BLSO School

The BLSO school is continuing to grow and support the children of migrant workers in Mae Sot. Below we have included some pictures of events. If you would like more information on how to volunteer or support the school please see the contacts page.


School Nutrition Program - 30th June 2006
The teachers identified the lack of good quality nutrition for the children. At lunch time the children were not eating and often had not had breakfast. We now provide meals to the students in order to assist their nutrition needs which increases their abilitiy to concerntrate. Lack of funding means we cannot provide food every day. If you would like to expand this program please contact us.

Training and Education Activities

An important part of the work of the BLSO is the holding of training and education sessions. These meetings are held on a range of issues including workers rights, human rights, anniversaries, lliterature, culture, health and social justice issues. Below are images of some of the activities we have hosted and attended.


How Migrant Workers Access Labour Rights Protection 21st June 2006 Forum Asia Foundation and Human Rights Commmittee, Lawyer Council of Thailand

Round Table Tuesday, June 27, 2006 Thai Labour Campaign

The purpose of this meeting was to increase communication between Thai and Burmese workers, trade unions and migrant groups. The roundtable was sponsored and organized by the Thai Labour Campaign (TLC), which has offices in Bangkok and Mae Sot. Several Thai trade unions were present from railway, transportation and other state enterprises.

1990 election 16th anniversary - 21st May 2006
The stole election of 1990 were the subject of a meeting held in the school on the 21st of May 2006. Speakers talked of the need to continue to orgnaise to claim back the democratic victory earned in 1990. The people attending were predominately construction workers and their families. The BLSO concluded their meeting with a meal and drinking water.

116th May Day - 1st May 2006
Each year the BLSO comemorate May Day - International Workers Day. A range of speakers discussed labour and human rights issues particularly in regard to migrant labour laws. The history of the international labour movement was also detailed putting their efforts to organsie in a historical context.

The history of BLSO School

The people of Burma are facing unemployment problems and financial difficulties in
their country dub to the military government's incompetent management and corruption
within governmental institutions. Moreover, as a result of the political instability within
the country, unemployed people migrate illegally to neighboring countries. It has been over
53 years since the civil war broke out. With that civil war, the migrating families arrive as
refugees to the comps along the Thai-Burma border.

The economic crisis (including unemployment), imposition of forced labor and
portering by the regional authorities, and the firing of the military government's soldiers,
forces people to desert their homes and villages and migrate to Thailand illegally. Their
illegal status remains whilst they work individually, or with families, along the border or in
Thailand. There are about three million refugees on the Thai border, and according to the
statistics of 2001, 48% of them are under 18. In fact, 36,768 of these refugees are under 12
years old.

According to the Burmese workers' registration, five and a half million Burmese
people are living and working illegally in Thailand. To give the gift of education to the
children of these migrant workers is to invest in the future of our country. Moreover, it
helps the communities of these children to be more peaceful and secure.
Yaung Chi Oo School is among the workers barracks in the border town of Mae Sot.
In addition, there are two wool garment factories, a stone grinding factory, a knitting
factory and paper works factory nearby. This school was opened for the benefit of the
children of ten thousand workers from these factories and barracks. Over one hundred
students enrol every year.

The school, cooperating with migrant workers, was founded in 1999 and began with
23 students. In 2000, Yaung Chi Oo Primary School was opened (starting with 60
students) with the sponsorship of the Burma Labor Solidarity Organization (BLSO).
Many Burmese citizens are migrating and working in Thailand illegally, due to
economic crises, which is a direct consequence of political instability in Burma. Like their
parents, the children are brought up insecurely and starving in Thailand. As the drug and
child smuggling business is getting bigger and bigger, the children's lives are getting worse
and worse. The children, growing up in such a situation, are used and abused as drug
smugglers, prostitutes, soldiers, beggars, and in other illegal business such as trafficking.
Yaung Chi Oo school helps to protect the children from facing such situations and gives
them an education. Up to now, the school, cooperating with Social Action for Women
(SAW), has saved 23 children who were orphaned, discarded or sold. Child smuggling
gangs and brokers (carriers), collect and buy the children from migrant workers living
inside and around Burma, and send them to Thailand, including Bangkok. The gangs favor
these children for slave labor and prostitution.

Burma is included in the list of countries that produce the most opium. Children are
used in drug smuggling not only as carriers, but also as sellers.

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According to a survey on 300 children in border areas:
· Only 37.6% had a birth certificate.
· 18% were sold.
· 8.6% were involved in drug smuggling.
Yes Percentage No Percentage
Birth Certificate 82 37.6% 218 62.4%
Sold 46 18.0% 254 82.0%
Relation with Drug 26 8.6% 274 91.4%
Goals for opening the school
For children along the border:
· To develop their own language and learn about their culture.
· To receive an education and acquire knowledge that can be used in future
Burma.
· To promote their own health knowledge and other dieseas
· To promote and maintain physical, mental and social wellbeing, including the
building of a strong character.
· To learn about human rights principles, and participate in social welfare.
· To be protected from drug addiction, sexual abuse and smuggling.
Nameand
address of the
school
Life Pages (Yaung Chi Oo) School
Ban.Htong Htawn (nearhinese School) Mae Sot, Tak,Thailand.
Classes Elementary-6th Standard
School days Monday to Friday
Average age of
5 yrs- 18 yrs
Students 1999-00 2000-01 2001-02 2002-03 2003-04 2004-05
Male M 10 M 27 M 36 M 54 M 69 M 91
Female F 13 F 34 F 40 F 58 F 82 F 95
Total To-
23
To-
61 To- 76 To- 112 To- 151 To- 186

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Teachers List 2004-2005
No. Staff Name Age Education Duty
1. U Myint Aung 30 B.Sc (Physics) Principal
2. U Min Min 29 B.Sc(Mathematics) Joint Principal
3. Daw San 32 B.A(History) Teacher
4. Daw Nge Lay 21 University Entrance Teacher
5. Daw Thuzar 20 University Entrance Teacher
6. Daw Yi Yi Win 23 University Entrance Teacher
7. Daw Cho Cho Khaing 22 University Entrance Teacher
8. Daw Naw Bue May Paw 20 University Entrance Teacher
9. U Win Cho 36 Final year for Maths Teacher
Subjects taught in Yaung Chi Oo School
1. Myanmar
2. English
3. Mathematics
4. General science
5. Geography and social science
6. Sewing and weaving
7. Art and music
8. Thai language
9. Burmese culture
School Management Committee
The School Management Committee was formed by electing parents,
teachers and advisers on March 9th, 2003. The Committee holds meetings every 2
months, in order to discuss work programs. The committee intends to improve the
quality of the school by taking responsibility for the needs of the school and dealing
with problems that may arise. The committee is for a one-year term, and reforms
each March.

Advisory board for School Management Committee
1. Daw Aye Aye Mar-Social Action for Women (SAW)
2. U Zaw Htun-Assistance Association of Political Prisoners (AAPP)
3. U Theik Htun Oo-Burma Labor Solidarity Organization(BLSO)
4. Daw Nyo Nyo Myint-(Committee for Promotion and Protection of Child Rights
(CPPCR)
5. Dennis Daws (aka) Mun Aung

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School Management Committee for (2004-2005) Academic Year
1. U Nyawt -Chair
2. U Khin Maung San -Vice chair
3. U Myint Aung -Secretary
4. U Min Min -Member
5. Daw Cho Cho Khaing -Member
6. Daw San -Member
7. Daw Yi Yi Win - Member
8. U Thant Zin -Member
9. Daw Nge Lay - Member

Special School Activities for Children and Burmese Workers
Yaung Chi Oo School provides Burmese migrant children an education.
Moreover, due to its goal, the school, led by the School Management Committee,
tests children's health (including dental health), gives protective medicine, holds
lectures, traditional ceremonies, sports, games and dances.
In addition, TBA training, work shops for protecting drug addiction, lectures
on Health Education and ceremonies for World AIDS day, religious ceremonies and
healthcare activities are held for Burmese workers in the school. As development
of a country depends on literature, and expansion of school libraries, the school will
form a reading team for the workers near the school.

