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Repetition 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.
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.
The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
The Committee notes the information provided by the Government in April 2007, in reply to its 2005 observations. The Government also provided information in October 2007 in relation to the observations made by the National Congress of Thai Labour (NCTL).
1. Article 6, subparagraph (b), clause (iv), of the Convention. Measures to facilitate the movement of migrant workers across borders. The Government indicated that the Department of Employment of the Ministry of Labour has taken steps to assist those who are seeking employment overseas. Such measures have included negotiations for employment quotas for Thai workers not only with those countries which mainly receive Thai nationals, but also with other countries. Additionally, joint committees have been set up between sending and receiving countries to address problems related to employment. Furthermore, Memoranda of Understanding has been concluded between Thailand and receiving countries to ensure that the fundamental rights of Thai nationals working overseas are protected. At present, such agreements have been signed with Japan, the Republic of Korea and Malaysia. The Committee also notes the measures taken by the Government to open up legal migration channels through bilateral agreements with Cambodia, the Lao People’s Democratic Republic and Myanmar. It also notes the schemes to provide legal status to illegal migrant workers so that they would be entitled to rights and benefits equal to Thai nationals. The Committee would appreciate receiving information on how these bilateral agreements have been effective in fully protecting migrant workers. The Committee would welcome receiving further information on whether measures have been taken to increase awareness and restore confidence amongst jobseekers in public employment services to secure employment abroad.
2. Strengthening public employment services to adequately protect migrant workers. The Government’s report indicates that several measures have been taken to address the needs of migrant workers. These include coordinating labour migration especially with respect to assisting agricultural workers find employment during the off season, organizing job fairs where jobseekers can directly meet employers; providing job-related information and employment guidance in remote rural areas and small communities and penalizing private recruitment agencies engaged in unfair practices. The Committee refers to its observation on the application of Convention No. 122 and requests the Government to continue providing detailed information on measures to strengthen employment services to protect migrant workers during recruitment and placement.
3. Effective cooperation between public employment service and private employment agencies. To achieve such cooperation, the Government recalls that it enacted the Recruitment and Job-Seekers Protection Act B.E. 2528 (1985) which allows private sector enterprises to establish recruitment agencies upon obtaining a government licence. The Government has taken several measures to guarantee that cooperation with licensed private recruitment agencies will be performed effectively. Such measures include arranging annual meetings of representatives of recruitment agencies to keep them updated on laws and regulations. It also includes regular inspections of recruitment agencies and setting up of counter‑fraudulence employment centres in every province. The Committee invites the Government to continue to provide information on the appropriate measures taken in order to achieve cooperation between the public employment service and private employment agencies in the field of international migration.
4. Part IV of the report form. Information on public employment services. The Committee notes the observations submitted by the National Congress of Thai Labour (NCTL) in May 2007 indicating that there is no information regarding job vacancies and recruitment in both public and private employment services. The NCTL also stated that public employment services are still the only source for information and that such information is not available from private agencies. Furthermore, grievance procedures, inspections and penalties associated with malpractices need to be strengthened to ensure effective implementation of the legislation. In a reply received in October 2007, the Government indicates that job vacancy information is available online via its 86 centres and job recruitment can be accessed via the Internet. The Committee requests the Government to furnish statistical information available in published annual or periodical reports concerning 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.
1. Article 6(b)(iv) of the Convention. Measures to facilitate the movement of migrant workers across borders. The Government indicated that the Department of Employment of the Ministry of Labour has taken steps to assist those who are seeking employment overseas. Such measures have included negotiations for employment quotas for Thai workers not only with those countries which mainly receive Thai nationals, but also with other countries. Additionally, joint committees have been set up between sending and receiving countries to address problems related to employment. Furthermore, Memoranda of Understanding has been concluded between Thailand and receiving countries to ensure that the fundamental rights of Thai nationals working overseas are protected. At present, such agreements have been signed with Japan, the Republic of Korea and Malaysia. The Committee also notes the measures taken by the Government to open up legal migration channels through bilateral agreements with Cambodia, the Lao People’s Democratic Republic and Myanmar. It also notes the schemes to provide legal status to illegal migrant workers so that they would be entitled to rights and benefits equal to Thai nationals. The Committee would appreciate receiving information on how these bilateral agreements have been effective in fully protecting migrant workers. The Committee would welcome receiving further information on whether measures have been taken to increase awareness and restore confidence amongst jobseekers in public employment services to secure employment abroad.
