.E. 2550 (2007), and its amendment (No. 2) B.E. 2556 (2013). The Committee notes with interest the adoption of the 12th Social and Economic Development Plan (2017–21). The Committee requests the Government to communicate detailed information on the implementation of the 12th Social and Economic Development (2017–21) with respect to employment promotion. It also requests the Government to provide updated statistical data disaggregated by sex and age on the labour market situation, including trends in employment, unemployment and visible underemployment, as well as information on the size and distribution of the informal economy.

Article 3 of the Convention. Consultations with the social partners. The Committee notes the Government’s indication that tripartite consultations were held in relation to the development and adoption of the 11th Plan, as well as in relation to the draft development strategies incorporated into the “Labour Master Plan 2012–16”. In particular, comments received from the tripartite partners were subsequently incorporated into the draft to better reflect stakeholders’ perspectives and interests. The Government adds that the Ministry of Labour also held three public hearings to gather further inputs from stakeholders from four regions across the country. The comments and suggestions from the events were taken into account to improve the Plan, ensure its inclusivity and enhance its ability to respond to people’s needs and demands of the labour market. The Committee requests the Government to continue to provide information on the consultations held with the social partners with regard to the development and implementation of active employment policy measures under the 12th Plan.

Migrant workers. In response to the Committee’s previous comments, the Government reports that, recognising the enormous contributions that migrant workers make to the Thai economy and its society, it has implemented a variety of measures to ensure adequate protection of labour rights and decent livelihood for all migrant workers in Thailand and to help accelerate the regularization of undocumented workers to enable them to access public services, legal protection and grievance mechanisms. From March 2015 to March 2018, the Government organized one-stop registration services via 88 One-Stop Service Centres across the country. As of July 2018, there are 3,420,595 migrants permitted to work in Thailand. The Committee takes note of the temporary stay extension granted for migrants working without work permits. In this context, the Government emphasizes the importance of adhering to regular migration pathways established through memorandum of understanding agreements (MOU agreements) between Thailand and countries of origin, which help ensure that incoming workers will not fall victims of illegal employment, labour exploitation, and labour trafficking. The Government reviewed and amended existing MOU agreements, with the Governments of Laos, Myanmar and Cambodia to make labour migration through MOUs channels more straightforward and compelling enough to be used as the standard mechanism for bringing in migrant workers to limit the possibilities of labour exploitation and human trafficking. The Government has organized an integrated operation to combat labour trafficking and exploitation, inter alia, through the Command Centre of Prevention on Labour Trafficking (CCPL) and the Labour Trafficking Operation Centres in 76 provinces. The Ministry of Labour also put forward updated legal measures (The Royal Ordinance/Decree on the Management of Foreign Workers Employment B.E. 2560 and its amendment (No. 2) B.F. 2561 (2018)) to respond to the current situation in labour migration by increasing penalties to dissuade both workers and employers from potential wrongdoings and deter repeated violations. The Government refers to a series of measures specifically targeted to reducing vulnerability of migrant workers. The Ministry of Labour has increased the frequency of multidisciplinary inspections in order to prevent and suppress labour exploitation in high-risk establishments. Furthermore, with the Cabinet Resolution dated 26 July 2016, three post-arrival and reintegration centres have been established to provide orientation trainings for migrant workers entering for work in Thailand through MOU channels. Furthermore, the Committee notes the increased access to Government services through digital means, the introduction of a new web-based complaint channel “DOE help me” to allow complaint launching online and the Department of Employment’s Hotlines which comprise a convenient channel for Government information. The Ministry of Labour organized training courses for migrant workers and employers to raise awareness on their rights, duties, laws, regulations, tradition and culture. The Government indicates that migrant workers in Thailand have access to healthcare; either through the Social Security Fund or the Compulsory Migrant Health Insurance Scheme. The Government reports on a series of specific measures to protect fundamental rights of workers in the fishing industry. Because the majority of migrant workers employed in the fishing industry prior to 2014 were undocumented; therefore very vulnerable, the Government undertook multiple rounds of migrant fishers’ registration and renewals of fishers’ working status. The Government entered into negotiations with industry stakeholders to guarantee incentives for migrant fishers incoming under MOU arrangements, which were proven relatively successful as, in the first seven months of 2018, 2,151 migrants were recruited into fishing under MOUs. The Committee notes that the “Baseline research findings on fishers and seafood workers in Thailand, ILO 2018” emphasizes the importance of ensuring effective enforcement of the labour laws and other standards across multiple tiers of seafood supply chains, protecting workers and creating an industry level playing field. The Baseline suggests that the Thai Government and the Ministry of Labour should reorient the inspectorate to investigate, identify and punish violations of labour laws. The Committee notes that, in this regard, the Ministry of Labour has sought to make new tools available to inspectors and, from 2015 to 2016, collaborated with the ILO under different projects to provide trainings to officials to build capacity on labour inspection. The Government indicates that Port In – Port out Controlling Centres (PIPO) were established on 12 June 2015 to conduct fishing vessels inspections. Acknowledging that the rate of prosecutions nevertheless remained low, DLPW issued the Rules concerning Labour Inspection and Criminal Procedure against offences under the Ministerial Regulation on Labour Protection Sea Fishery Work (No. 2) B.E. 2561 effective from 15 July 2018. The Committee notes the establishment of a Fishermen’s Life Enhancement Centre (FLEC) with Stella Maris to improve the quality of life for workers in sea fishery and provides access to services and assistance for workers and victims of labour exploitation. The Committee also notes the establishment of Provincial Coordination Centres for Sea Fishery Workers in 22 provinces to encourage bringing in migrant workers through legal channels. Regarding overseas employment, the Government notes that in 2017 there were 168,438 Thai workers working overseas. The Ministry of Labour, through the Department of Employment provides overseas employment services for Thai workers as well as trainings and capacity building for workers in response to overseas labour market needs. The Ministry of Labour also implements projects, such as pre-departure orientation trainings, to assist and protect workers from falling victims of human trafficking and other forms of labour exploitation. The Committee notes that there are 13 overseas labour offices located in 12 countries which comprise a very important mechanism to ensure the protection of overseas Thai workers. The Committee requests the Government to continue to provide information on the impact of the measures implemented to address and resolve issues relating to migrant workers, especially those occupied in the fishing industry, including information on the labour violations identified in the supply chain, the sanctions imposed and the compensation awarded. It also requests the Government to continue to report on the measures taken or envisaged to prevent abuse and exploitation of migrant workers in Thailand.

Women. Prevention of discrimination. The Government indicates that women’s labour market participation rate stands at 60 per cent, but that women continue to face many cultural barriers to employment. The Government has taken a number of measures to increase women’s participation in the labour market. The Committee notes that the Ministry of Labour launched a nationwide promotional campaign for business establishments to dedicate an area as a “lactation corner” in 2006 and a promotional campaign for business establishments to create childcare centres in 2004. The Government indicates that the Ministry of Labour organizes International Women’s Day annually to raise awareness among government and social partners on the importance of women workers, decent work and workplace protection. The Committee takes note of the establishment of the Women’s Empowerment Fund on 23 June 2015, which provides financial support for activities aimed at empowering women. The Government indicates that it has developed and implemented legal mechanisms and procedures to prevent discrimination against women workers. The Committee notes the promulgation of the Gender Equality Act B.E. 2558 (2015) on 13 March 2015, which established the following mechanisms: the Gender Equality Promotion Committee (or the Sor-Tor-Por Committee), responsible for policymaking, determining measures, work plans and monitoring to ensure gender equality; the Committee on the Determination of Unfair Gender Discrimination; and the Gender Equality Promotion Fund, established to cover expenses used in promoting gender equality or to provide compensation for women, men, or LGBTQ persons who experience unfair treatment on the basis of their gender or sexual orientation. The Committee requests the Government to continue to provide information, including statistical data disaggregated by sex and age, on the impact of the measures taken to promote increased participation of women in the labour market at all levels, and to prevent discrimination in terms of employment.

Informal economy workers. The Government indicates that the number of informal workers in Thailand increased from 32.48 per cent in 2012 to 36.24 per cent in 2016. The Government indicates that social security and welfare coverage was extended under the 11th Social and Economic Development Plan, making it more inclusive and more easily accessible for informal workers. It adds that, as a consequence, the ratio of informal workers with access to social security benefits increased from 3.7 per cent in 2011, the last year of the 10th Plan, to 10.75 per cent at the end of the 11th Plan. The Committee also notes that skills development training provided under the Skills Development Promotion Act B.E. 2545, aims to improve the employability of persons belonging to target groups, including informal workers. The Committee requests the Government to supply information, including disaggregated data, on the impact of the measures implemented to promote the transition to formal employment and extend access to social security benefits to workers in the informal economy. Referring to the Transition from the Informal to the Formal Economy Recommendation, 2015 (No. 204), the Committee reiterates its request that the Government include information on the nature and impact of measures taken to facilitate the transition of informal workers from the informal economy to the formal labour market.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Small and medium-sized enterprises (SMEs). The Government indicates in its report that under the 2nd SME Promotion Master Plan for 2007–11 about 1,475,000 workers from SMEs were trained, nearly 123,000 SMEs participated in developing and enhancing their operational efficiency, 133 SMEs took part in the innovation for developing business, and 47 major infrastructure projects were developed to facilitate the operation of SMEs. The 3rd SME Promotion Master Plan for 2012–16 was formulated with five strategies, including building and strengthening the competitiveness of Thai SMEs. The Committee requests the Government to provide information on the results of the implementation of the 3rd SME Promotion Master Plan for 2012–16 in relation to employment promotion.

Skills development. The Government indicates that the Ministry of Labour implemented the Fund for Skill Development as a mechanism to encourage entrepreneurs to organize skill training for their workers. The Committee notes that the Department of Skill Development also promoted the participation of the representatives of employers and workers in vocational training mechanisms, including the National Board of Vocational Training Coordination and the Skill Development Promotion Committee. The Committee requests the Government to provide further information on the manner in which the representatives of employers and workers participate in the development of vocational training programmes and measures. It also requests the Government to include the information on the impact of the implementation of skills development measures on employment.

Older workers. The Government indicates that the Department of Employment initiated an activity to provide opportunities to older workers who have experience in vocational guidance and recruitment to work as job officers for jobseekers, as well as projects to provide training courses and to encourage employers to employ older workers. The Government adds that employment promotion for older workers still faces a number of barriers, including their health problems and a shortage of suitable jobs. The Committee requests the Government to provide information on the results of the measures taken to increase job opportunities for older workers and reduce employment barriers.

Rural workers. The Government indicates that the Project of Emergency Employment was conducted to promote employment and skill development of workers in the rural sector, in which the number of the participants decreased from about 108,000 in 2012 to 67,000 in 2014. Moreover, one of the development strategies of the 11th National Plan of Social and Economic Development for 2012–16 contains creating jobs and income security for farmers. The Committee requests the Government to provide information on the implementation of the 11th National Plan of Social Economic Development for 2012–16 with regard to the employment promotion of rural workers.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Articles 1, 2 and 3 of the Convention. Implementation of an active employment policy. Labour market trends. Consultation with the social partners. The Government indicates in its report that measures were implemented under the 11th National Plan of Social and Economic Development for 2012–16 aimed at developing the workforce to meet the labour market demands in the manufacturing and service sectors. The Committee requests the Government to provide further information on the implementation of the 11th National Plan of Social and Economic Development for 2012–16 with respect to employment promotion, including its impact on the labour market trends based on relevant statistical data. It also requests the Government to provide information on the consultations held with the social partners with regard to the implementation of the 11th National Plan of Social and Economic Development for 2012–16 and other matters covered by the Convention.

Migrant workers. The Government indicates that the National Council for Peace and Order (NCPO) established the One-Stop Service (OSS) Centres in 2014 to eradicate labour exploitation and human trafficking of migrant workers. Measures were also taken to reduce registration fees for migrant workers to obtain a work permit. The Committee notes that measures implemented in 2014 to address the labour exploitation in the fishing industry include encouraging employers to register their migrant fishery workers. Following the Cabinet Resolution of 6 November 2013, 12,624 migrant workers in the fishing industry were registered in 2013–14 and 58,508 migrant workers in the fishing industry were registered through the OSS Centres in 2014. The development strategies of the 11th National Plan of Social and Economic Development for 2012–16 include increasing regional labour mobility and protecting the rights of Thai workers abroad. The Government indicates that, in 2014, about 217,000 migrant workers were employed through the Memorandum of Understanding on Employment Cooperation, signed by Thailand, Cambodia, Lao People’s Democratic Republic and Myanmar. The Committee requests the Government to provide detailed information on the impact of the measures implemented to address and resolve issues relating to migrant workers, including new laws on labour protection and the fishing industry and related enforcement with due regard to their fundamental rights. Please also include the results obtained within the 11th National Plan of Social and Economic Development for 2012–16 to prevent abuse and exploitation of migrant workers in Thailand.