Future Work Programs of the School
1. To extend the school building
2. To teach living education for the student
3. To promote teaching methods, learning techniques and the acquisition of
additional materials
4. To ensure the children receive adequate nourishment
5. To subsidize school uniforms
6. To improve transportation conditions for the students
7. To supply sports equipment
8. To provide learning tools for art and music classes
9. To promote the learning of the Thai language
10. To open a pre-school
11. To teach computer skills
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Photos
Previous Time
School Picture
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Students From BLSO
School Building

Alien Work Permit Act

Alien Work Permit Act B.E 2521 and Penalty for Employers and Migrant Workers Burmese, Laos and Cambodians if Adopted Laws are Broken

Down
Penalty or acts concerned on penalties Type of Penalties Sentence
Section 22 Employer
Appointment the aliens who have no work permit
(or) without following up according to fill the data
in the form
Section 39
Employer
At least three years imprisonment (or) 60,000 Baht
fine (or) both can be punished.
Section 23 Employer
Appointment the aliens (or) forcing the employees
to work outside from the limited work site (or)
absence to forward report to authorities telling
about the alien workers who stepped down from
the jobs
Section 40
Employer
At least 1,000 Baht fine.
Section 7 Employee
Working without work permit by illegal migrant
Section 34
Employee
At least three months imprisonment (or) 5,000
Babt (or) both can be punished.
Section 21 Employee
Working another job without doing in limited
work or moving and working in another job
without doing limited work place.
Section 21
Employee
One month imprisonment (or) 2,000 Baht fine or
both can be punished.
Section 37 Employee
Work is being carried on after
the work permit was expired.
Section 37
Employee
At least three months imprisonment or 5,000 Baht
fine or both can be punished.
Section 63 Employer
Trafficking illegal migrants from other nations
into the country is opposing law and providing
shelter and protection on alien workers.
Section 63
Employer
Maximum prison-term for 10 years and 100,000
Baht fine.
Section 64 Employer
Various supports such as sheltering, covering are
allowed for illegal migrants turning into blind-eye.
Section 64
Employer
Maximum prison-term for 5 years and 100,000
Baht fine.
Section 81 Illegal migrant worker
Living in the country without permission or living
continuously after target date on work permit is
expired or holding the work permit that is expired
date.
Section 81
Illegal migrant worker
Two years maximum prison-term or 2,000 Baht
fine or both of imprisonment and fine can be
punished.

Reports - Pilot ethical production 2002

Burma Labour Solidarity Organization

PILOT REPORT on ETHICAL PRODUCTION 14.2.2002
Introduction
Due to the deteriorating economy, the unstable political situation, and the decade long closure of the
universities, the unemployment level has dramatically increased in Burma under the military
government's rule. Further more, extremely low wages and rocketing commodity prices make it
increasingly difficult for the average citizen to provide for their daily needs. Taxes, porter fees, USDA
fees, etc. place an additional burden on their survival.
This deterioration of living standards in Burma under the military government has lead to an alarming
rise in the numbers of Burmese leaving the country. Those who are able to obtain a passport find work
abroad, usually illegally, and send money home. Most Burmese, however, flee to neighboring
countries and become part of the growing illegal migrant labor pool there. Those who are forced to
escape to neighboring countries such as Thailand, India and China, hope to create a better life for their
families. Increasingly many more families are crossing into Thailand including the elderly and
children. These families have fled from the different states and divisions of Burma and from both the
countryside and urban area.
On June 25, 1996, the Thai government passed a resolution allowing migrants from Burma, Laos and
Cambodia to be employed as unskilled laborers in 43 of the 72 provinces, in 7 types of work in 11
sectors. These sectors include agriculture, fishing, downstream industries, construction quarries,
pottery and brick industries and in domestic labor. 303,088 migrant workers registered for the twoyear
work period. 263,782, or 87%, of registered migrants are people from Burma.
But, after the collapse of the Thai economy and the currency flooding announced by the Thai
government in July 1997 the National Security Council and the Labor Ministry announced a policy to
deport 300,000 undocumented migrant workers by May 1st 1999 .They also announced that there
would be no renewal of work permits. The Thai Government implemented its deportation policy of
Burmese migrant workers in November 1999, and all Burmese migrant workers were deported by
Thai authorities to the Burma border.
Thailand's economic situation later changed, however, and on July 27, 2001 the Labor Minister Dej
Boonlong said employers in 10 different types of business hiring Burmese , Laotian and Cambodian
workers must now register their foreigen employees with the provincial authorities and pay 4500Baht
per worker. A total of 559,541 foreign workers were registered in the labor ministry campaign by
October 25 2001, paying 1.8 billion Baht in fees to the state.
Of the total 559,541 foreign registered workers, including Laotians and Cambodias, in Thailand,
447,093 were Burmese. 47,489 of these Burmese workers were registered in the Measod area, Tak
Province.
Background
In 1995 there were only 5 garment and knitwear factories in Maesot, Tak Province. Two industrial
zones have been developed in Thailand over the last decade because industrialists and employers can
hire Burmese migrant workers at very low wages. One is the Maesot area and the other is situated in
southern Bangkok.
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Japan is the world's most expensive country in which to operate a business due to high labor, rental
and expatriate costs, according to a survey by the Economic Intelligence Unit (EIU). After Japan, the
United States and Germany rank as being the most costly, mainly due to high labor costs.
Thailand, however, was ranked as one of the cheapest countries to run a business, ranking 29th
in the EIU survey of 31 countries; only Hungary and Indonesia placed cheaper. The survey
examined labor costs, business travel costs for expatriate staff, corporate taxes, perceived
corruption levels, office and industrial rents, telecommunications and transport costs.
Elsewhere in the region, Hong Kong came in 14th place despite having the lowest corpoerate taxes,
followed by Korea and Taiwan. On the other hand, Thailand is deemed to be more stable in its
political situation than some of the other Association of Southeast Asian Nations ( Asean) countries.
Many foreign companies, especially from Taiwan and Hong Kong , have moved to the Maesot area to
take advantage of these benefits.
In November 1999, when the Thai government forced the deportation of illegal migrant workers,
there were 72 registered factories, included canneries and textile factories, in Maesot, Tak Province.
After the registration period for Burmese migrant workers, on October25, 2001, it was estimated that
there was a total of 120 factories including more than 50 small, medium and large textile industries in
the Maesot area, Tak Province.
Body of the report
We estimate that there are nearly 60 clothing factories in the Maesot area including small domestic
garment factories.
Regarding footwear industries, there are only two factories owned by Thai businesses in the Maesot
area. The products of the footwear are occasionally exported to Australia and Canada. Some of the
companies relating to the large garment and knitwear factories are from Hong Kong and Taiwan and
some are joint venture companies with Thai businessmen.
Some factories are owned by Thai businessmen. Sometimes, foreign companies lease these factories
for operations. For example, the Chow Knitting Industrial Co. Ltd and New Products KnitWear Co.
Ltd are included in the list of the largest factories leased for operations . In the last two years, these
factories have each employed between 4,000 and 3,000 workers.
In November 1999, most Burmese migrant workers were deported by the Thai government back to
Burma. At that time, 30 industrialist from Hong Kong and Taiwan, who had invested 13 billion
Baht in the Maesot area alone, sent a open letter to the Thai government urging against the mass
deportation of Burmese migrant workers. They had established the factories in agreement of the board
of investment's promotion agency, and the letter stated that the Thai Goverment's deportation program
totally broke this policy of foreign investment and that it was not fair because they had lost their
investments after all the factories stopped work due to the lack of Burmese workers.
Some large companies became business partners with smaller and medium sized factories. During
peak production when buyers place big orders and need a punctual delivery, the companies may share
quotas with other business partners in the Measot area. For example, Chow Knitting Industrial Co Ltd
has a partnership with the T.S.P. Industrial Co Ltd.
In the clothing industries, materials and labels were to be imported from the company's original
countries such as Hong Kong. The labor is done in Thailand and the finished product is then
exported to it's final destination such as the U.S.A.
If a company has a packing section in the factories then it is almost certainly a company that is
exporting to the foreign market directly. The Thai Customs Department insists that all clothing made
in Thailand must have the words "Made in Thailand" written on the label. Order sizes range, but may
be as large as 150,000 dozens.
Before an order is finished, a quality control checker (QC) will be sent by the buyers to check both the
quality and that products exactly match the product samples previously sent. American buyers who
have placed a big order usually will not accept even the slightest deviation. If a product does not meet
the expected quality, it is sent back to the factories.
475 members of the Thai Government Industries' Association provide 85% of the country's
garment exports. Mr. Suchart Chantranakaracha, the association's president said garment
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exports to the U.S. in the first 10 months of 2001 had slumped and had contributed to an 8%
fall in the country's total garment exports, down to 3.1 billion dollars in 2001.
The United States is the largest export market for Thailand, accounting for one-fifth of total
shipments. Among the top ten export categories to the United States, six declined, led by electrical
circuits, computers and accessories, foot wear and footwear parts.
The textile industry employs 843,200 people, representing 2.5% of the work force in Thailand.
Thai exports to USA
Jan-Oct 2001
Product Value (US$ m) % chng
Computers and equipment 1,371 -17.2
Garments 1,345 -7.4
Frozen shrimp 946 56.7
Electrical circuits 624 -35.7
Gems and jewelery 474 15.4
Televisions, radios and parts 456 -12.2
Rubber products 286 -1.1
Travel accessories 269 -0.6
Footwear and parts 265 -11.8
Furniture and parts 214 -8.7
Source: Business Economics Department, Commerce Ministry
Top 15 export products
Jan-Oct-2001
Product Value (US$m) % chng
Computers 6,537.5 -6
Electrical circuits 2,976.9 -17.9
Autos and parts 2.,707.4 7.2
Apparel 2,417.3 -8.6
Frozen shrimp 1,851.0 49.9
Gems and jewellery 1,495.4 9.8
Plastic pellets 1,421 -10.1
Televisions 1,302.4 -15.9
Rice 1,218.2 -7.7
Natural rubber 1,108.5 -11.5
Air-conditioners 1,045.0 9.4
Rubber products 913.6 1.9
Steel and related products 905.2 -24.9
Electrical appliances & parts 864.9 -4.2
Chemical products 781.4 -21.8
Source: Business Economics Department, Commerce Ministry
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Conclusion
1. Most of the garment and knit wear companies are from Hong Kong and Taiwan. Some companies
are joint ventures with Thai businessmen.
2. Most of these products were exported to the U.S.A.
3. The clothing industry moved to the Measod area because of very low wages in the labour market
and because the workers there have no rights.
4. " Made in Thailand" really means, "The Burmese migrant workers made these
products".
Reference
1. Dignity denied, published by the Asia Pacific Forum on Women, Law and Devlopment (APWLD)
2. Bangkok Post's "Business News"
3. 2001 Year-end Economic Review
4. Interviews with senior Burmese Migrant workers
Than Doke
In charge of Documentation and Research
BLSO

