Effect given to the recommendations of the committee and the Governing Body - Report No 333, March 2004

Case No 2125 (Thailand) - Complaint date: 03-MAY-01 - Closed

Effect given to the recommendations of the Committee and the Governing Body

1. 138. The Committee last examined this case at its June 2003 meeting [see 331st Report, paras. 70-72]. This case relates to the dismissals of 21 employees of the ITV-Shin Corporation, which the Committee concluded occurred on account of their membership of the ITV labour union [see 327th Report, para. 778]. During its last examination, the Committee noted that the Central Labour Court confirmed the unanimous decision of the tripartite Labour Relations Committee that the dismissal of the 21 employees, members and officials of the ITV labour union, was illegal and that they should all be reinstated. An appeal was lodged before the Supreme Court of Thailand by the ITV-Shin Corporation. In its conclusions, the Committee underlined that it had requested the Government not only to keep it informed of the outcome of the national judicial procedure, but also to take active steps to ensure the 21 employees’ reinstatement, in particular to avoid that recourse to national jurisdictions by the ITV prolongs unduly the effects of the anti-union discrimination it exerted on these employees.
2. 139. In a communication 18 August 2003, the complainant submitted additional information in the form of a letter from the president of the International Federation of Journalists (IFJ). The IFJ voices its deep concern over the case and in particular over the Government’s inaction despite the rulings of the Central Labour Court and the tripartite Labour Relations Committee, and the conclusions of the Committee. In a communication of 11 November 2003, the Government indicates that the case is still pending before the Supreme Court and that it will inform the Committee of the outcome of the national judicial procedure as soon as possible. Regarding the steps to be taken to ensure the reinstatement of the 21 employees, the Government adds that, if the Supreme Court confirms the judgement of the Central Labour Court, the ITV-Shin Corporation must comply with the order of the tripartite Labour Relations Committee to reinstate the 21 ITV labour union members and to pay them compensation, equivalent to the amount of the wages they would have received between the date of their dismissals and the date of their reinstatement. In case of failure on the part of the ITV to execute the order, the company will be charged with violation of sections 121-123 of the Labour Relations Act and a penalty will be decided.
3. 140. The Committee regrets that for the second time it is obliged to note that the Government has not taken any steps at all to ensure that the 21 employees are reinstated, considering that this is a matter to be dealt with by the national courts. The Committee must recall that the 21 employees were dismissed more than three years ago and that is has been established since then that these dismissals were acts of anti-union discrimination on the part of the employer, the ITV-Shin Corporation. One year ago, the Committee specifically requested the Government to take steps to ensure the reinstatement of the 21 dismissed members and officials of the ITV labour union in their jobs, with the payment of back wages. This request was made in light of the fact that the Government is responsible for preventing all acts of anti-union discrimination.
4. 141. By not taking any steps to ensure the reinstatement of the 21 employees, the Government allows acts of anti-union discrimination to have prolonged, if not irreversible, effects on the workers concerned. This inaction is thus in clear infringement of the principles of freedom of association and renders the prohibition of any act of anti-union discrimination, set out in section 121 of the Labour Relations Act, 1975, ineffective. The Committee must therefore firmly requests the Government to put an end to such a situation and to take, without delay, active steps to ensure the reinstatement of the 21 employees dismissed on account of their trade union activities. The Committee requests the Government to keep it informed of developments in this respect.