4. Part IV of the report form. Information on public employment services. The Committee notes the observations submitted by the National Congress of Thai Labour (NCTL) in May 2007 indicating that there is no information regarding job vacancies and recruitment in both public and private employment services. The NCTL also stated that public employment services are still the only source for information and that such information is not available from private agencies. Furthermore, grievance procedures, inspections and penalties associated with malpractices need to be strengthened to ensure effective implementation of the legislation. In a reply received in October 2007, the Government indicates that job vacancy information is available on-line via its 86 centres and job recruitment can be accessed via the Internet. The Committee requests the Government to furnish statistical information available in published annual or periodical reports concerning 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.
The Committee notes that the Government’s report has not been received. It is therefore bound to repeat it 2005 observation, which read as follows:
The Committee notes the information in the Government’s report received in November 2004, which responded to the comments made in the Committee’s 1999 direct request. In February 2005, the Committee received from the National Congress of Thai Labour (NCTL) an observation to which the Government supplied its own comments.
1. Measures to facilitate the movement of migrant workers and cooperation with private employment agencies. The NCTL states that fraudulent practices are still used against jobseekers wishing to work overseas. Part of the problem is the lack of confidence jobseekers have in the services provided by the Government or in the fairness of government regulations. The NCTL invites the Government to be more proactive in publicizing its public employment services in order to reach greater numbers of jobseekers wishing to work overseas. It also invites the Government to regularly review the measures taken. In this respect, the NCTL adds that the Committee on the Development of Employment and Jobseekers Protection (CDEJP) functions inefficiently, and many jobseekers are unaware of the CDEJP’s services. The NCTL recommends providing the CDEJP with greater governmental support so that it can play a more active role.
2. In its reply, the Government enumerates the measures taken to address the deception against and exploitation of jobseekers by private recruitment agencies:
– Defensive measures: Private recruitment agencies are monitored to ensure compliance with national legislation, and violations result in severe punishment. The Department of Employment collaborates with the Immigration Bureau to monitor workers going overseas. At airport checkpoints, workers must report in person and show valid documents indicating authorization to work abroad. The Government is continually engaged in campaigns to provide jobseekers with information on the procedures required to work abroad legally.
– Offensive measures: The Government has established counter-fraudulence centres in employment offices at the provincial level to distribute information about overseas employment as well as to receive claims from jobseekers deceived by private recruiters. The sanctions taken against private recruitment agencies in violation of laws are also duly registered.
3. The Committee recalls that the public employment service shall take appropriate measures to “facilitate any movement of workers from one country to another which may have been approved by the governments concerned” (Article 6, subparagraph (b)(iv) of the Convention and Paragraph 27(2) of the Employment Service Recommendation, 1948 (No. 83), regarding international cooperation among employment services in the field of international migration). Furthermore, necessary measures shall be taken to secure effective cooperation between the public employment service and private employment agencies (Article 11 of Convention No. 88). Also keeping in mind the Committee’s comments on the application of the Employment Policy Convention, 1964 (No. 122), the Committee hopes that the Government will strengthen its public employment service in order to adequately protect migrant workers. It asks the Government to provide further details on the arrangements made to give full effect to Article 11 of Convention No. 88. The Committee also refers to the more recent provisions adopted by the International Labour Conference at its 85th Session (1997) concerning the prevention of abuse against migrant workers recruited by private employment agencies contained in Convention No. 181 and Recommendation No. 188. It recalls that Convention No. 181 recognizes the role played by private employment agencies in the labour market and the need for cooperation between the public employment service and private employment agencies.
The Committee hopes that the Government will make every effort to take the necessary action in the very near future.
[The Government is asked to reply in detail to the present comments in 2007.]
n Defensive measures: Private recruitment agencies are monitored to ensure compliance with national legislation, and violations result in severe punishment. The Department of Employment collaborates with the Immigration Bureau to monitor workers going overseas. At airport checkpoints, workers must report in person and show valid documents indicating authorization to work abroad. The Government is continually engaged in campaigns to provide jobseekers with information on the procedures required to work abroad legally.
n Offensive measures: The Government has established counter-fraudulence centres in employment offices at the provincial level to distribute information about overseas employment as well as to receive claims from jobseekers deceived by private recruiters. The sanctions taken against private recruitment agencies in violation of laws are also duly registered.