Women. Prevention of discrimination. The Government indicates that the Department of Employment organized career promotion activities for unemployed women and men by providing training courses on self-employment and entrepreneurship, in which women jobseekers participated roughly five times more than men jobseekers on average from 2007–11. The Committee requests the Government to provide information on the impact of the measures taken to promote increased participation of women in the labour market and to prevent discrimination in terms of employment, by including relevant statistical data.

Workers in the informal economy. The Committee notes that the 1st Strategy of the National Plan for Workers in Informal Economy Management for 2012–16 aimed to expand protection coverage and create social security for workers in the informal economy in 2012–13. In this regard, a policy was formulated to promote a saving scheme for older workers in the informal economy. A regulation issued by the Social Security Office of the Ministry of Labour expanded the benefits to larger target groups, such as farmers, drivers, shopkeepers and street vendors. Moreover, approximately 108,500 workers participated in activities for informal workers concerning health protection and economic security. The Committee also notes that the Department of Industrial Promotion adopted measures for employment promotion for informal workers in 2009–11, including a project to develop skills in entrepreneurship in which about 21,000 persons benefited and an activity to enhance the capacity of community industrial establishments in which 250 groups were engaged. The Government indicates that the Department of Employment organized in-house skill training sessions and disseminated labour market information as well as set up the Project of Treethep Job Centre as an integrated job centre for employment promotion and income upgrading for low-wage earners, new graduates and informal workers. The Committee requests the Government to continue to provide information on the impact of the measures implemented to promote employment and expand social security benefits for workers in the informal economy. Referring to the Transition from the Informal to the Formal Economy Recommendation, 2015 (No. 204), the Committee also requests the Government to include information on the impact of the measures taken to facilitate the transition of the workers from the informal economy to the formal labour market.

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

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

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous comments.

Repetition

The Committee invites the Government to provide updated information on the impact of the measures taken to promote full, productive, freely chosen and decent employment for vulnerable categories of workers, in particular for workers in the informal economy. Please also include information on the extent, trends and coverage of social security benefits for workers in the informal economy, as well as on the steps taken to coordinate active labour market measures with social security benefits.

Articles 1, 2 and 3 of the Convention. Coordination of employment policy with poverty reduction. Involvement of the social partners. The Committee asks the Government to include information on the results obtained in terms of employment generation concerning the Tenth National Economic and Social Development Plan and to provide details on the employment objectives formulated following the 2007–11 Plan. In this regard, the Committee stresses the importance of promoting and engaging in genuine tripartite consultations on the matters covered by the Convention. The Committee therefore asks the Government to include detailed information on the consultations held with the social partners to formulate and implement an active employment policy as required by Article 3 of the Convention.

Labour market and training policies. The Government indicated that the National Committee on Skills Development Coordination and Labour Development was set up under the authority of the Prime Minister. In 2010, the Department of Skills Development formulated a new strategy to take into account the impact of the global economic crisis. Furthermore, the Committee noted that the Government provides online labour market information. The NCTL expressed the view that the Skills Development Scheme does not respond to the needs of the labour market. The cooperation between skills development institutes and enterprises in implementing the measures should be taken into account. In its 2010 General Survey concerning employment instruments, the Committee emphasized the increasingly important role of the social partners and training institutions in defining human resources development strategies. The Committee requests the Government to indicate the manner in which the representatives of workers and employers have contributed to developing vocational training mechanisms, as well as how the coordination between training institutions has been strengthened. Please also indicate how skills development measures are coordinated with active labour market measures.

Women. Prevention of discrimination. The Government indicates that there is no discrimination towards women and that women have equal opportunities and market access. The Committee notes the statistical data disaggregated by gender provided by the Government in its report on the number of jobseekers registered with the Department of Employment who obtained jobs, as well as on the training courses provided. Referring to its 2011 comments on the Equal Remuneration Convention, 1951 (No. 100), the Committee requests the Government to clarify to what extent the data provided in its report on the Convention shows that the principle of non-discrimination is being implemented effectively in practice. It also invites the Government to continue to provide information on initiatives taken to promote increased participation of women in the labour market. Please provide further information, including statistics, on the effects of such initiatives in ensuring that there is freedom of choice of employment, and that each worker shall have the fullest possible opportunity to qualify for, and to use his or her skills in a job for which he or she is well suited in the conditions set out in Article 1(2)(c) of the Convention.

Migrant workers. The Government recognized in its report that it faces a challenge concerning migrant workers related to political, social, economic, health-care and national security issues. Having realized the difficulties that migrant workers face in terms of harassment from employers and employment agencies, including the threat of human trafficking, the Ministry of Labour carried out various measures to register migrant workers, especially illegal migrant workers, and to enhance the labour inspectorate for these workers. The Government mentions the Declaration of 3 August 2010 for dignity and work aimed to protect Thai workers working overseas and migrant workers working in Thailand and to prevent human trafficking, to reduce service fees and expenses on employment services and to take care of the families of the workers concerned. The Committee notes that NCTL expressed concerns about the practices and measures taken by the Government to tackle the difficulties concerning migrant workers. NCTL further indicates that an extensive number of unregistered alien workers, who do not possess any national identity certificates, are still remaining. Unregistered alien workers are unable to enjoy their rights with regard to access to labour protection and social security coverage, as required by Thai law and regulations. The Committee requests the Government to act expeditiously and to report in detail on the effective measures taken to address and resolve issues relating to migrant workers. It also requests the Government to provide information on the results obtained in the framework of an active employment policy to prevent abuse in the recruitment of foreign workers and the exploitation of migrant workers in Thailand, with due regard to their fundamental rights.

Older workers. The NCTL indicated that priority should be given to extend medical coverage, retirement savings and employment opportunities for older workers. The Committee invites the Government to include in its next report information concerning the measures taken or envisaged in order to better integrate older workers into the labour market.

Workers in the rural sector and the informal economy. The Government reports on the project for emergency employment and skills development to mitigate the suffering of people from economic crisis and natural disasters. Emergency employment includes hiring workers for public interest work like dredging canals and ditches and building dams. The Committee invites the Government to indicate how the emergency schemes implemented gave the opportunity for its beneficiaries to qualify for and use their skills in decent jobs for which they are well suited, as required by Article 1(2) of the Convention. In this respect, the Committee invites the Government to report on the quantity and quality of job opportunities for homeworkers, with special attention to the situation of women, and on the impact of the measures taken to reduce the decent work deficit for male and female workers in the informal economy and to facilitate their transition into the labour market.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 99th Session, June 2010)

The Committee notes with regret that the Government’s reports due in 2012 and 2013 have 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 2011 observation.

The Committee notes the replies provided by the Government in January 2011 containing information on the measures taken to promote employment for persons with disabilities, women in remote areas and workers in the informal economy. According to the data from the National Statistical Office, 24,300,000 workers, representing nearly half of the entire active labour force, were in the informal economy. The Committee notes that studies performed by two academic institutions have concluded that Thai workers in the informal economy definitively need benefits from the Social Security Fund. The Government refers again to the second SMEs Promotion Plan for 2007–11 among other measures to enhance the capacity of business and enterprises to tackle the global economic crisis. The Committee invites the Government to provide in its next report updated information on the impact of the measures taken to promote full, productive, freely chosen and decent employment for vulnerable categories of workers, in particular for workers in the informal economy. Please also include information on the extent, trends and coverage of social security benefits for workers in the informal economy, as well as on the steps taken to coordinate active labour market measures with social security benefits.

Articles 1, 2 and 3 of the Convention. Coordination of employment policy with poverty reduction. Involvement of the social partners. The Government recalls the three strategic objectives of the Tenth National Economic and Social Development Plan for 2007–11: development of human potential and social protection, sustainable restructuring of rural and urban development, and upgrading national competitiveness. Between October 2009 and September 2010, the Government provided some assistance to workers that were unemployed as a consequence of the global economic crisis. The Committee also notes that a Code of Practice to Promote the Labour Relations in the Economic Crisis was adopted by the social partners in 2008. In its contribution, received in February 2011, the National Congress of Thai Labour (NCTL) recalls that most Thai people have lived in poverty, and indicates that the disparity of income generation is rather high. NCTL asks the Government to formulate concrete policies and measures to alleviate income disparities. The Committee asks the Government to include in its next report information on the results obtained in terms of employment generation concerning the Tenth National Economic and Social Development Plan and to provide details on the employment objectives formulated following the 2007–11 Plan. In this regard, the Committee stresses the importance of promoting and engaging in genuine tripartite consultations on the matters covered by the Convention. The Committee therefore asks the Government to include in its next report detailed information on the consultations held with the social partners to formulate and implement an active employment policy as required by Article 3 of the Convention.

Labour market and training policies. The Government indicates that the National Committee on Skills Development Coordination and Labour Development was set up under the authority of the Prime Minister. In 2010, the Department of Skills Development formulated a new strategy to take into account the impact of the global economic crisis. Furthermore, the Committee notes that the Government provides online labour market information. The NCTL expressed the view that the Skills Development Scheme does not respond to the needs of the labour market. The cooperation between skills development institutes and enterprises in implementing the measures should be taken into account. In its 2010 General Survey concerning employment instruments, the Committee emphasized the increasingly important role of the social partners and training institutions in defining human resources development strategies. The Committee requests the Government to indicate in its next report the manner in which the representatives of workers and employers have contributed to developing vocational training mechanisms, as well as how the coordination between training institutions has been strengthened. Please also indicate how skills development measures are coordinated with active labour market measures.

Women. Prevention of discrimination. The Government indicates that there is no discrimination towards women and that women have equal opportunities and market access. The Committee notes the statistical data disaggregated by gender provided by the Government in its report on the number of jobseekers registered with the Department of Employment who obtained jobs, as well as on the training courses provided. Referring to its 2011 comments on the Equal Remuneration Convention, 1951 (No. 100), the Committee requests the Government to clarify to what extent the data provided in its report on the Convention shows that the principle of non-discrimination is being implemented effectively in practice. It also invites the Government to continue to provide information on initiatives taken to promote increased participation of women in the labour market. Please provide further information, including statistics, on the effects of such initiatives in ensuring that there is freedom of choice of employment, and that each worker shall have the fullest possible opportunity to qualify for, and to use his or her skills in a job for which he or she is well suited in the conditions set out in Article 1(2)(c) of the Convention.

Migrant workers. The Government recognized in its report that it faces a challenge concerning migrant workers related to political, social, economic, health-care and national security issues. Having realized the difficulties that migrant workers face in terms of harassment from employers and employment agencies, including the threat of human trafficking, the Ministry of Labour carried out various measures to register migrant workers, especially illegal migrant workers, and to enhance the labour inspectorate for these workers. The Government mentions the Declaration of 3 August 2010 for dignity and work aimed to protect Thai workers working overseas and migrant workers working in Thailand and to prevent human trafficking, to reduce service fees and expenses on employment services and to take care of the families of the workers concerned. The Committee notes that NCTL expressed concerns about the practices and measures taken by the Government to tackle the difficulties concerning migrant workers. NCTL further indicates that an extensive number of unregistered alien workers, who do not possess any national identity certificates, are still remaining. Unregistered alien workers are unable to enjoy their rights with regard to access to labour protection and social security coverage, as required by Thai law and regulations. The Committee requests the Government to act expeditiously and to report in detail on the effective measures taken to address and resolve issues relating to migrant workers. It also requests the Government to provide information on the results obtained in the framework of an active employment policy to prevent abuse in the recruitment of foreign workers and the exploitation of migrant workers in Thailand, with due regard to their fundamental rights.

Older workers. The NCTL indicated that priority should be given to extend medical coverage, retirement savings and employment opportunities for older workers. The Committee invites the Government to include in its next report information concerning the measures taken or envisaged in order to better integrate older workers into the labour market.

