Effect given to the recommendations of the committee and the Governing Body - Report No 365, November 2012

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

1. 189. The Committee last examined this case, which concerns obstruction and violation of the right to organize and bargain collectively, at its May–June 2012 session [see 364th Report, paras 215–220]. On that occasion the Committee requested the Government and the complainant organization to clarify whether the 178 trade unionists who had resigned from their jobs at Thai Summit Eastern Seabord Autoparts Industry Co. Ltd (TSESA) (not the employees still working at the enterprise and concerned by decision No. 3801-3824/2553 of the Supreme Court) had filed a complaint before the Court and if not, it requested the complainant organization to indicate the reasons why these employees decided not to exercise their right to file a complaint against the acts of their employer. As to the dismissal of the ten trade unionists, the Committee urged the Government to provide without delay information on whether the Labour Court, in its hearing of the dismissal of the ten trade unionists (No. 780-787/2008), was in full possession of all the material facts referred to in the Committee’s previous conclusions, including the report of the Thailand National Human Rights Commission, and requested the Government to transmit a copy of the judgment once handed down. It also requested the Government, once again, to initiate discussions in order to review the possible reinstatement of the ten workers or, if reinstatement is not possible, the payment of adequate compensation. Finally, as regards the measures taken by the Government to ensure that the union and the employer engage in good faith negotiations, the Committee requested the Government to ensure that specific measures are taken so that the union and the employer concerned can engage in good faith negotiations, with a view to concluding a collective agreement on terms and conditions of employment. The Committee requested the Government to keep it informed of any developments in respect of all these issues.
2. 190. In a communication dated 19 April 2012, the Government indicates that: (1) the 178 employees did not submit the case to the Labour Relations Committee but submitted the case to the Labour Court; and that (2) “from monitoring of the case and the judgment” it found that the case which was brought to the Labour Court, and later appealed to the Supreme Court (decision No. 3801-3824/2553 of the Supreme Court), concerns 24 employees of TSESA. The Government provides a brief summary of the decision of the Supreme Court.
3. 191. The Committee understands from the Government’s communication that the 178 employees who had resigned from TSESA did not submit a case to the Labour Court. While the Committee had requested the complainant organization to indicate the reasons why these employees decided not to exercise their right to file a complaint against the acts of their employer, no further information has been provided. As to the dismissal of the ten trade unionists who have appealed, the Committee regrets that the Government has not provided the previously requested information and expects that all the material facts referred to in the Committee’s previous conclusions, including the report of the Thailand National Human Rights Commission, will have been brought before the Court. It recalls that justice delayed is justice denied and urges the Government to transmit a copy of the judgment once handed down. It also urges the Government to initiate discussions in order to review the possible reinstatement of the ten workers or, if reinstatement is not possible, the payment of adequate compensation. Finally, as regards the measures taken by the Government to ensure that the union and the employer engage in good faith negotiations, the Committee requests once again the Government to ensure that specific measures are taken so that the union and the employer concerned can engage in good faith negotiations, with a view to concluding a collective agreement on terms and conditions of employment. The Committee requests the Government to keep it informed of any developments in respect of all these issues.
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