Effect given to the recommendations of the committee and the Governing Body - Report No 393, March 2021

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

1. 44. The Committee last examined this case, which was submitted in January 2016 and which concerns allegations of judicial and disciplinary harassment of four trade union leaders and failures in the law to protect workers’ and trade union rights, as well as inconsistencies between the law and the principles of freedom of association and the right to collective bargaining, at its June 2019 meeting [see 389th Report, paras 91–95]. On that occasion, the Committee expressed regret at the lack of any information on the decision of the Supreme Court concerning the claim of the airline company  for damages over losses allegedly attributable to the January 2013 workers’ protest action, as well as on the appeal against the disciplinary measures imposed by the company on several trade union officials. The Committee expressed trust that its conclusions concerning the principles of freedom of association would be brought to the attention of the relevant courts and requested the Government to keep it informed of any developments.
2. 45. The Government provides its observations in communications dated 7 February 2020 and 26 January 2021. It indicates, with regard to the company’s claim for damages, that as per the Supreme Court decision No. 5701/2562, the airline company prosecuted four union leaders for damages by reason of gathering other employees to strike illegally and thus bringing about staff deficiency for luggage loading. As a result, some flights were delayed, the situation directly affected the clients and the company had to pay additional expenditure to hire workers to load the luggage. The Court ruled that the defendants should pay the amount of 3,479,793 Thai baht (THB) instead of the total amount of THB300,940,072 as requested by the company. In December 2019, the Department of Labour Protection and Welfare (DLPW) of the Ministry of Labour officially advised the airline company to consider providing appropriate assistance to the four union leaders and to keep the DLPW informed of any developments. The Government adds that during the COVID-19 pandemic in 2020, the Ministry of Finance sold its shares of the company, which lost its status as a state enterprise, became a private enterprise and applied to the Central Bankruptcy Court for bankruptcy and business reorganization. The company has been in a reorganization procedure since September 2020 and the prosecution process relating to the claim for damages against four unionists has been suspended until the business returns to a normal state. The Government also informs that the former leaders of the company union – Ms Chamsri Sukchotirat, Mr Damrong Waiyakanee and Mr Somsak Manop – have retired and received full benefits and pension according to the laws and work regulations, in the same amount as other retired officers and without any deduction. As a result of their retirement and in line with the enterprise’s regulations, the disciplinary measures against these union leaders have been revoked.
3. 46. As to the ongoing legislative review, the Government indicates that the Ministry of Labour proposed amendments to the State Enterprise Labour Relations Act (SELRA) abrogating sections 33 and 77, which stipulate penalties for industrial actions, and adding a new provision to allow employers and workers in state enterprises to lockout and to strike. The Cabinet approved the principle of the draft amendments in September 2020, the draft bill underwent public hearing procedures and is currently being examined by the Council of State, before being submitted to the Cabinet and to the National Assembly for further consideration.
4. 47. The Committee takes note of the information provided by the Government. In particular, it welcomes the Government’s indication that a draft law that abrogates sections 33 and 77 of the SELRA and provides for the possibility to engage in a lockout or a strike in state enterprises underwent public hearings and is in the process of being finalized. Recalling that the legislative review of the SELRA has been ongoing for several years, the Committee trusts that the draft law will be adopted without delay and will be in full conformity with the principles of freedom of association. The Committee will pursue the examination of this legislative aspect of the case in the framework of Case No. 3164.
5. 48. The Committee further understands from the Government’s information that in 2019, the Supreme Court ordered four trade unionists to pay damages to the airline company in the amount of THB3,479,793 (US$110,800) as a result of the harm inflicted following the protest held by the company’s workers back in January 2013. The Committee notes that the amount of the damages ordered by the Supreme Court was considerably reduced compared to the amount originally filed for by the company and that this order has been issued by the highest court in the land. The Committee also observes that the damages order is based on strike prohibitions previously commented by the Committee as being contrary to the principle of freedom of association and which the Government now indicates are in the process of being abrogated. The Committee further observes that the company is presently undergoing bankruptcy proceedings, as a result of which the proceedings relating to the claim for damages were suspended until the business returns to a normal state, and welcomes the initiative of the Ministry of Labour advising the company to consider providing assistance to the four unionists. The Committee also recalls, from its previous examination of the case, that the parties had agreed to await the verdict of the Supreme Court on the company’s claim for damages, and, whatever the ruling, to submit the issue to the bipartite Relations Affairs Committee at the company. In these circumstances and recalling once again that sanctions should only be imposed as regards strikes where there are violations of strike prohibitions which are themselves in conformity with the principles of freedom of association, the Committee expects the Government to endeavour to bring the parties together, as they had previously agreed to do, with a view to negotiating a mutual solution to this issue. The Committee requests the Government to keep it informed of any developments made in this regard.
6. 49. Finally, the Committee notes the Government’s indication that following the retirement of three union leaders – Ms Chamsri Sukchotirat, Mr Damrong Waiyakanee and Mr Somsak Manop – the disciplinary proceedings against them have been revoked in line with the company’s regulations but observes that no information was provided on the disciplinary proceedings against Mr Suphorn Warakorn, who was the Chairperson of the Union Subcommittee at the time of the protests. The Committee therefore requests the Government to indicate whether any disciplinary measures have been taken against Mr Warakorn or whether any proceedings are still pending against the union leader, and if so, to engage with the company and invite it to consider withdrawing any disciplinary measures imposed or proceedings pending. Recalling that the disciplinary proceedings were engaged in response to violations of strike prohibitions, which were themselves contrary to the principles of freedom of association, the Committee trusts that this issue will be resolved without delay and requests the Government to keep it informed of any developments in this respect.