Workers in the rural sector and the informal economy. The Government reports on the project for emergency employment and skills development to mitigate the suffering of people from economic crisis and natural disasters. Emergency employment includes hiring workers for public interest work like dredging canals and ditches and building dams. The Committee invites the Government to indicate how the emergency schemes implemented gave the opportunity for its beneficiaries to qualify for and use their skills in decent jobs for which they are well suited, as required by Article 1(2) of the Convention. In this respect, the Committee invites the Government to report on the quantity and quality of job opportunities for homeworkers, with special attention to the situation of women, and on the impact of the measures taken to reduce the decent work deficit for male and female workers in the informal economy and to facilitate their transition into the labour market.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

The Committee notes that the Government’s report due in 2012 has not been received. It hopes that a report will be supplied for examination by the Committee at its next session in 2013 and that it will contain full information on the matters raised in its 2011 observation.

Repetition

Follow-up of the discussion at the 99th Session of the International Labour Conference (June 2010). In its 2011 observation, the Committee noted the replies provided by the Government containing information on the measures taken to promote employment for persons with disabilities, women in remote areas and workers in the informal economy. According to the data from the National Statistical Office, 24,300,000 workers, representing nearly half of the entire active labour force, were in the informal economy. The Committee also noted that studies performed by two academic institutions concluded that Thai workers in the informal economy definitively need benefits from the Social Security Fund. The Government referred to the second Small and Medium Enterprises Promotion Plan for 2007–11 among other measures to enhance the capacity of business and enterprises to tackle the global economic crisis. The Committee asks the Government to provide in its next report updated information on the impact of the measures taken to promote full, productive, freely chosen and decent employment for vulnerable categories of workers, in particular for workers in the informal economy. Please also include information on the extent, trends and coverage of social security benefits for workers in the informal economy, as well as on the steps taken to coordinate active labour market measures with social security benefits.

Articles 1, 2 and 3 of the Convention. Coordination of employment policy with poverty reduction. Involvement of the social partners. The Government recalled the three strategic objectives of the Tenth National Economic and Social Development Plan for 2007–11: development of human potential and social protection, sustainable restructuring of rural and urban development, and upgrading national competitiveness. Between October 2009 and September 2010, the Government provided some assistance to workers that were unemployed as a consequence of the global economic crisis. The Committee noted that a Code of Practice to Promote the Labour Relations in the Economic Crisis was adopted by the social partners in 2008. In its contribution received in February 2011, the National Congress of Thai Labour (NCTL) recalled that most Thai people have lived in poverty, and indicated that the disparity of income generation was rather high. The NCTL asked the Government to formulate concrete policies and measures to alleviate income disparities. The Committee asks the Government to include in its next report information on the results obtained in terms of employment generation concerning the Tenth National Economic and Social Development Plan and to provide details on the employment objectives formulated following the 2007–11 Plan, in addition to directions of the next national plan. In this regard, the Committee stresses the importance of promoting and engaging in genuine tripartite consultations on the matters covered by the Convention. The Committee therefore asks the Government to include in its next report detailed information on the consultations held with the social partners to formulate and implement an active employment policy as required by Article 3 of the Convention.

Labour market and training policies. The Government indicated that the National Committee on Skills Development Coordination and Labour Development was set up under the authority of the Prime Minister. In 2010, the Department of Skills Development formulated a new strategy to take into account the impact of the global economic crisis. Furthermore, the Committee noted that the Government provides online labour market information. The NCTL expressed the view that the skills development scheme does not respond to the needs of the labour market. The cooperation between skills development institutes and enterprises in implementing the measures should be taken into account. In its 2010 General Survey concerning employment instruments, the Committee emphasized the increasingly important role of the social partners and training institutions in defining human resources development strategies. The Committee requests the Government to indicate in its next report the manner in which the representatives of workers and employers have contributed to developing vocational training mechanisms, as well as how the coordination between training institutions has been strengthened. Please also indicate how skills development measures are coordinated with active labour market measures.

Women. Prevention of discrimination. The Government indicated that there is no discrimination towards women and that women have equal opportunities and market access. The Committee noted the statistical data disaggregated by gender provided by the Government in its report on the number of jobseekers registered with the Department of Employment who obtained jobs, as well as on the training courses provided. Referring to its comments on the Equal Remuneration Convention, 1951 (No. 100), the Committee requests the Government to clarify to what extent the data provided in its report on Convention No. 122 shows that the principle of non-discrimination is being implemented effectively in practice. It also invites the Government to continue to provide information on initiatives taken to promote increased participation of women in the labour market. Please provide further information, including statistics, on the effects of such initiatives in ensuring that there is freedom of choice of employment, and that each worker shall have the fullest possible opportunity to qualify for, and to use his or her skills in a job for which he or she is well suited in the conditions set out in Article 1(2)(c) of the Convention.

Migrant workers. The Government previously recognized that it faces a challenge concerning migrant workers related to political, social, economic, health care and national security issues. Having realized the difficulties that migrant workers face in terms of harassment from employers and employment agencies, including the threat of human trafficking, the Ministry of Labour carried out various measures to register migrant workers, especially illegal migrant workers, and to enhance the labour inspectorate for these workers. The Government mentioned the Declaration of 3 August 2010 for dignity and work aimed to protect Thai workers working overseas and migrant workers working in Thailand and to prevent human trafficking, to reduce service fees and expenses on employment services and to take care of the families of the workers concerned. The Committee noted that the NCTL expressed concerns about the practices and measures taken by the Government to tackle the difficulties concerning migrant workers. The NCTL further indicated that an extensive number of unregistered alien workers, who do not possess any national identity certificates, are still remaining. Unregistered alien workers are unable to enjoy their rights with regard to access to labour protection and social security coverage, as required by Thai law and regulations. The Committee requests the Government to act expeditiously and to report in detail on the effective measures taken to address and resolve issues relating to migrant workers, with due regard to gender sensitivity. It also requests the Government to provide information on the results obtained in the framework of an active employment policy to prevent abuse in the recruitment of foreign workers and the exploitation of migrant workers in Thailand, with due regard to their fundamental rights.

Older workers. The NCTL indicated that priority should be given to extend medical coverage, retirement savings and employment opportunities for older workers. The Committee invites the Government to include in its next report information concerning the measures taken or envisaged in order to better integrate older workers into the labour market.

Workers in the rural sector and the informal economy. The Government reported on the project for emergency employment and skills development to mitigate the suffering of people from economic crisis and natural disasters. Emergency employment includes hiring workers for public interest work like dredging canals and ditches and building dams. The Committee invites the Government to indicate how the emergency schemes implemented gave the opportunity for its beneficiaries to qualify for and use their skills in decent jobs for which they are well suited, as required by Article 1(2) of the Convention. In this respect, the Committee invites the Government to report on the quantity and quality of job opportunities for homeworkers, with special attention to the situation of women, and on the impact of the measures taken to reduce the decent work deficit for male and female workers in the informal economy and to facilitate their transition into the labour market, and to accord them adequate protection.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

Follow-up of the discussion at the 99th Session of the International Labour Conference (June 2010). The Committee notes the replies provided by the Government in January 2011 containing information on the measures taken to promote employment for persons with disabilities, women in remote areas and workers in the informal economy. According to the data from the National Statistical Office, 24,300,000 workers, representing nearly half of the entire active labour force, were in the informal economy. The Committee notes that studies performed by two academic institutions have concluded that Thai workers in the informal economy definitively need benefits from the Social Security Fund. The Government refers again to the second SMEs Promotion Plan for 2007–11 among other measures to enhance the capacity of business and enterprises to tackle the global economic crisis. The Committee invites the Government to provide in its next report updated information on the impact of the measures taken to promote full, productive, freely chosen and decent employment for vulnerable categories of workers, in particular for workers in the informal economy. Please also include information on the extent, trends and coverage of social security benefits for workers in the informal economy, as well as on the steps taken to coordinate active labour market measures with social security benefits.

Articles 1, 2 and 3 of the Convention. Coordination of employment policy with poverty reduction. Involvement of the social partners. The Government recalls the three strategic objectives of the Tenth National Economic and Social Development Plan for 2007–11: development of human potential and social protection, sustainable restructuring of rural and urban development, and upgrading national competitiveness. Between October 2009 and September 2010, the Government provided some assistance to workers that were unemployed as a consequence of the global economic crisis. The Committee also notes that a Code of Practice to Promote the Labour Relations in the Economic Crisis was adopted by the social partners in 2008. In its contribution, received in February 2011, the National Congress of Thai Labour (NCTL) recalls that most Thai people have lived in poverty, and indicates that the disparity of income generation is rather high. NCTL asks the Government to formulate concrete policies and measures to alleviate income disparities. The Committee asks the Government to include in its next report information on the results obtained in terms of employment generation concerning the Tenth National Economic and Social Development Plan and to provide details on the employment objectives formulated following the 2007–11 Plan. In this regard, the Committee stresses the importance of promoting and engaging in genuine tripartite consultations on the matters covered by the Convention. The Committee therefore asks the Government to include in its next report detailed information on the consultations held with the social partners to formulate and implement an active employment policy as required by Article 3 of the Convention.

Labour market and training policies. The Government indicates that the National Committee on Skills Development Coordination and Labour Development was set up under the authority of the Prime Minister. In 2010, the Department of Skills Development formulated a new strategy to take into account the impact of the global economic crisis. Furthermore, the Committee notes that the Government provides online labour market information. The NCTL expressed the view that the Skills Development Scheme does not respond to the needs of the labour market. The cooperation between skills development institutes and enterprises in implementing the measures should be taken into account. In its 2010 General Survey concerning employment instruments, the Committee emphasized the increasingly important role of the social partners and training institutions in defining human resources development strategies. The Committee requests the Government to indicate in its next report the manner in which the representatives of workers and employers have contributed to developing vocational training mechanisms, as well as how the coordination between training institutions has been strengthened. Please also indicate how skills development measures are coordinated with active labour market measures.

Women. Prevention of discrimination. The Government indicates that there is no discrimination towards women and that women have equal opportunities and market access. The Committee notes the statistical data disaggregated by gender provided by the Government in its report on the number of jobseekers registered with the Department of Employment who obtained jobs, as well as on the training courses provided. Referring to its 2011 comments on the Equal Remuneration Convention, 1951 (No. 100), the Committee requests the Government to clarify to what extent the data provided in its report on Convention No. 122 shows that the principle of non-discrimination is being implemented effectively in practice. It also invites the Government to continue to provide information on initiatives taken to promote increased participation of women in the labour market. Please provide further information, including statistics, on the effects of such initiatives in ensuring that there is freedom of choice of employment, and that each worker shall have the fullest possible opportunity to qualify for, and to use his or her skills in a job for which he or she is well suited in the conditions set out in Article 1(2)(c) of the Convention.

Migrant workers. The Government recognized in its report that it faces a challenge concerning migrant workers related to political, social, economic, health-care and national security issues. Having realized the difficulties that migrant workers face in terms of harassment from employers and employment agencies, including the threat of human trafficking, the Ministry of Labour carried out various measures to register migrant workers, especially illegal migrant workers, and to enhance the labour inspectorate for these workers. The Government mentions the Declaration of 3 August 2010 for dignity and work aimed to protect Thai workers working overseas and migrant workers working in Thailand and to prevent human trafficking, to reduce service fees and expenses on employment services and to take care of the families of the workers concerned. The Committee notes that NCTL expressed concerns about the practices and measures taken by the Government to tackle the difficulties concerning migrant workers. NCTL further indicates that an extensive number of unregistered alien workers, who do not possess any national identity certificates, are still remaining. Unregistered alien workers are unable to enjoy their rights with regard to access to labour protection and social security coverage, as required by Thai law and regulations. The Committee requests the Government to act expeditiously and to report in detail on the effective measures taken to address and resolve issues relating to migrant workers. It also requests the Government to provide information on the results obtained in the framework of an active employment policy to prevent abuse in the recruitment of foreign workers and the exploitation of migrant workers in Thailand, with due regard to their fundamental rights.

Older workers. The NCTL indicated that priority should be given to extend medical coverage, retirement savings and employment opportunities for older workers. The Committee invites the Government to include in its next report information concerning the measures taken or envisaged in order to better integrate older workers into the labour market.

