International Labour Standards and Thai Trade Unions Agenda for Labour Law Reforms

The Government of Thailand is currently discussing labour law reforms. This meeting aims to faciliate trade unions review of main issues in regard to labour laws reforms, develop a joint agenda for social dialogue with the government and plan for follow up actions to promote labour law reforms in line with principles of freedom of association and recommendations of ILO’s Committee on Freedom of Association.

Thailand has ratified 17 ILO Conventions, including 5 out of 8 fundamental conventions. What is of significance from the point of view of workers is that despite Thai trade Unions long-standing demand and public commitments of the Government, the ratification of C 87 and C 98 is yet to happen. As founding member of ILO, it is hoped that Thailand will ratify these fundamental conventions soon, and certainly before the ILO marks its first 100 years in four years’ time.

It is estimated that about 2% of the workforce is organized into trade unions and the Government’s data shows that less than half percent of private enterprises in Thailand had unions (2015). This low trade union density is a result of combination of factors such as restrictive laws, resistance from employers and lack of enforcement of workers’ rights that in the end also weakens trade unions capacities to represent workers effectively. Unions exists in about 34 provinces out of total of 76, which gives rise to the question as to who is representing workers in the tripartite committees at the provincial level in these provinces.

At the same time, a number of challenges face workers and unions in the exercise of the rights to organize and collective bargaining and industrial relations situation is often conflictual. Lack of respect for workers’ rights and weaknesses in the disputes resolution machinery also adversely affects the migrant workers who often suffer from serious labour rights abuses. Violation of FoA rights are also reflected in the cases filed with ILO’s Committee on Freedom of Association (CFA). The Ministry of Labor (MOL)’s Working Committee to Amend Labor Laws has been working on the reforms for quite some time and it is hoped that reforms will address the concerns of workers organizations and ILO’s CFA recommendations.