Reports - Report on Labour issues 2004

Burma Labour Solidarity Organization

13.1.2004

1000 Burmese workers laid off by the B.K fashion factory in Mae Sot
or
Migrant workers ignored by Thai Labour Protection Act ?

Background history of B.K. fashion factory
The factory was running the name of the Champion Knitting Factory Ltd in Measod, Tak
Province, Thailand until September in 1999. Then the factory gave the compansation – HK$
45 millions, compensation to the multinational company Gap and the factory changed name
– from Champion Knitting Factory Ltd to New Products Knitwear Co.,Ltd.
The factory is one of the biggest knitting factories in Mae Sot and employed over 1000
Burmese migrant workers.Most of workers from the factory are femal workers. All workers
are the registered workers with Thai labour office in Measod.
The workers from the knitting section from the New Product factory protested for higher
wages on 9th May,2002 and all workers from other sections supported to the protest. The
protest lasted for a week between on 9th May and 15th May 2002. But Thai authority
including police and the immigration raid and surrounded the workers from the knitting
section on 13th May 2002, at 7:30 AM. The police arrested 50 active workers, who lead the
protest, and deported them to Burma border (see – Appendix 2 - the report of the workers
protest from New Product factory for better wages). After the protest, the factory tightened
security including putting up aelectric fence around the factory.
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The factory used the name of the New Products Knitwear Co., Ltd until the last week of July,
2003. After July, 2003, the factory changed the name of the New Product Knitwear Co., Ltd
to the B.k fashion Co., Ltd. A few Thai workers from the factory worked under the name of
the Champion Knitting Factory Ltd although the Burmese workers were working under the
name of the B.K fashion factory.
The factory stopped working on 9th December, 2003 and all workers were fired by the
factory without getting the full compensation although the factory authority told workers that
the factory would be reopen in 1st March.
No Subject Names changed Period Remark
1. Factory Champion Knitting Factory Ltd Until September, 1999
2. Factory New Product Knitwear Co.,Ltd September, 1999 to July, 2003.
3. Factory B.K Fashion Co.,Ltd August, 2003 to 9th
December,2003
4. Factory Champion Knitting Factory Ltd July,2003 to December For Thai
workers
The relation between B.K Fashion factory in Measod and Sunrise Knitting factory
in Nakhon Sawan
The factory owner of the B.K fashion is Mr Pricha Sac Kang – a Thai citzen and the project
manager is Mr Don Choi. Although the name of the factory was usually changed to
Champion or New Product or B.K fashion, the factory owner , project manager and general
manager, who is from Hong Kong - Mr. Pang Man Chu were not changed.
Mr.Pang Man Chu and Mr Don Choi are the general manager and project manager of the
Sunrise Knitting Factory (Thailand )Ltd, which is located in Nakhon Sawan province,
Thailand. Sunrise Knitting Factory (Thailand) Ltd. is the subsidiary of Hong Kong South
Ocean Group’s factory in Thailand.
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The B.K factory owner – Mr Pricha Sac Kang , his wife and sister are the shares holders of
the Sunrise Knitting Factory (Thailand) Ltd from Nakhon Sawan province.
The Sunrise Knitting Factory has his own quotas. Customers of the Sunrise and B.K fashion
or New Product factory are J Crew and Tommy for the USA and Europe markets.
Most of orders for the Sunrise or New Product come from the Champion Knitwear
International Ltd from Hong Kong.
The situation before closing the BK Fashion factory
During in July,2003 after changing the name of the New Product Knitwear Co.,Ltd to the B.K
fashion, there was not enough regular work at the factory because the factory could not get
orders as before. The factory fired about 50 workers including a few workers under age in
July.
The factory have nine types of work, namely
1.Spining Section
2.Knitting Section
3.Patching Section
4.Sewing Section
5.Washing Section
6.Ironing Section
7. Labelling Section
8.Quality checking Section (Final Cloth Checking Section)
9.Packing Section
In August, the works from labeling and packing section were stopped .Workers from the
labeling section and the packing section moved to other section such as knitting, gip
,linking or ironing section.The factory was running with a few orders from other Measod
factory like Hang Thai factory in order to matain the workers.
During in October, there was not the regular work in the factory.
In the last week of October, the factory authority made the list of the workers , who want to
go back to Burma and who would like to take leave. The factory authority forced some
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workers to apply the leave at the office. But some femal workers cried because they did not
want to take leave to go back to Burma.So the factory authority allowed the workers, who
did not want to take leave, to continue working at the factory. Regarding the irregular work
time in the factory, the factory authority gave the reason to workers that the root cause of the
work force reduction was the lack of orders.When workers from some sections did not have
works in the factory, the factory provided only10 Baht to each worker for the expanse of
curry.
In the first week of November ,gave each worker 450 Baht as the travelling cost. But the
factory deducted 300 Baht from the travelling cost -450 Baht for the expense work permit so
workers got only 150 Baht for transportation back to Burma (see – Appendix 4 - Resolution
of the Tak Province Industrial Council on 31st August, 2001). Totally, over 200 workers were
resigned by the factory back to Burma because of irregular work time in the factory. The
workers did not get any compansation from the factory authority except 450 Baht.
Some workers , who could not go back to Burma, remained in the factory and were finding
the new job from other factories or some workers changed to other factories.
Although there was no regular work in the factory, the factory authority did not allow any
workers to go out of the factory except between at 05:00pm and 09:00pm after the
afternoon sheft and at 05:00pm on Saturday and Sunday.
The factory authority did not inform workers about the real story of closing the factory in
advance offically , which would be closed in the first week of Decemember. After workers
came to know that the factory would be colsed soon through some Thai staff workers from
the office, the factory manager officially notified the workers about the closing of the factory
in December, 2003. All workers were depressed for the certain information of the factory
closing in the second week of November and did not want to work during the work place
earnestly. Some workers were disappointed to continue the works and handed over their
working quota to the closed friends.
On 2nd December,2003, the factory manager informed workers at the meeting that the
factory would give their monthly payment to all workers on 3rd December,2003 and workers
would be send to the Burma border the next day. First the manager told workers that if the
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workers would stay in the factory, the factory would provide only rice to workers but the
factory could not provide water and electricty. In fact, the factory did want to accept the
workers after the factory were stopped.
Over ten chinese workers as supervisers from China were working at the factory. They knew
that the factory would be close surely even the factory manager told the workers that the
factory would be closed for three months. The reopening of the factory was the lie because
it was not sure. Even chinese workers earged workers to demand the fair compansation
from the factory.
On 3rd December, about 30 workers went to meet the social menger to give the
compensation – at least one month slary if the factory was closed.But the manager replied
to workers that the factory could not give the compensation because the factory would be
prepared and the expendature of the preparation of the factory would be cost.
On 3rd December at night, all workers not only did not receive the compansation – 900 Baht
which the factory gave but also denied signing on the receipt paper of the low
compansation and their salary for November. So the factory cancelled the plan of giving the
payment.
On 4th December night, some workers could be organized by the factory authority to take
the money of the compansation – 900 Baht and salar for November by divide and rule. The
factory deducted 300 Baht from 900 Baht for work permit fee and workers had to sign on
the paper of the leave written in Thai.Most of workers did not accept the factory authority’s
offer. During these days, the security guards from the factory tightened the security of the
exit and the entrance of the factory more than before. The factory authority did not want the
workers to contact the media groups and labour organizations. The factory did not provide
even enough drinking water.
On 8th December night, the factory giva 900 Baht – compansation or the financial
assistance to the cost of the transportation to all workers back to Burma. If the workers did
not sign on the paper of the leave, they would not get 900 Baht. Although the workers did
not wish to sign on the leave paper, which the workers did not know what was written in
Thai, they had to do it. They were afraid that they would not be reassigned if reopened the
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factory again and they could face more difficultied of the temporary stay in Measod to find
new job or when they were going back to Burma without getting 900 Baht.
