Effect given to the recommendations of the committee and the Governing Body - Report No 380, October 2016

Case No 3022 (Thailand) - Complaint date: 30-APR-13 - Follow-up

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

1. 72. The Committee last examined this case at its June 2014 meeting [see 372nd Report, paragraphs 575–618], at which time it made the following recommendations:
   • (a) The Committee once again urges the Government to take the necessary measures without delay to abrogate section 33 of the SELRA and invites the Government to consider having recourse to the principles concerning minimum services enounced in its conclusions, where the scope or duration of industrial action may result in irreversible damages. The Committee requests to be kept informed of developments in this regard.
   • (b) The Committee trusts that the judgments in the two appeal proceedings before the Supreme Court will be rendered in the near future, and urges the Government to ensure that the Committee’s conclusions are brought to the Supreme Court’s attention without delay and to provide a copy of the Supreme Court’s decision once it is handed down. Pending the final judgment, the Committee requests the Government to make every effort to ensure that the 13 dismissed union officials are swiftly reinstated effectively in their jobs under the same terms and conditions prevailing prior to their dismissal, with compensation for lost wages and benefits. The Committee requests to be kept informed of developments in this regard.
   • (c) The Committee once again urges the Government to take the necessary measures without delay to amend section 77 of the SELRA to bring it fully into conformity with the principles of freedom of association and to keep it informed of any developments in this respect.
   • (d) Considering that the fines against the SRUT leaders have been imposed in response to violations of strike prohibitions, which are themselves contrary to the principles of freedom of association, and that their excessive amount is likely to have an intimidating effect on the SRUT and its leaders and inhibit their legitimate trade union activities, the Committee trusts that the appeal filed by the SRUT has a suspensive effect with regard to the payment of damages, and that the Committee’s conclusions on this matter will also be submitted for the Supreme Court’s consideration.
2. 73. In a communication dated 18 October 2014, one of the complainants, the International Transport Workers’ Federation (ITF), indicates that: (i) the six committee members of the State Railway Workers’ Union of Thailand (SRUT), Hat Yai branch, who were dismissed by the State Railway of Thailand (SRT) on 27 October 2009 for their involvement in the Occupational Health and Safety Initiative (the OSH Initiative), namely, Wirun Sagaekhum, Prachaniwat Buasri, Sorawut Porthongkham, Thawatchai Bunwisut, Saroj Rakchan and Nittinai Chaiphum were reinstated on 3 June 2014 to their original roles with full back pay; (ii) similarly, the seven national leaders of the SRUT who were dismissed by the SRT on 28 July 2011 for their contribution to the OSH Initiative, i.e., Sawit Kaewvarn, Pinyo Rueanpetch, Banjong Boonnet, Thara Sawangtham, Liem Morkngan, Supichet Suwanchatree and Arun Deerakchat, were also reinstated on 19 June 2014 under the same terms; (iii) the appeals to the Supreme Labour Court regarding the unfair dismissals of the 13 SRUT officials are being withdrawn by the union; (iv) negotiations are still ongoing between the SRT and the SRUT over a possible request by the SRT to the Supreme Labour Court to set aside the order for damages of 15 million Thai baht (THB) against the seven national union leaders (process delayed due to the dismissal of the SRT Governor on 10 July 2014); and (v) the Government has so far made no efforts to revise the 2000 State Enterprise Labour Relations Act (SELRA) B.E. 2543 in accordance with the Committee’s recommendations.
3. 74. The Committee notes with interest the information provided by the complainant concerning the reinstatement of the 13 SRUT trade union leaders, to their original roles and with full back pay.
4. 75. The Committee regrets however that the Government has provided no information on steps taken to revise the SELRA in line with its previous recommendations and once again urges it to take the necessary measures without delay to abrogate section 33 and amend section 77 of the SELRA so as to bring it fully into conformity with the principles of freedom of association, and to keep it informed of any progress made in this regard.
5. 76. As regards the fines imposed on the SRUT leaders in response to violations of strike prohibitions, which were themselves contrary to the principles of freedom of association, the Committee observes that the SRT and the SRUT have been negotiating a possible request from the former to set aside the order for damages of THB15 million. The Committee trusts that the appeal filed by the SRUT continues to have a suspensive effect with regard to the payment of damages, and expects that the conclusions reached by the Committee in the framework of the examination of this case at its meeting in June 2014 [see 372nd Report, para. 617] will be submitted for the Supreme Court’s consideration, should this not already have been the case. The Committee requests the Government to keep it informed of the progress made on this matter.