Workers in the rural sector and the informal economy. The Government reports on the project for emergency employment and skills development to mitigate the suffering of people from economic crisis and natural disasters. Emergency employment includes hiring workers for public interest work like dredging canals and ditches and building dams. The Committee invites the Government to indicate how the emergency schemes implemented gave the opportunity for its beneficiaries to qualify for and use their skills in decent jobs for which they are well suited, as required by Article 1(2) of the Convention. In this respect, the Committee invites the Government to report on the quantity and quality of job opportunities for homeworkers, with special attention to the situation of women, and on the impact of the measures taken to reduce the decent work deficit for male and female workers in the informal economy and to facilitate their transition into the labour market.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The Committee notes that the Government has not provided any information on the application of the Convention since its last report received in April 2007. The Committee trusts that the Government will be able to provide a report including information in reply to the points raised in the Committee’s 2008 observation, which sets forth the following matters.

Articles 1 and 2 of the Convention. Employment policy and social protection. The Committee recalls that, as noted in its previous comments, an unemployment insurance scheme was launched in 2004. The Government’s report indicates that, between July 2004 and February 2007, out of a total of 403,403 persons registered under the scheme, 111,568 persons – representing 27 per cent of the beneficiaries were re-employed within six months following registration, and a remaining 722 persons were referred to further skills training. Research studies conducted during 2004–05 indicate that there are 15,500,000 workers in the informal economy that are not covered by any form of social protection. To address this, and as reflected in the Ninth National Economic and Social Development Plan (2002–06), workers from the informal economy receive benefits to the same extent as other insured persons upon registration. The Committee also notes a communication forwarded by the National Congress of Thai Labour in April 2007, which insists that there are many workers in the informal sector including the service industry as well as self-employed persons who are not covered by the social security system. In a communication received in October 2007, the Government indicates that concrete measures and plans will soon be introduced to better serve and protect workers in the informal economy. The Committee requests the Government to include in its next report information on the extent, terms and type of coverage reaching workers in the informal economy under the revised scheme as well as any other steps taken to coordinate the employment policy measures with unemployment benefits.

Coordination of employment policy with poverty reduction. The Committee notes that the Government established a policy on employment promotion to increase income, as shown by the priority given to three strategies in its development plan – development of human potential and social protection strategy, sustainable restructuring of rural and urban development strategy and upgrading national competitiveness strategy. The policies implemented under these strategies include job creation for self-employed persons as well as enabling small business ventures through skills training for unemployed persons and enhancing access to credit from cooperative funds. It also includes skills training to generate job opportunities in the informal sector, remote areas as well as to promote overseas employment. Furthermore, online labour market information systems have been set up to assist jobseekers. The Committee would appreciate receiving information on how the measures taken to promote employment under the three mentioned strategies operate within the framework of a coordinated economic and social policy. In this respect, the Ministry of Labour in cooperation with the Faculty of Economics of Chulalongkorn University, has conducted research on the impact of free trade agreements on labour in seven industrial sectors. According to these studies, labour standards are often compromised as a result of highly competitive practices associated with free trade agreements. The Ministry of Labour expects to improve the employment situation using the information and recommendations of research done in collaboration with the Faculty of Economics of Thammasat University. The Committee would welcome receiving information on labour market programmes implemented to match labour supply and demand.

Labour market and training policies. The Committee notes that the skills training offered by the Department of Skills Development (DSD) focuses on pre-employment training, upgrading training and retraining. Moreover, such programmes are designed based on the market needs. The DSD biannually surveys the needs of the public and private sectors at the provincial and national level and designs programmes accordingly. The Government’s report also provides that a quality assurance system was introduced in 2003 to ensure that skills development will be gradually expanded to cover all the regional institutes and provincial skill development centres by 2008. The Committee asks the Government to continue to provide information on the results achieved by the measures taken by the Ministry of Labour and the Ministry of Education to coordinate education and training policies with prospective employment opportunities.

Article 1, paragraph 2(c). Prevention of discrimination. Women. The Government indicates that employers were encouraged to appoint female labour advisers in their establishments. In addition, female workers have also been provided with equal opportunities to the same extent as male workers in accessing services of the DSD. In 2006, 102,990 trainees finished vocational skills training courses organized by the DSD; 100,141 were women, mostly employed in the clothing and textile industries and service sectors. The Ministry of Social Development and Human Security also provided courses for women and young female workers and to those at risk of being, or have been, laid off are unemployed or poor. In rural areas, a special project known as “Building New Life for Rural Women” has been organized with the aim of providing vocational training and increasing income. The Committee requests the Government to continue to provide detailed information in its next report on the impact of the measures adopted to ensure that progress is achieved in raising the participation rate of women in the labour market. Please also indicate the gender distribution of trainees in the training courses of the DSD.

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

Migrant workers. The Government indicates in its report that the registration of thousands of migrant workers has improved their situation. The Committee also notes the statistics for the period 2004–06 on the implementation of bilateral Memoranda of Understanding with neighbouring countries including Cambodia, Lao People’s Democratic Republic and Myanmar. It also notes the observation submitted by the National Congress of Thai Labour, which indicates that illegal foreign workers, especially from Myanmar, are increasing and are paid below minimum wage. In its reply, the Government indicates that irregular migrant workers tend to get lower wages than the minimum rates announced by the National Wages Committee because of their illegal status. On this important issue, the Committee refers again to the tripartite discussion that took place during the International Labour Conference in June 2006 on the application of the Convention by Thailand and asks the Government to continue to report in detail on the impact of the action taken within the framework of an active employment policy to prevent abuse in the recruitment of labour and the exploitation of migrant workers in Thailand.

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

Article 3. Consultations with representatives of the persons affected. The Committee notes that, in issuing policies on employment and labour protection, the Ministry of Labour has given opportunities for all parties concerned to participate. Draft copies of policies and regulations are open for public comment. In certain provinces, the Provincial Offices of Labour Protection and Welfare have collaborated with local government authorities, NGOs and foundations in order to access those migrant workers more easily and provide protection more efficiently. The Committee invites the Government to provide information in its next report on any recommendations made by the abovementioned mechanisms in relation to the formulation and implementation of employment measures.

[The Government is asked to reply in detail to the present comments in 2010.]

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes that the Government’s report has not been received. It must therefore repeat its 2007 observation, which read as follows:

1. Articles 1 and 2 of the Convention. Employment policy and social protection. The Committee recalls that, as noted in its previous comments, an unemployment insurance scheme was launched since 2004. The Government’s report indicates that, between July 2004 and February 2007, out of a total of 403,403 persons registered under the scheme, 111,568 persons – representing 27 per cent of the beneficiaries were re-employed within six months following registration, and a remaining 722 persons were referred to further skills training. Research studies conducted during 2004–05 indicate that there are 15,500,000 workers in the informal economy that are not covered by any form of social protection. To address this, the Government decided in September 2006 to review its policies and extend social security coverage to the informal sector. Consequently, as reflected in the Ninth National Economic and Social Development Plan (2002–06), workers from the informal economy receive benefits to the same extent as other insured persons upon registration. The Committee also notes a communication forwarded by the National Congress of Thai Labour in April 2007 which insists that there are many workers in the informal sector including the service industry as well as self-employed persons who are not covered by the social security system. In a communication received in October 2007, the Government indicates that concrete measures and plans will soon be introduced to better serve and protect workers in the informal economy. The Committee requests the Government to include in its next report information on the extent, terms and type of coverage reaching workers in the informal economy under the revised scheme as well as any other steps taken to coordinate the employment policy measures with unemployment benefits.

2. Coordination of employment policy with poverty reduction. The Committee notes that the Government established a policy on employment promotion to increase income, as shown by the priority given to three strategies in its development plan – development of human potential and social protection strategy, sustainable restructuring of rural and urban development strategy and upgrading national competitiveness strategy. The policies implemented under these strategies include job creation for self-employed persons as well as enabling small business ventures through skills training for unemployed persons and enhancing access to credit from cooperative funds. It also includes skills training to generate job opportunities in the informal sector, remote areas as well as to promote overseas employment. Furthermore, online labour market information systems have been set up to assist jobseekers. The Committee would appreciate receiving information on how the measures taken to promote employment under the three mentioned strategies operate within the “framework of a coordinated economic and social policy” (Article 2, paragraph (a), of the Convention). In this respect, the Ministry of Labour in cooperation with the Faculty of Economics of Chulalongkorn University, has conducted research on the impact of free trade agreements on labour in seven industrial sectors. According to these studies, labour standards are often compromised as a result of highly competitive practices associated with free trade agreements. The Ministry of Labour expects to improve the employment situation using the information and recommendations of research done in collaboration with the Faculty of Economics of Thammasat University. The Committee notes these initiatives with interest and would welcome receiving information on labour market programmes implemented to match labour supply and demand so as to ensure that the categories of workers affected by such structural transformations and changes in international trade can enter and remain in the labour market.

3. Labour market and training policies. The Committee notes that the skills training offered by the Department of Skills Development (DSD) focuses on pre‑employment training, upgrading training and retraining. Moreover, such programmes are designed based on the market needs. The DSD biannually surveys the needs of the public and private sectors at the provincial and national level and designs programmes accordingly. The Government’s report also provides that a quality assurance system was introduced in 2003 to ensure that skills development will be gradually expanded to cover all the regional institutes and provincial skill development centres by 2008. The Committee asks the Government to continue to provide information on the results achieved by the measures taken by the Ministry of Labour and the Ministry of Education to coordinate education and training policies with prospective employment opportunities.

4. Article 1, paragraph 2(c). Prevention of discrimination.

n      Women. The Government indicates that employers were encouraged to appoint female labour advisers in their establishments. In addition, female workers have also been provided with equal opportunities to the same extent as male workers in accessing services of the DSD. In 2006, 102,990 trainees finished vocational skills training courses organized by the DSD; 100,141 were women, mostly employed in the clothing and textile industries and service sectors. The Ministry of Social Development and Human Security also provided courses for women and young female workers and to those at risk of being, or have been, laid off are unemployed or poor. In rural areas, a special project known as “Building New Life for Rural Women” has been organized with the aim of providing vocational training and increasing income. The Committee requests the Government to continue to provide detailed information in its next report on the impact of the measures adopted to ensure that progress is achieved in raising the participation rate of women in the labour market. Please also indicate the gender distribution of trainees in the training courses of the DSD.

n      Persons with disabilities. According to the Government’s statistics, the relative number of persons with disabilities that have found job placements increased in 2006. Other interventions include providing vocational training courses for persons with disabilities; occupational development services to help those that have completed vocational training develop practical skills, as well as family and community welfare services to provide care and support for children with disabilities. The Committee would appreciate continuing to receive information on the impact of the training programmes for persons with disabilities, in particular, the number of people that completed the programme and were able to find employment in the open labour market.

n      Migrant workers. The Government indicates in its report that the registration of thousands of migrant workers has improved their situation. The Committee also notes the statistics for the period 2004–06 on the implementation of bilateral Memoranda of Understanding with neighbouring countries including Cambodia, Lao People’s Democratic Republic and Myanmar. It also notes the observation submitted by the National Congress of Thai Labour, which indicates that illegal foreign workers, especially from Myanmar, are increasing and are paid below minimum wage. In its reply, the Government indicates that irregular migrant workers tend to get lower wages than the minimum rates announced by the National Wages Committee because of their illegal status. On this important issue, the Committee refers again to the tripartite discussion that took place in June 2006 and asks the Government to continue to report in detail on the impact of the action taken within the framework of an active employment policy to prevent abuse in the recruitment of labour and the exploitation of migrant workers in Thailand (see Part X of the Employment Policy (Supplementary Provisions) Recommendation, 1984 (No. 169)).

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

5. Article 3. Consultations with representatives of the persons affected. The Committee notes that, in issuing policies on employment and labour protection, the Ministry of Labour has given opportunities for all parties concerned to participate. Draft copies of policies and regulations are open for public comment. In certain provinces, the Provincial Offices of Labour Protection and Welfare have collaborated with local government authorities, NGOs and foundations in order to access those migrant workers more easily and provide protection more efficiently. The Committee invites the Government to provide information in its next report on any recommendations made by the abovementioned mechanisms in relation to the formulation and implementation of employment measures.