Although all workers knew that it was not sure to reopen the factory and 900 Baht was very
low and unfair compensation, all workers were forced to sign, received the money under the
avoidable situation at last.
On 9th December in the morning, the factory were closed and the workers did not allowed to
stay in the factory.
There are over 50 Thai workers including office staff in the factory. After the factory fired the
Burmese workers, the factory dismissed some Thai workers. All thai workers got the
compansation in accordance with the Thai labour protaction act.
General working situation of the factory between in October and November.
(1) Working hour and overtime
Morning Shift 07:30 am to 11:30 am
Afternoon Shift 12:30 am to 04:30pm
Night Shift (Overtime) 05:30pm to 08:30pm, 10:30pm, 11:30pm
Although there is no overtime on Saturdays and Sundays the workers need to work until
04:30pm. Every worker in this factory has to work at least 11 hours per day including night
shift. Most of the workers from the knitting section are male workers. Knitting workers have
to work hard than workers from other sections. If there is overtime, the workers need to work
until 10:30pm. In the peak production period, the workers must work overtime from 05:30pm
to 11:30pm.
(2) Regular working hours for other sections.
Morning shift 08:00am to 12:00am
Afternoon Shift 01:00pm to 05:00pm
Night Shift 06:00pm to 09:00pm, 12:00pm
7
The workers are free on Saturdays and Sundays after 05:00pm. They have to work at
least 11 hours per day. Except on Saturdays and Sundays, at present, workers have
been working until 12:00pm in the factory.
Child Labour
There were some child labour in the factory but after July, the factory dismissed them.
Overtime pay
Overtime payment at the factory is 15 Baht per two hours. The factory did not pay for
overtime worked up to 9:00 o’clock at night but only pay after 9:00 pm.
Average pay
If the workers have regular job and over time they earn average 1800 Baht, 2000 Baht and
2500 Baht amonth. But workers could earn about 1500Baht,2000 Baht, 2500 Baht including
900 Baht for the compansation in December.
The factory deducted 300 Baht for work permit fee workers whose income was over 1000
Baht. The factory deducted 100 Baht from workers earned 500 Baht and 200 Baht
deduction from 600 Baht, 700 Baht earning.
Commentary
(1) Workers were exploited by the factory without sympathy and with the violation of
the Thai labour protaction act including (extremely low salary, working 30 days a
month, low overtime pay etc. ) for many years.
(2) The factory failed to inform the workers about the closing of the factory in advance
so the workers were seriously in trouble in the lack of the preparation.
(3) The factory well planed to divide the gathering and unity of the workers not to
protest against the factory authority and not to demand their compansation
(severance pay).
(4) The factory cleverly cheated workers that the factory would be reopened and make
reassignment in 1st March because the factory did not want to pay the
compansation. On the other hand, the factory authority made unnecessary workers
to leave the factory the next day after payment on 8th December at night because it
was not sure that the factory would be reopen.
(5) All workers have the work permit and gave the work pertmit fee monthly but they
did not have any chance of the Thai labour protestion act..
8
(6) The workers very feel sad for the discrimination from the factory authority between
workers at the same factory and under the same of the labour protaction act.All
Thai workers and Chinese workers got the compansation in accordance with the
Thai labour protaction act.
(7) The factory bullied the workers that they would not get 900 Baht – compensation if
they did not make to sign papers in Thai when fired to get money for transportation
back to Burma.
Conclusion
(1) If the factory will be reopened in 1 March,2004 or closed, the factory should pay
the severance pay to all workers.
(2) Thai Labour ministary should look into the whole issue of exploitation of the
Burmese workers in B.K Fashion.
(3) If reopen the factory, the factory should reassigne the old workers from the B.K
fashion.
(4) Thai Labour authority directly should make interviews with the workers to know the
real situation soon.
(5) The factory and TOMMY and J Crew brands, who gave the sub contract to the
factory are responsible for fired workers from the B.K fashion factory.
(6) Workers, Human rights organization, International organization should pressurize
on the factory authority and TOMMY and J Crew brands company to reopen the
factory and to raise the working condition from the factory according to Thai labour
protaction Act.
Appendix (1) -- Interviews
(1) Interview Date: ---------February,2002
Name: Aung Khaing
Sex: Male
Age: 22 year old
Place of Birth: Hmawbi Village,Paung Township, Mon State
9
Education:
Name of factory: New Products Knitwear Co., ltd
Type of Factory: Knitwear
Work Force: Over 1500
He had worked for almost seven factories. The factory in which he is working now is more
hot than the other factories in summer and there is no fan at all. The factory does not allow
workers to form a union ---it allows only social welfare associations which work in the
owner’s favor . The association doesn’t really deal with workers affairs--it in fact, aims to
1. control the drunk workers,
2. discourage gambling,
3. solve the quarrels within the factory, and
4. solve the emergency epidemics.
The association sometimes acts as a mediator when salary conflicts appear among the
factory managers and the workers. But nevertheless it usually takes more positions for the
owner than the workers. According to Aung Khaing, the majority of workers did not like the
association anymore.
The factory administrative body divided workers into two types; daily wage-earners and
piece – production workers. There are nine types of work in this factory, namely
1. Spinning Section
2. Knitting Section
3. Patching Section
4. Cloth Connecting Section (Sewing Section)
5. Fine Cloth Section (Cutting for Extra – Yarn )
6. Washing Section
7. Ironing Section
8. Final Cloth Checking Section
9. Packing Section
10
A majority of workers work at the knitting section and sewing section. The workers in the
knitting section earn through the piece work system, and the workers at the sewing section
earn through the daily wage system.
Child Labor
There are an estimated 15 child laborers aged between 14 and 15 years. Some of them
come to Thailand together with their relatives or their parents. They earn between 45 -50
Baht, and their schedules are the same as other workers.
Schedule
Regular working hours
- Morning Shift 08:00am to 12:00am
- Afternoon Shift 01:00pm to 05:00pm
Overtime
- Night Shift 06:00pm to 09:00pm
Every worker in this factory has to work at least 11 hours per day including overtime.
Although there is no overtime on Saturdays and Sundays the workers need to work until
05:00pm. The day after payday, the factory closes.
Overtime
In the peak production period the workers must work overtime from 6:00pm to midnight, and
sometimes return to work at 06:00am in the next morning. In the rush peak -production
period the workers must start at 8:00am so they have only two hours rest. Once in three
months the workers have to work for almost three days without a rest. But nevertheless there
are only 15 working days at the moment
Poor Payment
The factory administrative body does not provide information about payment ahead of time
to the workers receiving piece-work rates. The workers actually find out how much they will
earn for piece-work only 7 days before payday. A new worker gets his first pay only after he
11
has worked for 40 days. It means that the factory took 10 days deduction if he or she
resigns from the job. Dissatisfaction with payment always appeared among these workers.
Piece-work rates vary depending on design and target time; earnings can vary depending
on the production knitting machine assigned, for example Gate 3, Gate 5 or Gate 7. Some
workers can use Gate 3 knitting machine on the one hand and some can use Gate 5 and
Gate 7 on the other—all depending on the design of the work. Some workers must use
other machines because they do not have enough skill. For the lack of skill some workers
can not earn enough for their daily expense.
Skilled workers who have worked the same machine all the time can earn between 2,000 -
2,500 Baht, but unskilled workers can earn only between 1,000 -1,500 Baht. They earn 7
Baht per hour in the overtime shift. For example, the workers will get 620 Baht for a dozen
products under the piece–rate system. The skilled workers need a week to complete a
dozen products but unskilled ones need at least 12 days.
If the Quality Control section does not like the product quality the workers need to do the
spinning again.
The factory administrative body deducts 300 Baht a month from pay for work permit card.
Aung Khaing earned more than 2,000 Baht only two times in the past six months.
Lack of Leave
There is a doctor at the factory, and the workers can take leave but only with permission
from the doctor.
Living Conditions
The factory administrative body arranges double beds for workers. But the workers cannot
sleep in the summer because there is no ceiling fan on the one hand and it is too cold in the
winter on the other. There are a little more than 40 toilets and they are too dirty. When the
water is out of order the workers must go in the field outside the factory. Used water from
the washing machines is stored near the factory and bad odor always permeates the
factory. Thai people who live near by the factory also protest the bad odor.
12
General
The factory manager used to warn the workers not to demand increased salaries, and he
