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

The Committee notes the information provided by the Government in February 2010, in reply to its previous direct requests.

Article 6(b)(iv) of the Convention. Measures to facilitate the movement of migrant workers across borders. The Government recalls that since 2004 seven strategies for the management of foreign workers were defined with the ultimate goal of “employing alien workers legally”. The implementation of the strategy was divided into three phases: Phase 1 is the registration of Burmese, Laotian and Cambodian migrant workers in Thailand. These registered workers are allowed to temporarily work for a period not exceeding one year while awaiting repatriation. The number of foreign workers with work permit renewal reached, in 2007, 535,732 persons and, in 2008, 510,570 persons. Phase 2 seeks to adjust registered alien workers’ status to that of legal migrant workers. This phase implies that the nationalities are verified and the workers have to apply for the visa with the Thai authority in order to further apply for the work permit. This situation concerned some 41,000 Laotian and 33,856 Cambodian workers as of September 2008, while Burmese workers are still under the registration process; Phase 3 aims for the recruitment of alien workers with regard to Memoranda of Understanding (MOU) signed between the Thai Government and Cambodia, Lao People’s Democratic Republic and Myanmar. The Government further indicates that the strategy prescribed under the policy on overseas employment services emphasizes extending overseas labour market and maintaining the existing presence of Thai workers abroad. New labour markets in Europe and South Africa are promoted; Thai workers abroad are located mostly in the Republic of Korea and other Asian countries. MOUs have been concluded with receiving countries, mainly Japan, Republic of Korea, Israel, Malaysia and the United Arab Emirates. In its 2010 General Survey concerning employment instruments, the Committee highlighted the importance of public employment services in the facilitation of occupational and geographical mobility for the achievement of full employment (see paragraph 269 of the 2010 General Survey). On this important issue, the Committee refers to its observations on the application of the Employment Policy Convention, 1964 (No. 122). It requests the Government to provide information on the effect of the measures taken by the public employment service to prevent abuse in the recruitment of labour and the exploitation of migrant workers in Thailand and facilitate their registration. As indicated in the 2010 General Survey concerning employment instruments, action at the national and international levels is essential to eradicate abuses by intermediaries that engage in human trafficking or otherwise violate rights enshrined in the fundamental Conventions.

Strengthening public employment services to adequately protect migrant workers. The Committee notes the efforts made to provide greater protection for migrant workers by introducing measures to verify the nationalities of migrant workers in order to regularize their employment status. The Government further indicates that the Department of Employment has informed employers to register their demand for workers in positions experiencing labour shortages and their need for migrant workers from Myanmar, Cambodia and Lao People’s Democratic Republic in support of government-to-government cooperation and the respective MOUs. The Committee asks the Government to provide further information on the impact of the measures adopted to strengthen employment services for adequate protection of migrant workers.

Effective cooperation between the public employment service and private employment agencies. The Government states that no measures are taken at present regarding cooperation between the public employment service and private employment agencies. The Committee notes the data provided by the Government in its report indicating that 161,852 Thai workers were placed overseas (and 137,940 workers were placed abroad between January and November 2009). The Committee refers to its 2010 General Survey concerning employment instruments and invites the Government to adopt an appropriate legal framework regulating private employment agencies. It also invites the Government to include in its next report information on measures adopted to ensure cooperation between the public employment service and the private employment agencies.

Part IV of the report form. Information on public employment services. The Committee notes the detailed information provided by the Department of Employment on job applicants, job vacancies and job placement. The Committee invites the Government to continue to provide statistical information on the number of public employment offices established, the number of applications for employment received, the number of vacancies notified, and the number of persons placed in employment by such offices.