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

1. The Committee notes the information provided by the Government in April 2007, in reply to its previous observations.

2. Articles 1 and 2 of the Convention. Employment policy and social protection. The Committee recalls that, as noted in its previous comments, an unemployment insurance scheme was launched since 2004. The Government’s report indicates that, between July 2004 and February 2007, out of a total of 403,403 persons registered under the scheme, 111,568 persons – representing 27 per cent of the beneficiaries were re-employed within six months following registration, and a remaining 722 persons were referred to further skills training. Research studies conducted during 2004–05 indicate that there are 15,500,000 workers in the informal economy that are not covered by any form of social protection. To address this, the Government decided in September 2006 to review its policies and extend social security coverage to the informal sector. Consequently, as reflected in the Ninth National Economic and Social Development Plan (2002–06), workers from the informal economy receive benefits to the same extent as other insured persons upon registration. The Committee also notes a communication forwarded by the National Congress of Thai Labour in April 2007 which insists that there are many workers in the informal sector including the service industry as well as self-employed persons who are not covered by the social security system. In a communication received in October 2007, the Government indicates that concrete measures and plans will soon be introduced to better serve and protect workers in the informal economy. The Committee requests the Government to include in its next report information on the extent, terms and type of coverage reaching workers in the informal economy under the revised scheme as well as any other steps taken to coordinate the employment policy measures with unemployment benefits.

3. Coordination of employment policy with poverty reduction. The Committee notes that the Government established a policy on employment promotion to increase income, as shown by the priority given to three strategies in its development plan – development of human potential and social protection strategy, sustainable restructuring of rural and urban development strategy and upgrading national competitiveness strategy. The policies implemented under these strategies include job creation for self-employed persons as well as enabling small business ventures through skills training for unemployed persons and enhancing access to credit from cooperative funds. It also includes skills training to generate job opportunities in the informal sector, remote areas as well as to promote overseas employment. Furthermore, online labour market information systems have been set up to assist jobseekers. The Committee would appreciate receiving information on how the measures taken to promote employment under the three mentioned strategies operate within the “framework of a coordinated economic and social policy” (Article 2, paragraph (a), of the Convention). In this respect, the Ministry of Labour in cooperation with the Faculty of Economics of Chulalongkorn University, has conducted research on the impact of free trade agreements on labour in seven industrial sectors. According to these studies, labour standards are often compromised as a result of highly competitive practices associated with free trade agreements. The Ministry of Labour expects to improve the employment situation using the information and recommendations of research done in collaboration with the Faculty of Economics of Thammasat University. The Committee notes these initiatives with interest and would welcome receiving information on labour market programmes implemented to match labour supply and demand so as to ensure that the categories of workers affected by such structural transformations and changes in international trade can enter and remain in the labour market.

4. Labour market and training policies. The Committee notes that the skills training offered by the Department of Skills Development (DSD) focuses on pre‑employment training, upgrading training and retraining. Moreover, such programmes are designed based on the market needs. The DSD biannually surveys the needs of the public and private sectors at the provincial and national level and designs programmes accordingly. The Government’s report also provides that a quality assurance system was introduced in 2003 to ensure that skills development will be gradually expanded to cover all the regional institutes and provincial skill development centres by 2008. The Committee asks the Government to continue to provide information on the results achieved by the measures taken by the Ministry of Labour and the Ministry of Education to coordinate education and training policies with prospective employment opportunities.

5. Article 1, paragraph 2(c). Prevention of discrimination.

n      Women. The Government indicates that employers were encouraged to appoint female labour advisers in their establishments. In addition, female workers have also been provided with equal opportunities to the same extent as male workers in accessing services of the DSD. In 2006, 102,990 trainees finished vocational skills training courses organized by the DSD; 100,141 were women, mostly employed in the clothing and textile industries and service sectors. The Ministry of Social Development and Human Security also provided courses for women and young female workers and to those at risk of being, or have been, laid off are unemployed or poor. In rural areas, a special project known as “Building New Life for Rural Women” has been organized with the aim of providing vocational training and increasing income. The Committee requests the Government to continue to provide detailed information in its next report on the impact of the measures adopted to ensure that progress is achieved in raising the participation rate of women in the labour market. Please also indicate the gender distribution of trainees in the training courses of the DSD.

n      Persons with disabilities. According to the Government’s statistics, the relative number of persons with disabilities that have found job placements increased in 2006. Other interventions include providing vocational training courses for persons with disabilities; occupational development services to help those that have completed vocational training develop practical skills, as well as family and community welfare services to provide care and support for children with disabilities. The Committee would appreciate continuing to receive information on the impact of the training programmes for persons with disabilities, in particular, the number of people that completed the programme and were able to find employment in the open labour market.

n      Migrant workers. The Government indicates in its report that the registration of thousands of migrant workers has improved their situation. The Committee also notes the statistics for the period 2004–06 on the implementation of bilateral Memoranda of Understanding with neighbouring countries including Cambodia, Lao People’s Democratic Republic and Myanmar. It also notes the observation submitted by the National Congress of Thai Labour, which indicates that illegal foreign workers, especially from Myanmar, are increasing and are paid below minimum wage. In its reply, the Government indicates that irregular migrant workers tend to get lower wages than the minimum rates announced by the National Wages Committee because of their illegal status. On this important issue, the Committee refers again to the tripartite discussion that took place in June 2006 and asks the Government to continue to report in detail on the impact of the action taken within the framework of an active employment policy to prevent abuse in the recruitment of labour and the exploitation of migrant workers in Thailand (see Part X of the Employment Policy (Supplementary Provisions) Recommendation, 1984 (No. 169)).

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

6. Article 3. Consultations with representatives of the persons affected. The Committee notes that, in issuing policies on employment and labour protection, the Ministry of Labour has given opportunities for all parties concerned to participate. Draft copies of policies and regulations are open for public comment. In certain provinces, the Provincial Offices of Labour Protection and Welfare have collaborated with local government authorities, NGOs and foundations in order to access those migrant workers more easily and provide protection more efficiently. The Committee invites the Government to provide information in its next report on any recommendations made by the abovementioned mechanisms in relation to the formulation and implementation of employment measures.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the tripartite discussion that took place in June 2006 in the Conference Committee on the application of this Convention. The Government provided information to the Conference Committee on the most recent labour market trends, including the measures taken with a view to promoting employment, skills development and social protection. The Committee notes the concerns expressed with regard to the opportunities for women workers, workers with disabilities and workers in the rural sector and the informal economy to obtain and retain jobs and on the promotion of equal access to education, training and employment. It was emphasized that it is necessary to act within the framework of an active employment policy to promote the effective integration of migrant workers and to prevent cases of abuse or exploitation. The Conference Committee invited the Government to provide a detailed report on the matters raised during the discussion in the Conference Committee and by the Committee of Experts in its 2005 observation. The Committee of Experts notes that the Government’s report, which was due to be provided by September 2006, has not been received. It is therefore bound to refer to the tripartite discussion that took place in June 2006 and repeat the main points raised in its previous comments.

1. Employment policy and social protection. In its 2002 direct request, the Committee encouraged the Government to follow an integrated approach to social protection and employment promotion and requested the Government to report on the implementation of unemployment benefits as a complement to its employment policies. The Committee notes with interest that the Government began collecting contributions for unemployment insurance on 1 January 2004 and issuing benefit payments on 1 July 2004. The Committee understands that the National Health Office has introduced a universal health-care scheme and that the Social Security Office is considering the extension of social security to the population that is not covered. The Committee hopes that the Government will continue to report on the progress achieved in extending adequate social protection to the entire population and the steps taken to coordinate its employment policy with the unemployment benefit system.

2. Coordination of employment policy with poverty reduction. The Committee once again requests the Government to provide information on the results achieved through the implementation of the measures adopted under the Ninth National Economic and Social Development Plan (2002-06), including information on the situation of socially vulnerable groups, such as workers in the rural sector and the informal economy. In this regard, the Committee emphasizes the need for measures to ensure that employment, as a key element of poverty reduction, is at the heart of macroeconomic and social policies. It would appreciate detailed statistics on labour market trends and further information on the extent to which economic growth is leading to an improved labour market and a reduction in poverty levels. The Committee would also appreciate receiving information on how the measures taken to promote employment operate within the “framework of a coordinated economic and social policy” (Article 2, paragraph (a), of the Convention). Please indicate how concerns to improve the quantity and quality of employment are taken into account in economic policies, such as bilateral and multilateral trade agreements on employment.

3. Labour market and training policies. The Committee noted previously that the Department of Employment, the Department of Skills Development and the Ministry of Education have implemented vocational training programmes for students, women in poor regions or from religious minority groups, persons with disabilities and other categories of unemployed persons. The Committee would appreciate being informed of the results of the various training programmes and the measures taken to ensure that the skills acquired through training programmes meet the demands of the labour market. It would appreciate information on how the various government departments are coordinating employment, labour market and training policies. The Committee refers, in this respect, to the provisions of the Human Resources Development Convention, 1975 (No. 142), and of the Human Resources Development Recommendation, 2004 (No. 195).

4. Prevention of discrimination (Article 1, paragraph 2(c)).

–      Women. The Committee asks the Government to provide updated information on the efforts made to monitor the opportunities for women workers to obtain and retain jobs and to promote equal access to education, training and employment.

–      Persons with disabilities. The Committee would appreciate receiving indications on the progress achieved in integrating persons with disabilities into the open labour market.

–      Migrant workers. On this particular issue, the Committee refers to the tripartite discussion that took place in June 2006 and asks the Government to report in detail on the action taken within the framework of an active employment policy to prevent abuse in the recruitment of labour and the exploitation of migrant workers in Thailand (see Part X of the Employment Policy (Supplementary Provisions) Recommendation, 1984 (No. 169)).

–      Workers in the rural sector and the informal economy. The Committee would appreciate receiving further information on the measures taken to increase employment opportunities and to improve working conditions for those in the rural sector and the informal economy.

5. Consultation of representatives of the persons affected. Like the Conference Committee, the Committee of Experts urges the Government to give more weight to the viewpoints of the social partners and to provide assurances that consultations will be held in good faith. It is the Committee’s view that governments and the representative organizations of employers and workers share responsibility for ensuring that representatives of marginalized sectors of the active population play a meaningful part in the formulation and implementation of policies of which they are the prime beneficiaries (paragraph 493 of the General Survey of 2004 on promoting employment). It accordingly requests the Government to provide information on tripartite consultations on employment policies, and to indicate the measures taken or envisaged to ensure that representatives of the rural sector and the informal economy also participate in such consultations. With respect to migrant workers, the Committee asks the Government to provide information on the involvement of employers’ and workers’ representatives, including representatives of migrant workers, in the development and implementation of measures relating to migration. It also encourages the Government to inform both employers and workers of government policies and labour standards protecting the rights of migrant workers.

[The Government is asked to reply in detail to the present comments in 2007.]

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the information provided by the Government in its report received in November 2004. The ILO Subregional Office in Bangkok has also brought to the Committee’s attention additional information concerning the application of the Convention.

1. Employment policy and social protection. In its 2002 direct request, the Committee encouraged the Government to follow an integrated approach to social protection and employment promotion and requested the Government to report on the implementation of unemployment benefits as a complement to its employment policies. The Committee notes with interest that the Government began collecting contributions for unemployment insurance on 1 January 2004 and issuing benefit payments on 1 July 2004. The Committee understands that the National Health Office has introduced a universal health-care scheme and that the Social Security Office is considering the extension of social security to the non-covered population. The Committee welcomes these developments and hopes that the Government will continue to report on the progress of extending adequate social protection to the entire population and the steps taken to coordinate its employment policy with the unemployment benefit system.

2. Coordination of employment policy with poverty reduction. The Committee notes with interest that the number of people in poverty has been decreasing since the period of financial crisis in 1997 from 8.9 million in 2000 to 6.2 million in 2002. The Government indicates that its objective is to eradicate poverty by 2009 by increasing income, reducing expenses and expanding opportunities. The Government has set up the National Centre to Fight against Poverty and the Subcommittee on Occupation and Employment Promotion, which is chaired by the Deputy Prime Minister. The Committee also notes that, although the number of poor has decreased, the share of income of the poorest quintile has remained at 4 per cent over the past decade. The Committee asks the Government to provide information on the results achieved with the implementation of the measures under the Ninth National Economic and Social Development Plan (2002-06), including information on the situation of socially vulnerable groups, such as workers in the rural sector and the informal economy. In this regard, the Committee stresses the need for measures ensuring that employment, as a key element of poverty reduction, is at the heart of macroeconomic and social policies. It would appreciate detailed statistics on labour market trends and further information on the extent to which economic growth leads to an improved labour market and reduction in poverty levels. The Committee would also appreciate receiving information on how measures taken to promote employment operate within a "framework of a coordinated economic and social policy" (Article 2, paragraph (a), of the Convention). Please indicate how concerns to improve the quantity and quality of employment are taken into account in economic policies, such as bilateral and multilateral trade agreements on employment.