also warned that he would let go 11 workers and bring in new ones. Meanwhile workers
earn no more than 500 Baht (net) because the factory has little work and deducts 300 Baht
for work permit cards.
(2)Interview Date: March, 2002
Name: Thet Ko
Sex: Male
Age: 18 year old
Place of Birth: Kyeik Ka Thar Village, Kyeik HtoTownship, Mon State
Education: 4th Grade
Name of factory: New Product Co., ltd
Type of Factory: Garment (Male Trousers)
Work Force: Over 100
Thet Ko has been to Mae Sot since four years ago together with his mother and sister, and
he also has been working in Mae Sot for nearly four years. In this last factory he has been
working for three months.
Schedule
Regular working hours
- Morning Shift 08:00am to 12:00am
- Afternoon Shift 01:00pm to 05:00pm
Overtime
- Night Shift 06:00pm to10:00pm
13
Forced overtime and payment
The workers can earn 45 Baht a day and 6 Baht for each hour over time. There are more
than 50 illegal workers the factory and they all have no work permit. Meanwhile registered
workers at the same factory can earn from 55-80 Baht a day. These illegal workers can not
pay deductions for work permits --they can only earn 45 Baht a day. The usual task is to
produce trousers and to accept any work as the owner directs, for example, each worker
has to fix two pockets on an item and he or she has to fix 400 pockets a day.
Working Security
The factory hired more illegal workers including Thet Ko. And the workers unfortunately
heard that Thai authorities will come and check the factory on 26 February 2002. The
factory owner told the unregistered workers that after the overtime shift on 25 February they
should move to another place. At about 10:00pm on the same night these workers were
sent to the farm belong to the owner’s brother----there they had to take all responsibility for
themselves, including providing foodstuffs. All they were given was the space to live in.
In the evening of 28 February, the owner came to the farm and said he cannot take
responsibility for their security. So the workers went to another place, gradually making their
way. Then they heard that Thai police came to the farm the next day but no one was
arrested because nobody was there. Although the workers asked the owner to give them
an advance of about 300 Baht, the boss did not do it but said come and pick the salary up
on 12 March 2002, the regular pay–day. All of these unregistered workers were
automatically dismissed because the factory did not allow them to continue to work there.
Future Plans for Work
Thet Ko wishes to go back to Burma. If he has saved about 100,000 Kyats (about 8000
Baht) he will go back and launch a barber shop or a tailor and live calmly, he said.
14
Appendix (2) – Workers Protest for better Wages on 9th May – 15th May,2002
9.5.2002
This morning over 120 active workers from the knitting section started to protest for higher wages in the
factory and all the workers from other sections supported the protest. In fact, most workers did not get
fair wages this month because there were fewer orders at the factory. Workers have to work at least 11
hours a day regularly but they earn about 1000 Baht as the factory doesn’t have overtime.
Some workers from the knitting section came early to the work place to earn some more money. They
even worked harder than the other workers, but they still earned the same as the other workers, about
1000 Baht. The factory deducted 300 Baht a month from their wages for the work permit fee.
The factory manager never says prior to the start of work what the payment rate per a dozen pieces will
be. The factory usually informs about the payment rate when payday is near.
The workers demanded:
1. that work not exceed 8 hours a day
2. overtime fees for the afternoon shift beginning at 06:00pm
3. to assign a holiday on Sunday
4. to raise the salary of daily wage earners from 40 Baht and 45 Baht to 50 Baht
5. that enough water is provided
8 representatives from the workers negotiated with the boss of the factory at 11:00am and 04:00pm three
times. In the meeting the boss of the factory accepted their demands.
10.5.2002
The factory gave the salaries to the workers because it was payday at the factory.
11.5.2002
The boss of the factory had denied all demands of workers except he would raise the salary of daily
waged workers from 40 Baht and 45 Baht to 50 Baht.
12.5.2002
The factory authority asked the workers to go to the workplace. But the workers denied going to
workplace and went on strike.
13.5.2002
The workers went to the workplace at 7:30am in the morning shift. At about 10:00am polices raid and
surrounded the workers from the knitting section. The workers were amazed by the arrests. They now
15
know that the factory authority planned to arrest them cunningly. The police selected and arrested 50
active workers including 6 female workers involved in the strike and handed over all the workers to the
immigration office.
The police explained to the workers that the factory did not want these workers so he informed the police.
At 04:00pm in the evening all arrested workers were deported to the Burma border.
The remaining workers stopped working at the factory and demanded the release of the arrested
workers.
14.5.2002
A few workers went to workplace but most of workers still went on strike.
15.5.2002
Some workers went back to Burma but most of the workers started to work in the morning.
Appendix (3) –Worse working situation of the B.K fashion (New Product )factory in
December,2002
The factory has over 1000 Burmese workers. I had interviews with 4 workers from the factory. They have
been working in this factory for more than two years or three years. The factory is divided into two types;
daily wage- earners and dozen piece-production workers. There are nine types of work divided into nine
sections in the factory.
1. Spinning Section
2. Knitting Section
3. Patching Section
4. Cloth Connecting Section (Sewing Section)
5. Fine Cloth Section ( Cutting for Extra-Yearn)
6. Washing Section
7. Ironing Section
8. Final Cloth Checking Section
9. Packing Section
1. Working hours and overtime
(a) Regular working hours for knitting section.
Morning Shift 07:30 am to 11:30 am
Afternoon Shift 12:30 am to 04:30pm
16
Night Shift (Overtime) 05:30pm to 08:30pm, 10:30pm, 11:30pm
Although there is no overtime on Saturdays and Sundays the workers need to work until 04:30pm. Every
worker in this factory has to work at least 11 hours per day including night shift. Most of the workers from
the knitting section are male workers. Knitting workers have to work hard than workers from other
sections. If there is overtime, the workers need to work until 10:30pm. In the peak production period, the
workers must work overtime from 05:30pm to 11:30pm.
(b) Regular working hours for other sections.
Morning shift 08:00am to 12:00am
Afternoon Shift 01:00pm to 05:00pm
Night Shift 06:00pm to 09:00pm, 12:00pm
The workers are free on Saturdays and Sundays after 05:00pm. They have to work at least 11 hours per
day. Except on Saturdays and Sundays, at present, workers have been working until 12:00pm in the
factory.
In October, they had to work over 100 hours of overtime. They did not have holidays even
on Saturdays and Sundays.
Poor Payment and Threat Bargaining
(a) Payment for Daily wage Workers
Daily-wage workers earn 45 Baht, 50 Baht, 55 baht and 60 Baht a day according to their service.
After the workers protest on 9th May, they earn at least 50 Baht , 55Baht and 60Baht a day
depending on their ability and service. If a worker is in service in this factory for over two years and
has good relations with a factory authority such as a supervisor, the worker can earn 60 Baht a day.
Few workers earn 70 Baht a day, such as those that have been working for nearly four years in the
factory.
They can earn about 3000 Baht a month during the peak production period but if the factory does
not receive many orders, they earned only about 1000 Baht.
If they have a regular job and overtime they earn on average between 1800 and 2500 Baht per
month. But the factory usually deducts 300 Baht from their salary for work permit expenses.
17
(b) Payment for piece-production workers (knitting workers)
Piecework rates very depending on design and target time. Earnings can very depending on the
production skill, payment rates and the knitting machine type assigned, for example Gate 3, Gate 5, and
Gate 7 workers, who work with these three Gate machine types, have to work harder than other workers.
No one from the factory usually knows how much he or she will get for a dozen pieces in advance. So
the problems between the factory authority and workers usually occur. According to skill and
experience, workers know how much money they should get per dozen pieces. When the payment is
less, the workers urge the manager to increase the rates and sometimes they protest against the factory
authority. Workers feel that they should earn at least 120 Baht a day. A worker has to complete at least
48 parts or at most 60 parts of a dozen sweaters to earn 120 Baht in one day.
For example, a skilled worker from 5 Gate machine can earn 120 Baht a day after accomplishing a dozen
pieces but he has to work at least 11 hours. The skilled workers earn on average between 2500 Baht and
3000 Baht a month if the factory has many orders but the ordinary workers will earn about 2000 Baht a
month.
In November, most of workers earned around 1000 Baht because of fewer orders.
Threat Bargaining
The factory does not say prior to production what a dozen piece rate payment will be.
Workers stop working when they are informed of the rate and don’t like the piece rate
payment allocated by the factory authority. Workers urge the manager to increase the
payment. If the factory manager does not allow the workers’ demands, the factory authority
