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

Article 1(c) of the Convention. Sanctions involving compulsory labour as a means of labour discipline. In its earlier comments, the Committee referred to sections 131–133 of the Labour Relations Act B.E. 2518 (1975), under which penalties of imprisonment (involving compulsory labour) may be imposed on any employee who violates or fails to comply with an agreement on terms of employment or a decision on a labour dispute under sections 18, 22–24, 29 and 35(4) of the Labour Relations Act. The Committee pointed out that
sections 131–133 of the Labour Relations Act were incompatible with the Convention, which prohibits the use of compulsory labour as a means of labour discipline.

The Committee has noted the Government’s statement that the above provisions have been applied in practice only in a few cases. It has also noted the Government’s indication in its 2006 report that the Ministry of Labour is planning to conduct a study on the conformity of the Labour Relations Act B.E. 2518 (1975) with the Convention and that the Committee on the national policy for legal reform has been established, with the Prime Minister as the Chairperson.

While having noted this information, the Committee expresses the firm hope that the necessary measures will soon be taken with a view to bringing the above provisions of the Labour Relations Act B.E. 2518 (1975) into conformity with the Convention, either by repealing sanctions involving compulsory labour or by limiting their scope to acts endangering the life or health of persons.

Article 1(d). Sanctions involving compulsory labour as a punishment for having participated in strikes. 1. The Committee previously referred to the following provisions of the Labour Relations Act B.E. 2518 (1975), under which penalties of imprisonment (involving compulsory labour) may be imposed for participation in strikes:

(i)    section 140 read in conjunction with section 35(2), if the minister orders the strikers to return to work, being of the opinion that the strike may affect the national economy or cause hardship to the public or endanger national security or be contrary to public order;

(ii)    section 139 read in conjunction with section 34(5), if the matter is awaiting the decision of the Labour Relations Committee or a decision has been given by the minister under section 23(1), (2), (6) or (8) or by the Labour Relations Committee under section 24.

The Committee has noted the Government’s statement that the provisions of section 140 are applied only in a situation where the strike may affect the national economy or endanger national security or be contrary to public order, and that they have been applied in practice only in a few cases. Having also noted the Government’s indications in its 2006 report concerning a study to be conducted by the Ministry of Labour on the conformity of the Labour Relations Act B.E. 2518 (1975) with the Convention and the setting up of the Committee on the national policy for legal reform, the Committee reiterates its hope that the necessary measures will soon be taken with a view to bringing the above provisions of the Labour Relations Act into conformity with the Convention, by ensuring that no sanctions involving compulsory labour can be imposed for the mere fact of participating in a peaceful strike.

2. Over a number of years, the Committee has been referring to section 117 of the Criminal Code, under which participation in any strike with the purpose of changing the laws of the State, coercing the Government or intimidating the people is punishable with imprisonment (involving compulsory labour). The Committee has noted the Government’s repeated statement in its reports that section 117 is essential for national peace and security and does not deprive workers of their labour rights or of the right to strike under the labour law, having no objective to impose any sanctions against workers who participate in strikes pursuing economic and social objectives affecting their occupational interests. The Committee also noted previously the Government’s indication that this section had never been applied in practice. While having noted these indications, the Committee refers to the explanations provided in paragraph 188 of its 2007 General Survey on the eradication of forced labour and reiterates its hope that the necessary measures will be taken, on the occasion of the next revision of the Criminal Code, to amend section 117 in such a way that it would be clear from the text itself that strikes pursuing economic and social objectives affecting the workers’ occupational interests are removed from the scope of sanctions under this section, in order to bring this provision into conformity with the Convention and the indicated practice.

3. In its earlier comments, the Committee referred to certain provisions under which workers of state enterprises were prohibited from striking, this prohibition being enforceable with sanctions of imprisonment (involving compulsory labour). The Committee noted, in particular, that the State Enterprise Labour Relations Act B.E. 2543 (2000) prohibits strikes in state enterprises (section 33), violation of this prohibition being punishable with imprisonment (involving compulsory labour) for a term of up to one year; this penalty is doubled in the case of a person who instigates this offence (section 77).

While having noted the Government’s statement in its 2006 report concerning the role of state enterprises for the economic and social development of the country and the living standards of the population, the Committee recalls that a blanket prohibition of strikes in all state-owned enterprises, if enforced with penalties involving compulsory labour, is incompatible with the Convention. Having also noted the Government’s indications in its report concerning a study to be conducted by the Ministry of Labour on the conformity of the State Enterprise Labour Relations Act B.E. 2543 (2000) with the Convention, the Committee reiterates its firm hope that the necessary measures will soon be taken with a view to amending the above provisions of the State Enterprise Labour Relations Act, so that no sanctions involving compulsory labour can be imposed for the mere fact of participating in a peaceful strike, in order to bring the legislation into conformity with the Convention. It asks the Government to provide, in its next report, information on progress made in this regard.