3. Labour market and training policies. The Committee notes that the Department of Employment, the Department of Skill Development, and the Ministry of Education have implemented vocational training programmes to students, women in poor regions or from religious minority groups, persons with disabilities and other categories of unemployed peoples. The Ministry of Social Development and Human Security oversees labour policies related to trafficking, disadvantaged workers and persons with disabilities; yet other socially vulnerable groups, such as home and rural workers, are protected by ministerial regulations issued by the Ministry of Labour. The Committee notes the progress achieved through these various measures; for example, the Subcommittee’s Roadmap for Employment Promotion has already yielded results with respect to youth employment. The Committee would appreciate being informed of the results of the various training programmes and the measures taken to ensure that skills acquired under the training programmes meet the demands of the labour market. It would appreciate information on how the various governmental departments are coordinating employment, labour market and training policies. The Committee refers to the provisions of the Human Resources Development Convention, 1975 (No. 142), and of the recently adopted Human Resources Development Recommendation, 2004 (No. 195).

4. Prevention of discrimination (Article 1, paragraph 2(c)).

-  Women. The Government states that section 38 of the Labour Protection Act of 1998 and Ministerial Regulation No. 2, which proscribes employers from requiring women workers to engage in specified harmful work, were designed with the purpose to provide special protection to women workers and not to discriminate based on sex. The Committee notes that, in 2004, labour force participation rates in Thailand were lower for women (65.1 per cent) than for men (81.8 per cent). Women remain over-represented in financially unstable work such as homework, agriculture and manufacturing. The Committee asks the Government to provide updated information on the efforts to monitor the opportunities of women workers to obtain and retain jobs and to promote equal access to education, training and employment.

-  Persons with disabilities. The Committee notes that persons with disabilities accounted for 1.8 per cent of the population or 1.1 million people in 2001 and received two-thirds of the income earned by other workers. The Committee understands that people registered with a disability (357,753 in 2003) are entitled to some state assistance and that the Government is revising the Rehabilitation of Disabled Persons Act. It would appreciate receiving indications on the progress of integrating persons with disabilities in the open labour market.

-  Migrant workers. In its last report, the Government expressed concern regarding the protection of regular and irregular workers and the prevalence of trafficking in persons. In order to regulate the flow of migrant workers in its efforts to provide them with protection, the Government has signed bilateral Memorandums of Understanding with neighbouring countries including Cambodia, Lao People’s Democratic Republic and Myanmar. The Committee understands that, in July 2004, about 1.28 million people were registered as foreign migrant workers and were given permission to work, seek employment or stay as dependents in Thailand until 30 June 2005. Some 800,000 workers obtained work permits. It asks the Government to continue to report on the action taken within the framework of an active employment policy to prevent abuse in the recruitment of labour and the exploitation of migrant workers in Thailand (see Part X of the Employment Policy (Supplementary Provisions) Recommendation, 1984 (No. 169)).

-  Workers in the rural sector and the informal economy. The Committee notes with interest that the Government is cooperating with the Office in the Informal Economy Project with a view to provide workers in this sector greater protection. The Department of Employment has organized vocational guidance in villages, and training is provided to homeworkers in order to increase their productivity and safeguard their occupational safety and health. The Committee notes that a special ministerial regulation for the protection of homeworkers and a ministerial regulation on the protection of workers in the agricultural sector were adopted in 2004. It would appreciate receiving further information on the measures taken to increase employment opportunities and to improve working conditions for those in the rural sector and the informal economy.

5. Consultation of representatives of the persons affected. The Committee notes the satisfaction expressed by the National Congress of Thai Labour (NCTL) regarding the overall performance of the Ministry of Labour. The Committee further notes that the Government has taken into account the recommendation made by the National Labour Advisory Development Council in formulating and implementing employment policies, in particular, the unemployment insurance scheme mentioned previously. However, the NCTL indicates that consultations held in the tripartite bodies concerned with skills development policy lack practical effect. The NCTL invites the Government to give more weight to the viewpoints of the social partners and to provide assurance that consultations will be taken in good faith. It is the Committee’s view that governments and representative organizations of employers and workers share responsibility for ensuring that representatives of marginalized sectors of the active population have a meaningful part in the formulation and implementation of policies of which they are the prime beneficiaries (paragraph 493 of the General Survey of 2004 on promoting employment). It accordingly requests the Government to provide information on tripartite consultations dealing with employment policies, and to indicate the measures taken or envisaged to ensure that representatives of the rural sector and the informal economy are likewise part of such consultations. With respect to migrant workers, the Committee asks the Government to provide information on the involvement of employers’ and workers’ representatives, including representatives of migrant workers, in the development and implementation of migration measures. It also encourages the Government to inform both employers and workers of government policies and labour standards protecting the rights of migrant workers.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

1. The Committee notes the detailed information supplied by the Government in September 2002 in reply to its 2000 direct request. The Committee has also benefited from supplementary information provided by the ILO subregional office in Bangkok.

2. Articles 1 and 2 of the Convention. The Committee notes that since the 1997 financial crisis, GDP grew at around 3.5 per cent per annum during 1999-2001, and as of the first half of 2002 is still rebounding. During 1999-2000, the unemployed rate decreased from 5.3 per cent (in the second quarter of 1999) to 2.4 per cent (in the third quarter of 2000). According to the data made available by the Labour Force Survey of the National Statistical Office, from a peak of 4.8 per cent in the first quarter of 2001, the unemployment rate could stabilize at approximately 3 per cent in 2002. The Government indicates in its report that industrial sector exports were accelerated in order to increase receipts in foreign currencies: employment has increased more in the industrial sector than in other sectors from 14.9 per cent in 1996 to 17.7 per cent in 2001. The trend away from paid employment in the formal sector began before the Asian crisis, and there are indications that even now atypical work is increasing. The Committee would appreciate continuing to receive information on the situation, level and trends of employment, unemployment and underemployment, both in aggregate and as they affect particular vulnerable categories of workers such as young persons, older workers, disabled workers and migrant workers. Please also describe the principal measures taken in the fields of investment policy, fiscal and monetary policies; trade policy; prices, incomes and wage policies, and their impact on employment creation.

3. The Committee notes that the Department of Employment has received a grant from the World Bank in order to improve the labour market information system. It would be grateful if the Government would further describe how the data collected have been used as a basis for deciding employment policy measures. The Committee recalls that the report form for the Convention requires, in relation with Article 2, a description of how the principal measures of employment policy are decided and kept under review within the framework of a coordinated economic and social policy.

4. In this regard, the Committee notes that the collection of contributions for unemployment benefit, prescribed in section 73(7) of the Social Security Act (B.E. 2533) of 1990, has not yet been initiated. In 1998, the ILO conducted a feasibility study for the Social Security Office and in 2001 the Japan International Cooperation Agency extended the assistance to produce the basic actuarial programme for projecting an appropriate model, regulations and conditions for introducing unemployment insurance. The Government also indicates that the representatives of trade unions have continuously urged introducing the unemployment insurance scheme. The Committee emphasizes the crucial social and economic interrelationship between employment and social protection, in particular for those hardest hit by volatility in financial, commodity and other markets. It has stressed in its general comments on the application of the Convention that adequate safety nets fulfil a vital social function (see paragraphs 53 and 149-151, respectively, in the 2000 and 2001 General Reports). The Committee strongly encourages the Government to follow an integrated approach to social protection and employment promotion, and asks that it include in its next report information on the measures taken to implement unemployment benefit as a complement to its employment policy measures.

5. The Committee notes the indications contained in the Government’s report to the effect that employment policies have been integrated in the Ninth Economic and Social Development Plan, seeking in particular to upgrade the labour force skills and readiness to meet changing production structures and technologies. The Committee would welcome data on the actual results of the measures taken with a view to coordinating education and training policies with prospective employment opportunities. The Committee refers the Government to the provisions of the Human Resources Development Convention, 1975 (No. 142), in this regard.

6. The Committee notes with interest the study conducted by the Office with the support of the national authorities on the Gender Dimension of Skills Development in Vocational Training in Thailand that reviewed skills development programmes provided in seven provinces. Another study on gender equality and decent work in Thailand, prepared under a joint regional technical assistance project of the ILO and the Asian Development Bank, has shown that women in Thailand are disadvantaged in the labour market. While women and men have almost the same access to all levels of education except for vocational education, there is gender stereotyping at the tertiary level. Women’s employment experience is further disadvantaged by occupational training that remains concentrated in traditional fields that limit opportunities for employment and promotion. The Committee asks the Government to include in its next report information on the action taken to promote the employment and employability of women, rural residents and other disadvantaged groups.

7. Article 1, paragraph 2(c). In reply to its previous comments, the Government indicates that, section 38 of the Labour Protection Act (B.E. 2541) lists the types of harmful work that an employer shall not require of a female employee and that Ministerial Regulation No. 2 specifies the types of works that may be harmful to the health and safety of an employee. The Committee asks the Government to continue to provide information on the measures taken in order to ensure the fullest possible opportunity for each worker to qualify for and to use her or his skills and endowments in a job for which she or he is well suited, without discrimination.

8. The Committee notes the study conducted by HomeNet Thailand with the support of the ILO subregional office, Impact of the economic crisis on homeworkers in Thailand, on the conditions of work and problems faced by homeworkers producing artificial flowers and ready-made garments, a sector of the informal economy that is dominated by women workers. It requests that the Government’s next report contain indications on measures envisaged in order to provide access for undertakings in the informal economy to resources, product markets, credit, infrastructure, training facilities, technical expertise and improved technologies (see Paragraph 28 of the Employment Policy (Supplementary Provisions) Recommendation, 1984 (No. 169), and the conclusions adopted by the Conference at its 90th Session (June 2002) concerning decent work and the informal economy).

9. The Government indicates in its report that more skill training, soft loans and information on employment regulations in foreign countries, consistent with the needs of foreign labour markets should be provided for Thai workers, particularly those in service industries. The Committee would be grateful if the Government would include in its next report information on management of migration flows. Please also specify the action taken to prevent abuse in the recruitment of labour for work abroad and to prevent exploitation of migrant workers in Thailand (see, in particular, Paragraph 43 in Part X of Recommendation No. 169).

10. Article 3. The Government states that it has always accorded due heed to the recommendations made by the National Labour Advisory Development Council and has taken them into account in the process of tripartite consultations to explore the appropriateness of legislation. The Committee recalls that this important provision of the Convention requires the involvement in consultations of government authorities and of representatives of the persons affected by the employment policy measures to be taken. The aim of the consultations is to take fully into account their experience and views and secure their full cooperation in formulating and implementing employment policies. The Committee would appreciate receiving further information on the manner in which the recommendations made by the National Labour Advisory Development Council have been taken into account when formulating and implementing employment policy measures.

11. The Committee notes with interest that the Government has held consultations with representatives of the rural sector by setting up village funds managed by representatives of the villagers. As regards the informal sector, the Homework Administration Division is taking care of homeworkers by running a shop which sells products of homeworkers. The Committee would be grateful if the Government would continue to develop consultations on employment policies with representatives of rural and informal workers, including, if appropriate, representatives of organizations operating in close cooperation with villagers and homeworkers.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the information contained in the Government’s detailed report, as well as information provided by the Regional Office. The Committee would appreciate receiving further information on the following points.

Article 1 of the Convention.  The Government states that the economy grew at minus 8 per cent in 1998, but recovered in 1999 with growth of 4 per cent. The labour force participation rates in 1998 and 1999 were 69.05 per cent and 68.78 per cent, respectively. The unemployment rates were 4.37 per cent in 1998 and 4.17 per cent in 1999, and the Government aims to bring unemployment down to a maximum of 3.5 per cent in 2000. Underemployment grew by 34.27 per cent in the first quarter of 1999, but decreased by 9.93 per cent in the first quarter of 2000.

The Ministry of Labour and Social Welfare (MOLSW) has launched a master plan to promote employment in both urban and rural areas, and has implemented numerous programmes that focus on employment promotion in both urban and rural areas. Please provide further information on the outcome of these programmes.

The Committee notes that the Government is examining, with ILO technical assistance, whether to develop an unemployment insurance scheme. Please provide further information on the outcome of these deliberations. It also notes that the Government has established a Labour and Social Welfare Information Centre within the MOLSW. Please provide further information on the Centre’s role and functions.

