Effect given to the recommendations of the committee and the Governing Body - Report No 389, June 2019

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

1. 91. The Committee last examined this case concerning allegations of judicial and disciplinary harassment of four leaders of the Thai Airways International Union (TG Union) and failures in Thai 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 March 2017 meeting [see 381st Report, paras 549–582]. On that occasion, the Committee made the following recommendations [see 381st Report, para. 582]:
   • (a) Noting with interest the Government’s indication that the tripartite working group revising the SELRA proposed deleting sections 33 and 77 of the SELRA, the Committee trusts that the revision process will result in the abrogation of these provisions without delay and requests the Government to keep it informed of the progress made in this regard.
   • (b) Considering that, upon the claim for damages lodged by the company over losses allegedly attributable to the protest action, the damages ordered against the four union officials are based on violations of strike prohibitions which are themselves contrary to the principles of freedom of association, and that their excessive amount is likely to have an intimidating effect on the TG Union and its leaders and inhibit their legitimate trade union activities, the Committee trusts that the Supreme Labour Court will be informed by the Government of the Committee’s conclusions concerning the principles of freedom of association. The Committee requests the Government to keep it informed of developments in this regard and to provide a copy of the Supreme Labour Court’s decision once it is handed down.
   • (c) Considering that the disciplinary measures imposed by the company against officials of the TG Union due to the conduct of the protest have been imposed in response to violations of strike prohibitions, which are themselves contrary to the principles of freedom of association, the Committee trusts that the Labour Court will be informed by the Government of the Committee’s conclusions concerning the principles of freedom of association and requests the Government to keep it informed of any developments in this regard.
2. 92. In a communication dated 27 September 2017, the Government indicates that the Ministry of Labour proposed to delete sections 33 and 77 of the State Enterprise Labour Relations Act (SELRA) so as to grant state enterprises’ labour unions the right to strike in accordance with the procedures prescribed by the law and that the draft SELRA is in the process of being submitted to the Cabinet for approval of principles. The Government further indicates that the four defendants were scheduled to hear the Supreme Labour Court final decision on 4 September 2017.
3. 93. The Committee takes note of the information provided by the Government. It observes that in a communication dated 20 September 2018, in the framework of Case No. 3164, the Government provides recent information regarding the ongoing legislative reform. It refers to its conclusions in that case.
4. 94. With regard to the Supreme Labour Court’s decision on the company’s claim for damages over losses allegedly attributable to the protest action, the Committee recalls its previous conclusions that the damages ordered against the four union officials were based on violations of strike prohibitions which were themselves contrary to the principles of freedom of association, and that their excessive amount was likely to have an intimidating effect on the TG Union and its leaders and inhibit their legitimate trade union activities. Regretting that the Government does not provide any information on the final decision which, according to the Government, was scheduled for 4 September 2017, the Committee trusts that its conclusions concerning principles of freedom of association were brought to the attention of the Supreme Labour Court and requests the Government to provide a copy of the decision without further delay.
5. 95. The Committee further regrets that the Government does not provide any information on the appeal before the Labour Court against the disciplinary measures imposed on officials of the union and recalls its previous conclusions that such disciplinary measures were imposed in response to violations of strike prohibitions, which were themselves contrary to the principles of freedom of association. The Committee trusts that the Labour Court has been informed by the Government of the Committee’s conclusions on this matter and requests the Government to keep it informed of any developments in this respect.