always say that they will give the orders to other small factories, where the workers will work
for the low rate. Sometimes the manager gives some or all orders to other factories when
bargaining means can not solve the problem of payment between the manager and
workers. The factory usually shares order to other factories (SR Co Ltd. and KS Co Ltd.)
during the peak production period. But workers do not know the payment rate the factory
gives to others. The factory manager controls the payment rate per dozen by this means or
this threat. Workers are concerned about fewer orders because they would like to work
regularly, so workers have to work with the low payment rate as the factory allocates.
Sometimes the factory does not have enough work for workers. In the irregular working
hours, workers usually face the problem of low payment rate because they did not want the
18
factory authority to share the orders with other factories. So although workers don’t like the
low payment rate per dozen, they have to work, so they accept the rate.
The supervisors allocate the payment rate per dozen in the factory. If workers earn between
4000 and 5000 Baht a month, which they rarely do, the manager complains and blames the
supervisors that the payment rate is higher than before. If the workers earn under 1000 Baht
a month, the manager asks the supervisor, “Don’t the workers work very well?”
Lack of Rest and Lack of Leave
The workers can go out of the factory between at 05:00pm and 09:00pm after the afternoon
shift and at 05:00pm on Saturday and Sunday. They must stay at the factory on the other
days. The workers normally have no holidays, even on Sunday. Workers have a holiday the
day after payday. During the peak production period workers were not allowed to go
outside even on Saturday and Sunday.
It is very difficult to take leave if the workers suffer illness. First workers inform their
supervisor about their illness so that they can take leave and second the supervisor informs
the manager to give the leave. At last workers can take the leave with the approval of the
manager. The workers can not go out of the factory without getting a permission letter from
the manager.
If a worker arrives at the factory a little late for their working hours, the factory
authority usually deducts 1 Baht per minute from his or her salary as a fine. And the factory
deducts 50 Baht per shift from wages if the workers are absent during their working time
without taking leave.
When some workers need to go out of the factory for urgent personal or social affairs, they
usually go out with all possible means through a wire fence. But after the protest in May, the
fence has been electrified. Fortunately, the fence has injured no one.
Health Care
There is a clinic open between at 08:00am and 05:00pm at the factory. A doctor give treatment to
patients between 10:30am and 12:00am. But the patients get only paracetamol tablets. Some workers
19
suffered TB (Tuberculosis) because of the dust from the yarn. It was estimated that about 30 workers
were treated by the hospital in a six-month period.
Child labor
There are still child workers in the factory who are about 14 years old. Children are daily wage earners
and have been working in the spinning section, clothes checking section and packing section. They earn
50 Baht a day. When the factory authority knows that the external monitors from the company, which give
orders to the factory, or the officials from the Thai Labour Department will be checking the factory, the
factory authority usually ask the children to stay out of the factory. Every worker does not have the
opportunity to meet the people who check the factory. The examiners of the factory meet and discuss
with some workers who are specially selected from the factory.
Work Permit
The Labour and Social Welfare Ministry allowed the immigrant workers to renew the work permit between
Sept 14 and Oct 15 in 2002, who registered with labour offices last year. But no new work permits would
be issued during this period.
The Expense for work permit (Sept 2002 to Sept 2003) is as fallow:
1. Fee for health insurance: 1200 Baht (Free medical treatment for one year)
2. Fee for work permit for one year 1800 Baht
3. Fee for medical check ups
300 Baht
4. Fee for work permit card 150 Baht
Totally 3450 Baht
Last year the total expense for work permit (Sept 2001 to Sept 2002) was 4450 Baht. Employers gave
2050 Baht and took 2400 Baht from workers for the work permit. So, employers deducted 300 Baht a
month from the monthly salary.
At present workers from the factory don’t know how much the employer will give and how much he will
deduct from their wages for a one-year work permit. But the employer started to deduct 300 Baht a
month from payment in November. Last year the factory gave the photocopy of worker permit to workers,
but this year workers have to hold the certificates of medical check ups issued by hospital.
The factory distributes photos of all the workers that are not to be hired by other factories such as those
dismissed by the factory or those trying to move to other factories.
20
Notice issued by the factory
The factory officially gives a notice to the workers not to move to another factory. The notice includes that
the factory will take actions on any worker who moves to another factory if they discover that it has
happened. On the other hand, the factory will take the action on other factories which accept his workers
and these factories will be prosecuted for accepting his workers.
Example (1)
There is a mechanist named Mr Tun Tun in the factory. He has to repair about 250 sewing machines at
the factory. He earns 4000 Baht per month.
He moved to another factory to get 5000 Baht a month in October. When the factory knew that he moved
and was working at another factory, the factory authority informed his new factory not to hire him. So the
new factory dismissed him and he came back to the New Product factory.
He requested the factory manager return his work permit and give back the expense of the work permit.
If this could not be done, he told the manager to rise his payment to 5000 Baht a month. The manager
did not accept his requests. Now he is working at the factory with 4000 Baht a month like before.
Living condition
The factory provides enough rice to workers. Sometimes many grains of paddy are found in rice cooked.
So workers have to eat the rice after removing the grains of paddy. Often they have to eat very soft rice.
The factory always provides too little water. Workers usually need to rush when taking a shower. Although
at 07:00am in the morning water comes from the pipes, there isn’t any water left in the pool. Workers face
a water problem for taking showers. In evening the water comes at 4:30 pm and at 5:00pm. Workers do
have enough water when it is raining.
21
Appendix (4) – Tak Province Industrial Council’s Resolution on 31st August,2001
Tak Provincial Industrial Council
To Be Aware Illegal Migrants Must Follow Up The Following Points
1. Do not work without a work permit. If someone is found on the job without work permit,
he/she must face these penalties – not less than three months imprisonment or not less
than five thousand Baht fine or both punishments.
2. After having received work permit, the workers must keep it along with them. Not less
than 1,000 Baht must be fined if someone cannot show work permit when officials
request it during inspections inside or outside of the work place.
3. Application must be forwarded to concerned labor office within 15 days to issue a
renewal if the original permit is lost or destroyed. If a worker fails to do so the relevant
worker must be fined not less than 500 Baht.
4. No other jobs must be worked except the job described in the work permit. If the worker
leaves and does not follow up on the instructions, not less than one month imprisonment
or not less than 2,000 Baht fine or both penalties must be carried out.
5. No permission to transfer to other entrepreneurs and works except written in the work
permit. If absent to follow up the adopted instructions, not less than one month
imprisonment or not less than 2,000 Baht or both of penalties must be fined.
Newsletter
Association of Tak Province Industrial Council
Letter No. 1 / 2544 August 31, 2001
22
“Issue work permits for illegal migrants”
Government allowed work permits for illegal migrants for one-year-working in Thailand, so
aliens whether belong to owner or without owner can inform to Tak province labor office
within September 24 to October 13.
The expense for work permit is as follow:
Expense for first installment (First 6 months)
1. Fee for health insurance: 1,200 Baht (Free medical treatment for one year)
2. Charge for repatriation: 1,000 Baht (For one year)
3. Fee for work permit for 6 months: 900 Baht (First six months)
4. Fee for work permit card: 150 Baht (For one year)
Total amount for first installment: 3, 250 Baht ( For the first six months)
All expenses must be paid on the day of issuing work permit.
Expense for the second installment (Second 6 months)
1. Fee for medical check up: 300 Baht (If the worker who passes in medical check up
continue working job but the worker who fails in medical check up must be repatriated
immediately.)
2. Fee for 6 months work permit: 900 Baht (Second six months)
Total amount of second instalment:1, 200 Baht
Expense for one year: 4, 450 Baht
Employers must give 2, 050 Baht and take an additional 2, 400 Baht from workers for work
permit. So, Employers will deduct 300 Baht a month from the monthly salary.
23
Remarks: As the staff of labor office, Mae Sot branch, Mae Mway City, will carry out what is
necessary for this schedule, they may notify the employers not to make medical check up,
and not to take photograph of employees in advance.
Tak Province Industrial Council
August 31, 200

