Suites données aux recommandations du comité et du Conseil d’administration - Rapport No. 359, Mars 2011

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

1. 198. The Committee last examined this case, which concerns obstruction and violation of the right to organize and bargain collectively, at its March 2010 session [see 356th Report, paras 184–188]. On that occasion, the Committee once again requested the Government to review the situation of the 178 trade unionists who had resigned from their jobs and, if the allegations of acts of anti-union discrimination influencing their resignation were found to be true, to take the necessary measures for their reinstatement, should they still so desire. Moreover, the Committee once again requested the Government to take the necessary measures to ensure that the union and the employer engage in good faith negotiations, with a view to concluding a collective agreement on terms and conditions of employment.
2. 199. In a communication dated 20 September 2010, the Government states that the resignation procedure concerning the 178 trade unionists was conducted without illegal actions or discrimination and that the labour officers have informed the concerned trade unionists of their right to file a complaint against the employer before the Labour Protection and Welfare Provincial Offices of the Labour Court, should they feel dissatisfied with the treatment proposed by the employer. The Government indicates that according to section 121 of the Labour Relations Act B.E. 2518, which provides protection against unfair labour practices, an employee has the right to file a complaint against the acts of an employer within 60 days of the violation. According to the Government, since the employees did not exercise their rights, the case has reached its conclusion and therefore, the case before the Committee should be closed.
3. 200. The Committee notes the information provided by the Government. The Committee recalls, however, that this case concerns not only the situation of the 178 trade unionists who had resigned from their jobs, allegedly on the ground of acts of anti-union discrimination, but also the dismissal of ten trade unionists, which the Committee has already indicated it was inclined to consider to have been discriminatory in nature, as well as a collective bargaining process which was interrupted when the abovementioned dismissals and resignations took place.
4. 201. As to the situation of the 178 trade unionists, the Committee requests the complainant organization to provide information on the reasons why the concerned employees decided not to exercise their right to file a complaint against the acts of their employer. As to the other allegations, the Committee once again requests the Government to provide information on whether the Labour Court, in its hearing of the dismissal of the ten trade unionists (No. 780–787/2008), was in full possession of all the material facts referred to in the Committee’s previous conclusions, including the report of the Thailand National Human Rights Commission, and requests the Government to transmit a copy of the judgement once handed down. It also requests the Government once again to initiate discussions in order to review the possible reinstatement of the ten workers or, if reinstatement is not possible, the payment of adequate compensation. Finally, the Committee requests the Government to take the necessary measures to ensure that the union and the employer engage in good faith negotiations, with a view to concluding a collective agreement on terms and conditions of employment. The Committee requests the Government to keep it informed of any development in respect of all these issues.