Report in which the committee requests to be kept informed of development - Report No 208, June 1981

1. 237. In a letter dated 12 September 1980, the Bank Labour Union Group (BLUG) presented a complaint to the ILO concerning alleged infringements of the exercise of trade union rights in Thailand. BLUG sent additional information on 12 January 1981. The Government presented its observations in a letter of 26 February 1981.
2. 238. Thailand has not ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), nor the Right to organise and Collective Bargaining Convention, 1949 (No. 98).

A. Allegations of the complainants

1. 239. The original complaint referred to the Government's delay in registering the Bank of Thailand Trade Union (BTTU), whose application was submitted to the Department of Labour and the Ministry of the Interior of Thailand, by 14 employees of the Bank of Thailand (members of BLUG), for the purpose of organising their own union.
2. 240. Supplementary information sent by BLUG indicates that their application which was submitted on 23 June 1980 remained unanswered. Moreover, the Labour Congress of Thailand notified the BTTU that it fully supports their demand. After BLUG transmitted a number of additional letters to the Ministry of Labour and Ministry of the Interior requesting information on the matter, the Government responded by issuing the Royal Decree of 20 September 1980 (B.E.2523), which excluded the Bank of Thailand from the application of the Labour Relations Act, 1975 (on the basis that damage to the nation's economy can be brought about by possible strikes). BLUG was notified of the Government's decision not to allow BTTU'S formation on 2 October 1980.

B. Reply of the Government

1. 241. In its communication of 26 February 1981, the Government confirms that, the Registrar was unable to register the BTTU's application as a consequence of the Royal Decree dated 20 September 1980, regulating the non-enforcement of the Labour Relations Act of 1975 in the case of the Bank of Thailand. The Government observes that the reason for the issuance of the Royal Decree is that the Bank of Thailand is authorised and empowered to control and regulate the activities of all commercial banks on behalf of the Ministry of Finance and to act as the official Central Bank of the Government. Therefore, in order for it to perform its crucial duty properly, according to the law, the Bank of Thailand should not come under the Labour Relations Act of 1975, which guarantees the right of association to employees of other private or state enterprises.

C. Conclusions of the Committee

1. 242. The Committee notes that this case concerns the issuance of the Royal Decree, which excludes the Bank of Thailand from the scope of the Labour Relations Act, 1975, resulting in a situation whereby the trade union formed by 14 of its employees could not be registered. This, in fact, denies these workers the right to organise.
2. 243. The Committee takes note of the Government's statement that the reason for issuance of the Royal Decree is that the Bank of Thailand is empowered to act as the official Central Bank of the Government.
3. 244. In particular, the Committee notes the observations supplied by the Government, namely, the importance of the unique functions performed by the employees of the Bank of Thailand, which could justify their exclusion from the Labour Relations Act. Nevertheless, the Committee would point out, as it has already done in other cases, that workers, without distinction whatsoever, which include both public servants and the employees of state enterprises should have the right to establish organisations of their own choosing.
4. 245. In these circumstances, and given the importance the Committee attaches to this principle, it considers that it would be useful if the Government were to keep it informed of the measures, legislative or other, it may contemplate taking to recognise the right to organise of employees of the Bank of Thailand.