Reports - Laws for Migrant Workers in Thailand

Burma Labour Solidarity Organization

Contents
1. Association of Tak Province Industrial Council' Resolution
2. A Brief of Migrants Labourers' Protection under Labour
3. Alien Work Permit Act

To Be Aware
Illegal Migrants Must Follow Up The Following Points
1. Not to do job without work permit. If someone is found in the job without work
permit, he/she must be faced such penalties – not less than three months
imprisonment or not less than five thousand Baht fine or both of punishment.
2. After having received work permit, the workers must keep it along with them. Not
less than 1,000 Baht must be fined if some one could not show work permit while
inspecting it inside or outside of work place by officials.
3. Application must be forwarded to concerned labor office within 15 days to issue
renew one if loosing or destroying. If fails to do so the relevant worker must be fined
not less than 500 Baht.
4. Other jobs must not be worked except the job described in the work permit. If the
worker is absent to follow up the adopted instructions, not less than one month
imprisonment or not less than 2,000 Baht fine or both of penalties must be carried
out.
5. No permission to transfer other entrepreneurs and works except written in the work
permit if absent to follow up the adopted instructions, not less than one month
imprisonment or not less than 2,000 Baht or both of penalties must be fined.
Newsletter
Association of Tak Province Industrial Council
Letter No. 1 / 2544 August 31, 2001
“Issue work permits for illegal migrants”
Government allowed work permits for illegal migrants for one-year-working in Thailand,
so aliens whether belong to owner or without owner can inform to Tak province labor
office within September 24 to October 13.
The expense for work permit is as follow:
Expense for first installment (First 6 months)
1. Fee for health insurance: 1,200 Baht (Free medical treatment for one year)
2. Charge for repatriation: 1,000 Baht (For one year)
3. Fee for work permit for 6 months: 900 Baht (First six months)
4. Fee for work permit card: 150 Baht (For one year)
Total amount for first installment: 3, 250 Baht ( For the first six months)
All expenses must be paid on the day of issuing work permit.
Expense for the second installment (Second 6 months)
1. Fee for medical check up: 300 Baht (If the worker who passes in medical check
up continue working job but the worker who fails in medical check up must be
repatriated immediately.)
2. Fee for 6 months work permit: 900 Baht (Second six months)
Total amount of second instalment:1, 200 Baht
Expense for one year: 4, 450 Baht
Employers must give 2, 050 Baht and take 2, 400 Baht from workers for work permit.
So, Employers will deduct 300 Baht a month from their monthly salary.
Remark: As the staff of labor office, Mae Sot branch, Mae Mway City, will carry out
the needs for this schedule, may notify the employers not to make medical check up, not
to take Photograph for employees in advance.
Tak Province Industrial Council
August 31, 2001
A Brief of Migrants Labourers’ Protection under Labour
Protection Act
Migrant labourers who came from Burma, Lao and Combodia and already registered will
be protected partly by Labour Protection Act.
Duties of employees
- Work for a boss/ employer
- Carry out all or part of that job, basing on a contract
- Do work under employer’s control
- In guilty case of employer, could be forced to repeal contract and will/ must
pay for a damage/ compensation
Rights of employees
Working Hours
- One day must not exceed 8 hours.
- One week must not exceed 48 hours.
- The one day’s normal working hours for work which might be hazardous to
the health and safety of the employee as prescribed in ministerial regulation
must not exceed 7 hours, but, when all the working hours are added together,
one week must not exceed 42 hours.
Rest period
- Not less than 1 hour/ day during the week after the employee has been
working for not more than 5 consecutive hours.
- The boss and the employee may agree in advance that a rest period shall be
less than 1 hour but, when combined together, one day must not be less than
one hour.
- The boss may nor provide a rest period to the case where the employee
performs work here the characteristics or nature of the work to have to be
performed continuously, such as the consent of the employee has been
obtained or the work is emergency work.
- Over time case; if continue from not less than two hours of normal working
hours, the boss must arrange for the employee to have a rest period of not less
than 20 minutes before the employee commences the over time work.
Holidays
Weekly Holiday
- Not less than one day/week.
- The interval between weekly holidays must be not less than 6 days.
- In the case hotel work, Transportation work, work in forest, work in
the countryside or such other works as prescribed in ministerial
regulations, the boss and the employee may agree in advance to
accumulate a weekly holidays and postpone it for taking as a holiday
at any time, but this must be within the period of 4 consecutive
weeks.
Overtime on a working day/ work on a holiday
- A boss is not allowed to tell an employee to work overtime on a
working day
Ø Unless the consent of the employee has been obtain on a caseby
– case basis.
Ø In the case where the characteristic or nature of the work
require the work to be performed continuously, such that if
there is stopping it will cause damage to work, or where the
work is emergency work or such other work as prescribed in
ministerial Regulations, the boss may order the employee to
work overtime to the extent necessary.
- A boss is not allowed to tell an employee to work on a holiday
Ø Except in the case where the characteristic or nature of the
work require the work to be performed continuously, such that
if there is stoppage the work, or where the work is emergency
work, the boss may order the employee to work on a holiday to
the extent necessary.
Ø A boss may order an employee to work on a holiday in respect
of the business of a hotel, a place of amusement, transportation
work, a shop that sells food, a shop that sells drinks, a club, an
association, a medical facility, or such other business as
prescribed in ministerial Regulations.
- When combined the amount of overtime and the holiday working hours
must not exceed the ratewhich is prescribed in ministerial Regulations
(36 hours/ weeks).
Leaves
Medical Leave
- To make medical leave to the extent of actual illness.
- Medical leave of 3 working days or more, the boss may require the
employee to produce a medical certificate from a doctor of first class
modern medicine or from a government medical facility, the employee
shall give an explanation to the boss
- Days on which an employee is unable to work due to an injury or
illness arising from work and maternity leave days, shall not be
considered to be medical leave under this article.
An employment remuneration
- In the case of work which has the same characteristics and qua lity and
the amount is the same, the boss shall prescribed wages, overtime pay,
holiday pays and holiday overtime pay to employees equitably,
regardless of whether those employees are male or female.
- In Thai currency only.
Wages
- Not less than the minimum wages rates.
- The minimum wages shall apply to bosses and employees, regardless
of the boss and employees’ nationality, religion or sex, unless
employees are not protected under this law.
Overtime pays
- Not less than one and half times the hourly rate on a working day
according to the number of hours worked or not less than one and a
half times the piece rate on a working day according to the quantity
work results of the work performed for an employee who is paid a
wage in accordance with results calculated by the piece.
Holiday Pay
- Employee on daily wages
Ø A payment of not less than one time the hourly wage rate on a
working day shall be paid in accordance with the number of
hours worked or not less than one time the piece rate on a
working day according to the quantity work results of the work
performed for an employee who is paid a wage in accordance
with work results calculated by the piece.
- Employee on monthly wages
Ø A payment of not less than two times the hourly wage rate on a
working day shall be paid in accordance with the number of
hours worked or not less than two times the piece rate on a
working day according to the quantity work results of the work
performed for an employee who is paid a wage in accordance
with work results calculated by the piece.
Holiday overtime pay
- Not less than three times the hourly wage rate on a
working day in accordance with the number of hours worked or not
less than three times the piece rate on a working day according to the
quantity work results of the work performed for an employee who is
paid a wage in accordance with work results calculated by the piece.
Leave pay
- A boss shall pay a wage to an employee for
Ø A medical leave day equal to the rate of the wage on a working
day throughout the entire leave period, but the number of such
leave days must not exceed thirty working days in a year
Ø Taking leave in order to be sterilized in accordance with this
law.
Others
- In the case where it is necessary for a boss to stop all or part of the
business temporarily for any reason which is not an act of got, the boss
shall pay the employee not less than fifty percent of a working day’s wage
which the employ had received before the boss stopped the business
throughout the time period which the boss did not allow the employee to
work.
- In the case where the Labour Inspection Officer discovers that the work
environmental conditions, building, premises, machinery or equipment
used by the an employee will give rise to non- safety to employees or that
the boss has not complied with an order of the Labour Inspection Officer,
after receipt of approval from the Direction – General of a person assigned
by the Directed – General, Labour Inspection Officer shall have the
authority to order the boss to stop the usage of all part of the said
machinery or equipment temporarily.
Alien Work Permit Act B.E 2521 and Penalty for Employers and Migrant Workers Burmese, Laos and Cambodians
if Adopted Laws are Broken Down
Penalty or acts concerned on penalties Type of Penalties Sentence
Section 22 Employer
Appointment the aliens who have no work permit (or)
without following up according to fill the data in the form
Section 39
Employer
At least three years imprisonment (or) 60,000 Baht
fine (or) both can be punished.
Section 23 Employer
Appointment the aliens (or) forcing the employees to work
outside from the limited work site (or) absence to forward
report to authorities telling about the alien workers who
stepped down from the jobs
Section 40
Employer
At least 1,000 Baht fine.
Section 7 Employee
Working without work permit by illegal migrant
Section 34
Employee
At least three months imprisonment (or) 5,000
Babt (or) both can be punished.
Section 21 Employee
Working another job without doing in limited work or
moving and working in another job without doing limited
work place.
Section 21
Employee
One month imprisonment (or) 2,000 Baht fine or
both can be punished.
Section 37 Employee
Work is being carried on after
the work permit was expired.
Section 37
Employee
At least three months imprisonment or 5,000 Baht
fine or both can be punished.
Section 63 Employer
Trafficking illegal migrants from other nations into the
country is opposing law and providing shelter and
protection on alien workers.
Section 63
Employer
Maximum prison-term for 10 years and 100,000
Baht fine.
Section 64 Employer
Various supports such as sheltering, covering are allowed
for illegal migrants turning into blind-eye.
Section 64
Employer
Maximum prison-term for 5 years and 100,000
Baht fine.
Section 81
Illegal migrant worker
Living in the country without permission or living
continuously after target date on work permit is expired or
holding the work permit that is expired date.
Section 81
Illegal migrant worker
Two years maximum prison-term or 2,000 Baht fine or both of
imprisonment and fine can be punished.