3. The Committee recalls that the public employment service shall take appropriate measures to "facilitate any movement of workers from one country to another which may have been approved by the governments concerned" (Article 6, subparagraph (b)(iv) of the Convention and Paragraph 27(2) of the Employment Service Recommendation, 1948 (No. 83), regarding international cooperation among employment services in the field of international migration). Furthermore, necessary measures shall be taken to secure effective cooperation between the public employment service and private employment agencies (Article 11 of Convention No. 88). Also keeping in mind the Committee’s comments on the application of the Employment Policy Convention, 1964 (No. 122), the Committee hopes that the Government will strengthen its public employment service in order to adequately protect migrant workers. It asks the Government to provide further details on the arrangements made to give full effect to Article 11 of Convention No. 88. The Committee also refers to the more recent provisions adopted by the International Labour Conference at its 85th Session (1997) concerning the prevention of abuse against migrant workers recruited by private employment agencies contained in Convention No. 181 and Recommendation No. 188. It recalls that Convention No. 181 recognizes the role played by private employment agencies in the labour market and the need for cooperation between the public employment service and private employment agencies.
[The Government is requested to reply in detail to the present comments in 2006.]
The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its 1999 direct request, which read as follows:
The Committee notes the information contained in the Government’s detailed report for the period ending September 1999. It also notes the comments of the Employers’ Confederation of Thailand (ECOT) concerning establishing advisory committees for cooperation with representatives of employers’ and workers’ organizations. Please supply further information on how cooperation is assured, as required under Articles 4, 5 and 10, of the Convention.
Article 9(4). ECOT considers that the employment service staff should have broader training. Please specify the content of training required of the employment service staff.
Article 11. The Committee also notes that the Government’s report does not provide information on how cooperation with private placement agencies is facilitated, and that the Job-Seekers Protection Act, 1985, enclosed with the report, only regulates private agencies. Furthermore, ECOT states that cooperation with private not-for-profit placement agencies is poor. Please include in the next report details on how cooperation is facilitated.
The Committee notes the information contained in the Government's detailed report for the period ending September 1999. It also notes the comments of the Employers' Confederation of Thailand (ECOT) concerning establishing advisory committees for cooperation with representatives of employers' and workers' organizations. Please supply further information on how cooperation is assured, as required under Articles 4, 5 and 10, of the Convention.
Article 11. The Committee also notes that the Government's report does not provide information on how cooperation with private placement agencies is facilitated, and that the Job-Seekers Protection Act, 1985, enclosed with the report, only regulates private agencies. Furthermore, ECOT states that cooperation with private not-for-profit placement agencies is poor. Please include in the next report details on how cooperation is facilitated.
The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
The Committee notes the information provided by the Government in reply to its earlier comments.
It notes, in particular, in relation with its comments concerning Articles 4 and 5 of the Convention, that a tripartite Advisory Council for National Labour Development has been established under the authority of the Prime Minister for the purpose of providing advice to the Government on matters relating to labour.
The Committee would be grateful if in its future reports the Government would continue to supply information on organization and functioning of public employment service, showing the actions taken in recent years to implement the various provisions of Article 3 (the establishment of a network of local and, where appropriate, regional free public employment offices, sufficient in number and conveniently located); Article 6, in particular paragraph (b) (measures taken to facilitate occupational and geographical mobility and transfers of workers from one area to another); Article 7 (measures taken to facilitate specialisation by occupation and by industries and to meet adequately the needs of particular categories of applicants for employment, such as disabled persons); and Article 8 (special arrangements for juveniles within the framework of the employment and vocational guidance services).
The Committee would be grateful if in its future reports the Government would continue to supply information on organisation and functioning of public employment service, showing the actions taken in recent years to implement the various provisions of Article 3 (the establishment of a network of local and, where appropriate, regional free public employment offices, sufficient in number and conveniently located); Article 6, in particular paragraph (b) (measures taken to facilitate occupational and geographical mobility and transfers of workers from one area to another); Article 7 (measures taken to facilitate specialisation by occupation and by industries and to meet adequately the needs of particular categories of applicants for employment, such as disabled persons); and Article 8 (special arrangements for juveniles within the framework of the employment and vocational guidance services).