Article 1, paragraph 2(c).  The Committee notes that the Labour Protection Act, 1998, provides measures promoting gender equality and some programmes have been implemented which target women. The Committee also notes, however, the Government’s statement that women workers "now have better protection as some categories of work are forbidden to women". The Committee asks the Government to provide further information on these proscribed categories and to explain the reasons why these jobs are deemed unsuitable for women.

Article 2.  The Government states that macroeconomic measures taken include relaxing monetary policy and expansionary fiscal policies. Some price controls have been set up to alleviate poverty, and the Government is examining decentralized minimum wages to better promote employment. The Committee notes this information and requests details on the extent to which trade policies take into account employment promotion, as requested in the report form under Article 2. The Committee also notes the Government’s statement that despite the quick recovery from the financial crisis it should launch a clear policy on industrial development and investment promotion for a framework for efficient labour market production. Please provide further information on any such policy developments, and on which institutions are designed to function on a longer term basis after the economy fully recovers. Please also state how employment promotion is taken into account in the Ninth Economic and Social Development Plan.

The Committee notes with interest that the measures mentioned by the Government involve all of the important ministries, and not just the MOLSW. Please provide further information on how the policies and programmes of the various ministries are coordinated.

The Government states that the model used by the Department of Employment for collecting labour market data is limited and may lead to inaccurate identification of labour market trends. The Government and the ILO have undertaken several technical cooperation projects to improve the frequency, timeliness and content of labour force surveys, and on how to better use this information for policy planning. Please provide further information on the follow-up action taken. Please explain how the National Statistics Office and the MOLSW cooperate. Please also specify whether the Government intends to develop a set of core labour market indicators, improve establishment surveys, collect more information on the informal sector and displaced workers, and improve interaction between producers and users of labour market information.

Article 3.  The Committee notes that the tripartite National Labour Advisory Development Council has made several recommendations to the Government since 1998 concerning, inter alia, labour protection and labour relations, restructuring tripartism and social security. The Advisory Council also recommended that the Government ratify the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144). Please provide information on the outcome of these recommendations. Please also provide information on any consultations with representatives of rural and informal sector workers, as requested in the report form under Article 3.

Part IV of the report form.  The Committee notes the various technical cooperation projects listed in the Government’s report. Please provide further information on the outcome of these projects.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

1. The Committee notes the Government's report and the information contained in response to its previous request. It notes that the brutal economic recession has resulted in a sharp increase in the unemployment rate which the Government estimates at 5.7 per cent in 1998. The Committee notes that the rise in unemployment has been even greater amongst the most educated workers. It requests the Government to continue to provide any available statistical information on employment, underemployment and unemployment.

2. The Committee notes with interest the results which had been achieved immediately prior to the financial crisis through the implementation of the Seventh National Development Plan (1992-96) in reducing poverty and regional disparities in particular. The Committee notes that, although the sharp reduction in public expenditure following the crisis may increase poverty, the Government is giving priority to alleviating its social impact on the most disadvantaged categories of the population. The Committee notes the creation of a National Committee on Unemployment Alleviation, responsible for coordinating the measures implemented by the various ministries in order to reduce the rise in unemployment and to alleviate its social consequences. The Committee hopes the Government's next report will contain more detailed information on the nature and scope of the measures referred to by the Government, as well as the results which have been achieved.

3. In more general terms, the Committee recalls that under Article 2 of the Convention, employment policy measures must be decided on and kept under review "within the framework of a coordinated economic and social policy". The Committee notes in this regard the information on the fixing of minimum wage rates and requests the Government to provide information on the procedures adopted to pursue the objectives of the Convention and any other important aspects of economic and social policy, in particular, monetary and exchange rate policies, budgetary policy, trade policy and prices, incomes and wages policy.

4. The Committee notes the importance given by the Eighth National Development Plan to the development of human resources through the improvement of skills. Please continue to provide detailed information on the training activities for the employment market, by describing any new training or retraining measures implemented in response to the deterioration in the employment situation.

5. Article 3. The Committee requests the Government to continue to provide information on the activities of the Advisory Council for National Labour Development, the subjects that it examines, the opinions expressed and the manner in which they have been taken into account. Moreover, the Committee notes that the representatives of workers and employers are associated with the National Committee on Unemployment Alleviation. With reference to its previous comments, the Committee again requests the Government to indicate the measures taken or envisaged to ensure that the representatives of persons employed in the rural and informal sectors are also included in consultations on employment policy.

6. Point V of the report form. The Committee has been informed of the ILO's technical advisory and cooperation activities undertaken in particular to follow up the recommendations of the High-Level Tripartite Meeting on Social Responses to the Financial Crisis in East and South-East Asian Countries (Bangkok, 22-24 April 1998). The Committee requests the Government to provide full information in its next report on any action taken as a result of these activities by the various ministries concerned. The Committee recalls that the Government may seek the assistance of the multidisciplinary team in Bangkok in order to examine the means by which the Convention can be applied and for the preparation of reports.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

1. The Committee notes the Government's report and the information in reply to its previous request. It notes the information on the growth of employment during the first two years of implementation of the Seventh National Economic and Social Development Plan (1992-96), and the prospects for the development of employment in the informal sector. The Committee requests the Government to supply statistics as detailed and recent as possible on the situation and trends in employment, underemployment and unemployment.

2. The Committee recalls that under the terms of Article 2 of the Convention the measures to be adopted for attaining the employment objectives must be decided on and kept under review "within the framework of a coordinated economic and social policy". It would be grateful if the Government would indicate in its next report any changes made in its employment policy in the light of the results obtained from the implementation of the Seventh National Development Plan.

3. The Committee notes that there was increased inequality in the distribution of the benefits of the rapid economic growth, to the detriment, in particular, of the population in rural areas, where the incidence of poverty is the highest. It notes the implementation of measures to promote industrial development in rural areas in the context of the decentralization policy. Please indicate the contribution made by these measures to the creation of employment in these areas, particularly for women workers and other particularly vulnerable categories of the population, and to the solution of the problem in question.

4. The Committee notes the information provided on certain aspects of macroeconomic policies which may have a major influence on the generation of employment. Please describe in particular the wages policy and its possible impact.

5. Article 1, paragraph 2, of the Convention. The Committee notes the emphasis placed on vocational training activities as a means of slowing down migration from rural areas and adapting the skills of workers to new technologies, particularly in the context of the Vocational Training Promotion Act, 1994. Please indicate the manner in which these activities are coordinated with prospective employment opportunities and their results. The Committee would like to have information on the role of the employment services and measures taken to reinforce their effectiveness.

6. Article 3. (i) Please describe the activities of the Advisory Council for National Labour Development, with an indication of the subjects it has examined, the opinions expressed and the manner in which they have been taken into account. (ii) Please indicate the arrangements made with a view to associating representatives of persons working in the rural sector and the informal sector in consultations on employment policies.

7. Part V of the report form. The Committee notes that the Government has not provided the information requested with regard to the action taken as a result of ILO technical cooperation activities. It recalls that the Government may seek the assistance of the multidisciplinary team in Bangkok in order to examine the means by which the Convention can be applied and for the preparation of reports.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

1. The Committee notes the Government's report for a period ending September 1994, which contains information in reply to its previous requests. It also notes the information contained in the report on the application of Convention No. 88 for the period ending 30 June 1994.

2. The Committee notes from the data supplied in the report and contained in the Year Book of Labour Statistics of Thailand for 1993, that the active population and employment grew over the period, while the estimated unemployment rate was around 3.4 per cent in 1993, taking into account the seasonally inactive population and persons who are available for but not looking for work. The Committee would be grateful if the Government would supplement these overall statistics in its next report by providing data or information on the trends of underemployment and employment in the informal sector, so that it can assess the situation of vulnerable categories of workers.

3. The Government states in its report that the rapid growth of the economy over the past 20 years has been accompanied by a worrying growth in inequality of income and regional disparities. In this respect, the Committee requests the Government to supply information on the measures which have been taken or are envisaged to remedy this trend in the distribution of income and to promote a more balanced regional development, as well as rural development through agricultural and non-agricultural activities. The Committee notes the overall growth and employment objectives of the Seventh National Development Plan (1992-96) and would be grateful if the Government would provide any provisional evaluation that is available of the attainment of these objectives. Please also describe the manner in which it is ensured that measures taken in such fields as budgetary and monetary policies, trade policy, and prices, incomes and wages policies contribute to the attainment of employment objectives. In the field of labour market policies, please describe the measures taken to adapt the workforce to structural changes occurring as a result of technological developments, particularly in the textile sector, or as a result of the privatization of public enterprises. More generally, the Committee would be grateful if the Government would supply the information requested in the report form on the measures taken "within the framework of a coordinated economic and social policy" with a view to pursuing "as a major goal" full, productive and freely chosen employment (Articles 1 and 2 of the Convention).

4. The Committee notes with interest the information on the development of the employment services and the promotion of vocational training. It notes that the statistics on the results achieved by the employment services, according to the Government, reflect the improvement in their effectiveness. However, the Government considers that the inadequate skills level of jobseekers remains a major obstacle to their employment and emphasizes the need to improve the skills of persons in the underprivileged categories of the population in order to increase their employment opportunities and their income level. In this context, the Committee notes the principal objectives of the vocational training policy, and particularly the guidelines for the development of human resources contained in the 1992-96 Plan. It requests the Government to continue supplying information on the various measures adopted in this field, and on the manner in which education and training policies are coordinated with prospective employment opportunities.

5. The Committee notes with interest the establishment of an Advisory Council for National Labour Development, on which the organizations of employers and workers are represented, with the function of gathering and submitting to the Government suggestions on its employment and training policies. However, the Committee considers that, in view of the proportion of rural and informal sector workers in the active population, it would also be particularly appropriate for the representatives of persons working in these sectors to be associated with consultations on employment policies. It requests the Government to continue supplying information on the manner in which the representatives of all the persons affected are consulted, in accordance with Article 3 of the Convention.

6. The Committee notes the Government's statement that it will provide the information requested in its next report on the action taken as a result of ILO technical cooperation activities in the field of employment (Part V of the report form).

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes with regret that for the third year in succession 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:

1. The Committee notes the information supplied in the Government's report received in November 1989 in reply to its previous direct request. According to the evaluation of the first two years of the Sixth National Development Plan 1987-91, its employment objectives have been achieved. The Government indicates that the employment rate is higher than the projected rate in every sector except the rural sector, which was affected by adverse climatic conditions. Particular difficulties encountered in the achievement of the objectives of the Plan were the infrastructure inadequacy and the shortage of skilled manpower in several occupations. The Government also indicates that these problems are being bound in mind and taken into consideration. The Committee trusts that in its next report the Government will supply further information on the situation, level and trends of employment, unemployment and underemployment, both in the aggregate and as they affect particular categories of workers such as women, young persons, older workers and disabled workers, as requested in the report form of Article 1 of the Convention.

2. Please indicate how employment policy objectives are related to other economic and social objectives set in the new plans or programmes currently being implemented. As requested in the 1989 direct request, please refer in particular to the impact on employment of the economic strategy emphasizing privatization of public enterprises.

3. In reply to the 1989 direct request, the Government indicates that self-employment promotion has received particular attention. It has supplied detailed information on many self-employment programmes established by various official agencies. The Committee also notes with interest the information obtained from the technical cooperation and field programmes responsible for Office activities in Asia and the Pacific with regard to cooperation in projects to promote rural women self-employment through self-help organizations (project THA/84/W09/72/11), labour-based construction-cum-rural self-employment (project THA/86/014) and strategic approaches toward employment promotion (project JPN/RAS/M09). The Committee notes that the general policy assumptions guide this latter project activities and in particular that employment creation packages should be closely combined with microeconomic policy analysis and that employment promotion requires a larger and more active role of the labour ministry. The Committee welcomes these activities which contribute to a better practical implementation of the Convention and hopes that the Government will provide in its next report further information on the action taken as a result of the technical assistance provided by the Office (Part V of the report form). The Government might usefully consult Part V on the informal sector of Recommendation No. 169 concerning the employment policy (supplementary provisions), 1984. Those provisions could contribute to a better understanding of the requirements of the Convention and facilitate its application.

4. The Committee notes with interest the achievements of the first two years of the Sixth Plan with regard to the programme on rural area development. Please continue to supply information on the implementation of plans or programmes designed to meet the employment needs of parts of the country which have not benefited satisfactorily from national development.

