Suites données aux recommandations du comité et du Conseil d’administration - Rapport No. 329, Novembre 2002

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

1. 136. The Committee last examined this case at its March 2002 meeting when it expressed its concern over the maintenance by the State Enterprise Labour Relations Act (SELRA) of a situation of trade union monopoly in state enterprises, broad powers granted to the Registrar to oversee certain internal affairs of the trade union, a general prohibition of strikes and severe penalties for strike action, even when peaceful. The Committee asked the Government to take necessary measures to amend the SELRA so as to bring it fully into conformity with the principles of freedom of association. It further requested the Government to send a copy of the additional proposed amendments to the Labour Relations Act that at the time were under consideration by the Council of State [see 327th Report, paras. 107-112].
2. 137. The Committee notes the Government’s communication of 7 October 2002 in which the Government indicates that the SELRA was a result of a democratic process, agreed upon and supported by all concerned parties. The Government further states that since the Act has been in force, it has benefited employers, state enterprise employees and the public at large. Referring to the observations of the Committee, the Government states that the commented sections of the Act were adopted with a view to enable a state enterprise trade union to become a consolidated, strong and true representative organization of state enterprise employees, to prevent a problem related to power struggles among trade union leaders caused by the competition in establishing a state enterprise trade union, as well as to enable the labour administration to be transparent, able to bring response to real needs of employees, good relations within the organization and to generate peace and stability. According to the Government, in order to achieve the said objectives, the Registrar has to be granted with discretion to oversee activities of a trade union. As concerns strike prohibition, the Committee notes that the Government states that the state enterprises of Thailand are established to run businesses for national security, to provide essential public services and to run businesses for sake of national economy; any industrial action is therefore forbidden.
3. 138. The Committee takes note of this information. It regrets that no progress has been made in respect of its previous recommendations. Accordingly, the Committee reiterates its previous comments and once again urges the Government to take the necessary measures to amend the act in order to bring it fully into conformity with the principles of freedom of association and to keep it informed of any developments in this regard. It recalls to the Government that the technical assistance of the Office is available in this respect, should the Government so desire.