5. The Committee notes the information on the joint organization of the Labour Bazaar Day in the period 19-24 March 1987, by domestic employment offices and employers. It would be grateful if the Government could supply further details on measures taken to coordinate education and training policies with prospective employment opportunities.

6. Article 3. The Committee refers to its previous comments and reaffirms the importance of the consultations that must be held with representatives of the persons affected by the measures to be taken in the employment policy field. The consultations provided for in the Convention should not be restricted to matters of employment policy in the narrow sense, but should extend to all aspects of economic policy which affect employment. Furthermore, in addition to providing for consultations in the formulation of employment policies, the provisions of the Convention and of Recommendation Nos. 122 and 169 also envisage cooperation with representatives of employers and workers in the implementation of this policy (see paragraphs 96 and 100 of the Committee's General Survey of 1972). The Committee therefore trust that the Government will supply detailed information in its next report on the holding of consultations under Article 3 of the Convention.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

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:

1. The Committee notes the information supplied in the Government's report received in November 1989 in reply to its previous direct request. According to the evaluation of the first two years of the Sixth National Development Plan 1987-91, its employment objectives have been achieved. The Government indicates that the employment rate is higher than the projected rate in every sector except the rural sector, which was affected by adverse climatic conditions. Particular difficulties encountered in the achievement of the objectives of the Plan were the infrastructure inadequacy and the shortage of skilled manpower in several occupations. The Government also indicates that these problems are being bound in mind and taken into consideration. The Committee trusts that in its next report the Government will supply further information on the situation, level and trends of employment, unemployment and underemployment, both in the aggregate and as they affect particular categories of workers such as women, young persons, older workers and disabled workers, as requested in the report form of Article 1 of the Convention.

2. Please indicate how employment policy objectives are related to other economic and social objectives set in the new plans or programmes currently being implemented. As requested in the 1989 direct request, please refer in particular to the impact on employment of the economic strategy emphasising privatization of public enterprises.

3. In reply to the 1989 direct request, the Government indicates that self-employment promotion has received particular attention. It has supplied detailed information on many self-employment programmes established by various official agencies. The Committee also notes with interest the information obtained from the technical cooperation and field programmes responsible for Office activities in Asia and the Pacific with regard to cooperation in projects to promote rural women self-employment through self-help organizations (project THA/84/W09/72/11), labour-based construction-cum-rural self-employment (project THA/86/014) and strategic approaches toward employment promotion (project JPN/RAS/M09). The Committee notes that the general policy assumptions guide this latter project activities and in particular that employment creation packages should be closely combined with microeconomic policy analysis and that employment promotion requires a larger and more active role of the labour ministry. The Committee welcomes these activities which contribute to a better practical implementation of the Convention and hopes that the Government will provide in its next report further information on the action taken as a result of the technical assistance provided by the Office (Part V of the report form). The Government might usefully consult Part V on the informal sector of Recommendation No. 169 concerning the employment policy (supplementary provisions), 1984. Those provisions could contribute to a better understanding of the requirements of the Convention and facilitate its application.

4. The Committee notes with interest the achievements of the first two years of the Sixth Plan with regard to the programme on rural area development. Please continue to supply information on the implementation of plans or programmes designed to meet the employment needs of parts of the country which have not benefited satisfactorily from national development.

5. The Committee notes the information on the joint organization of the Labour Bazaar Day in the period 19-24 March 1987, by domestic employment offices and employers. It would be grateful if the Government could supply further details on measures taken to coordinate education and training policies with prospective employment opportunities.

6. Article 3. The Committee refers to its previous comments and reaffirms the importance of the consultations that must be held with representatives of the persons affected by the measures to be taken in the employment policy field. The consultations provided for in the Convention should not be restricted to matters of employment policy in the narrow sense, but should extend to all aspects of economic policy which affect employment. Furthermore, in addition to providing for consultations in the formulation of employment policies, the provisions of the Convention and of Recommendation Nos. 122 and 169 also envisage cooperation with representatives of employers and workers in the implementation of this policy (see paragraphs 96 and 100 of the Committee's General Survey of 1972). The Committee therefore trust that the Government will supply detailed information in its next report on the holding of consultations under Article 3 of the Convention.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

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:

1. The Committee notes the information supplied in the Government's report received in November 1989 in reply to its previous direct request. According to the evaluation of the first two years of the Sixth National Development Plan 1987-91, its employment objectives have been achieved. The Government indicates that the employment rate is higher than the projected rate in every sector except the rural sector, which was affected by adverse climatic conditions. Particular difficulties encountered in the achievement of the objectives of the Plan were the infrastructure inadequacy and the shortage of skilled manpower in several occupations. The Government also indicates that these problems are being bound in mind and taken into consideration. The Committee trusts that in its next report the Government will supply further information on the situation, level and trends of employment, unemployment and underemployment, both in the aggregate and as they affect particular categories of workers such as women, young persons, older workers and disabled workers, as requested in the report form of Article 1 of the Convention.

2. Please indicate how employment policy objectives are related to other economic and social objectives set in the new plans or programmes currently being implemented. As requested in the 1989 direct request, please refer in particular to the impact on employment of the economic strategy emphasising privatisation of public enterprises.

3. In reply to the 1989 direct request, the Government indicates that self-employment promotion has received particular attention. It has supplied detailed information on many self-employment programmes established by various official agencies. The Committee also notes with interest the information obtained from the technical cooperation and field programmes responsible for Office activities in Asia and the Pacific with regard to cooperation in projects to promote rural women self-employment through self-help organisations (project THA/84/W09/72/11), labour-based construction-cum-rural self-employment (project THA/86/014) and strategic approaches toward employment promotion (project JPN/RAS/M09). The Committee notes that the general policy assumptions guide this latter project activities and in particular that employment creation packages should be closely combined with microeconomic policy analysis and that employment promotion requires a larger and more active role of the labour ministry. The Committee welcomes these activities which contribute to a better practical implementation of the Convention and hopes that the Government will provide in its next report further information on the action taken as a result of the technical assistance provided by the Office (Part V of the report form). The Government might usefully consult Part V on the informal sector of Recommendation No. 169 concerning the employment policy (supplementary provisions), 1984. Those provisions could contribute to a better understanding of the requirements of the Convention and facilitate its application.

4. The Committee notes with interest the achievements of the first two years of the Sixth Plan with regard to the programme on rural area development. Please continue to supply information on the implementation of plans or programmes designed to meet the employment needs of parts of the country which have not benefited satisfactorily from national development.

5. The Committee notes the information on the joint organisation of the Labour Bazaar Day in the period 19-24 March 1987, by domestic employment offices and employers. It would be grateful if the Government could supply further details on measures taken to coordinate education and training policies with prospective employment opportunities.

6. Article 3. The Committee refers to its previous comments and reaffirms the importance of the consultations that must be held with representatives of the persons affected by the measures to be taken in the employment policy field. The consultations provided for in the Convention should not be restricted to matters of employment policy in the narrow sense, but should extend to all aspects of economic policy which affect employment. Furthermore, in addition to providing for consultations in the formulation of employment policies, the provisions of the Convention and of Recommendation Nos. 122 and 169 also envisage cooperation with representatives of employers and workers in the implementation of this policy (see paragraphs 96 and 100 of the Committee's General Survey of 1972). The Committee therefore trust that the Government will supply detailed information in its next report on the holding of consultations under Article 3 of the Convention.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

1. The Committee notes the information supplied in the Government's report received in November 1989 in reply to its previous direct request. According to the evaluation of the first two years of the Sixth National Development Plan 1987-91, its employment objectives have been achieved. The Government indicates that the employment rate is higher than the projected rate in every sector except the rural sector, which was affected by adverse climatic conditions. Particular difficulties encountered in the achievement of the objectives of the Plan were the infrastructure inadequacy and the shortage of skilled manpower in several occupations. The Government also indicates that these problems are being bound in mind and taken into consideration. The Committee trusts that in its next report the Government will supply further information on the situation, level and trends of employment, unemployment and underemployment, both in the aggregate and as they affect particular categories of workers such as women, young persons, older workers and disabled workers, as requested in the report form of Article 1 of the Convention.

2. Please indicate how employment policy objectives are related to other economic and social objectives set in the new plans or programmes currently being implemented. As requested in the 1989 direct request, please refer in particular to the impact on employment of the economic strategy emphasising privatisation of public enterprises.

3. In reply to the 1989 direct request, the Government indicates that self-employment promotion has received particular attention. It has supplied detailed information on many self-employment programmes established by various official agencies. The Committee also notes with interest the information obtained from the technical co-operation and field programmes responsible for Office activities in Asia and the Pacific with regard to co-operation in projects to promote rural women self-employment through self-help organisations (project THA/84/W09/72/11), labour-based construction-cum-rural self-employment (project THA/86/014) and strategic approaches toward employment promotion (project JPN/RAS/M09). The Committee notes that the general policy assumptions guide this latter project activities and in particular that employment creation packages should be closely combined with microeconomic policy analysis and that employment promotion requires a larger and more active role of the labour ministry. The Committee welcomes these activities which contribute to a better practical implementation of the Convention and hopes that the Government will provide in its next report further information on the action taken as a result of the technical assistance provided by the Office (Part V of the report form). The Government might usefully consult Chapter V on the informal sector of Recommendation No. 169 concerning the employment policy (supplementary provisions), 1984. Those provisions could contribute to a better understanding of the requirements of the Convention and facilitate its application.

4. The Committee notes with interest the achievements of the first two years of the Sixth Plan with regard to the programme on rural area development. Please continue to supply information on the implementation of plans or programmes designed to meet the employment needs of parts of the country which have not benefited satisfactorily from national development.

5. The Committee notes the information on the joint organisation of the Labour Bazaar Day in the period 19-24 March 1987, by domestic employment offices and employers. It would be grateful if the Government could supply further details on measures taken to co-ordinate education and training policies with prospective employment opportunities.

6. Article 3. The Committee refers to its previous comments and reaffirms the importance of the consultations that must be held with representatives of the persons affected by the measures to be taken in the employment policy field. The consultations provided for in the Convention should not be restricted to matters of employment policy in the narrow sense, but should extend to all aspects of economic policy which affect employment. Furthermore, in addition to providing for consultations in the formulation of employment policies, the provisions of the Convention and of Recommendation Nos. 122 and 169 also envisage co-operation with representatives of employers and workers in the implementation of this policy (see paragraphs 96 and 100 of the Committee's General Survey of 1972). The Committee therefore trust that the Government will supply detailed information in its next report on the holding of consultations under Article 3 of the Convention.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

1. The Committee notes the Government's report and the information supplied in reply to its direct request. It notes the indications concerning the policy behind the Sixth National Development Plan, 1987-1991, in the field of employment and human resources. Please indicate the extent to which the employment objectives set out in the Sixth Development Plan are being achieved and specify whether particular difficulties have been encountered in this respect and the extent to which they have been overcome. Please supply information on the situation, level and trends of employment, unemployment and underemployment (Article 1 of the Convention).

2. The Committee would be grateful if the Government would indicate the procedures adopted to ensure that the effects on employment of measures taken to promote economic development receive due consideration (Article 2). The Committee refers in particular to the impact on employment of the economic strategy that emphasises the privatisation of public enterprises.

3. The Sixth Plan provides, among other objectives, for the promotion of self-employment. The Government indicates that an advisory commission has been set up for this purpose by the National Economic and Social Development Board (NESDB). The Committee notes with interest that the NESDB requested technical assistance from ARTEP in order to carry out a pilot survey of self-employment in the urban environment. The study illustrated the value of promoting this type of employment and the possibilities that it offers; it included suggestions concerning measures that could be taken. The Committee requests the Government to indicate the action that has been taken as a result of the recommendations made by ARTEP (Part V of the report form).

4. The Committee notes the information supplied on the implementation of the strategy for rural development which was an integral part of the objectives of the Fifth Development Plan. It would be grateful if the Government would continue supplying detailed information on the outcome of the policy initiated under the Fifth Plan and indicate the measures taken or envisaged within the context of the Sixth Plan, 1987-1991.

5. The Committee refers to point 4 of its previous direct request and to the Government's indications concerning the objectives of the Sixth Plan regarding training and the development of employment services, particularly for qualified young persons. Please supply information on the measures that have been taken in these fields, their outcome and the difficulties encountered.

6. The Committee repeats its previous request for information regarding any consultations that have taken place or are envisaged with the representatives of employers' and workers' organisations and of other sectors of the active population, such as persons employed in the rural sector and the informal sector (Article 3).