Reports - Reality for Migrant Workers

Burma Labour Solidarity Organization

Contents
1. A Paper of the Struggle of Burmese Workers
2. Burma Labour Solidarity Report
3. A report of B.K. Fashion Factory and Fired Workers
The Struggle of Burmese Migrant Workers
6.6.2002
Contents
1. Preface
2. Introduction
3. Commentary on the struggle of Burmese migrant workers
3.1. Working hour and overtime
3.1.1. Peak production
3.2. Lack of rest and lack of leave
3.3. Forced overtime
3.4. Child labor
3.5. Payment
3.5.1. Garment factory pay
3.5.2. Knitting factory pay
3.6. Overtime pay
3.7. Deductions
3.8. Average pay
3.9. Irregular work time
3.10. Factory examinations
3.11. Living and working conditions, and healthcare
3.12. Security problems
3.13. Lack of representation and bargaining rights
4. Workers’ protests
5. Interviews
6. General Conclusions
Appendix 1. Alien Work Permit Act
Appendix 2. Tak Province Industrial Council’s Resolution
Appendix 3. Migrant Labourers’ Protection under Thai Labour Law
Preface
This brief research paper is primarily focussed on the living and working conditions of
the young Burmese workers who have been working at the garment and knitting factories
in the border town of Maesot, in northwest Thailand. These young workers left their own
country because of the economic crisis, political oppression and the lack of human rights
and workers rights under the brutal military regime. They have worked under similar
conditions but now they must endure exploitation and oppression without going back to
Burma. After we have seen their circumstances we can say that issues for Burmese are
getting worse than ever before.
I, who prepared this research paper, am no longer an academic but I simply aim at the
international community and the worke rs throughout the world in the hope that they will
understand how the Burmese migrant workers suffered from such a lack of human rights.
My specific aims are as follows:
1) to let the international community know how the Burmese migrant workers
struggle for their survival,
2) to get assistance and support for the Burmese migrant workers to improve
their life,
3) to build support for the restoration of democracy and human rights.
I will be glad if these objectives are accomplished through this report.
Than Doke
2. Introduction
After the economic crisis in Thailand in July 1997 Thai policy on Burmese migrant
workers was changed, and Burmese workers were repatriated in November 1997. Later
on, after that incident, Thai authorities raided the factories and the situation was totally
upside-down. Meanwhile Thailand’s industrial and agricultural sectors acknowledge they
have definitely relied on Burmese workers for several years.
Manop Mongsuwam, Secretary-General of Tak’s Industrial Council, said
operators of 130 factories in Tak province need more than 20,000 workers in the
industrial sector. Their products range from electronic parts to toys, leatherwear, ceramics
and clothes. The value of exports is 7.2 billion Baht. Mr. Manop said Thai workers
wanted office jobs. “They don’t like working in the factories even though we offer wages
and welfare guaranteed by the labor law,” he said.
Mr. Panithi Tangphati, chairman of Tak’s Chamber of Commerce, asks, “Why
doesn’t the government bring all the workers into the system? As long as they are kept
outside, dark and corrupt interests will take advantage of them and human rights will be
abused.”
And according to Mr. Damrong Khachornmatbut, Chairman of the Ranong
Chamber of Commerce, “ It is unavoidable that foreign workers must be used, because
there are many industries where Thai laborers don’t want to work. We used to use all
labor, but now there is a shortage. There isn’t even enough labor available from the
Northeast anymore.” (3 June 2001, Bangkok Post newspaper)
The Thai Government passed a resolution on 28 August, 2001, that the migrant
workers must pay 4,450 Baht per year for a registration card and allowed registration
from 24 September to 24 October 2001 for the first six months.
Most of the workers in the factories are female and some workers have experience
working at the garment and knitting factories in Rangoon or in Pegu, Burma. Some
workers do not even know the company’s name in which they worked, and a majority of
Burmese migrant workers do not really know about the code of conduct for factories
regarding the working conditions. Rather than the real name of the factory they call it by
a name that reflects what is nearby, such as “Cemetery Factory” because it lay close to
the cemetery, or as “Ban San Khwei Factory” because it is at Ban San Khwei Ward.
Likewise they also do not know what brand name the factory puts to its products. Human
rights and labor rights are extremely violated as in Burma.
3. Commentary on the struggle of Burmese migrant workers
3.i Working Hours and Overtime
Every factory has three work shifts-- morning shift, afternoon shift and the so-called
overtime shift. The workers must regularly start at 8 o'clock in the morning and work
until 5 o'clock in the evening but with one hour lunch break from noon to 1:00 pm. After
dinner break from 5:00 pm to 6:00 pm the workers are obliged to work overtime. Every
factory has an overtime shift that normally starts at 6 o'clock in the evening until 9
o'clock at night, but sometimes one must work up to 11:00 pm depending on the
production order. The workers are obliged to work at least 11 hours a day and some
factories have ordered the workers to work 12 or 13 hours a day. What we described
above is an ordinary workweek, but nevertheless, having a week without overtime is rare-
-- that we can say.
3.i.i. Peak Production Period
During the peak production period the young workers must work up to 16 hours a day,
but sometimes the workers must work until 4 or 8 o'clock next morning for three days or
five days without having even a rest.
Regular Working Hours
- Morning Shift (8:00 am - 12:00 am)
- Afternoon Shift (1:00 pm - 5:00 pm)
Overtime Schedule
- Night Shift (6:00 pm - 9:00 pm, 10:00 pm or 11:00 pm)
3.2 Lack of Rest and Leave
The workers normally have no holidays even on Sundays, but nevertheless most factories
allowed the workers to take a rest the day after the payday. So we can say that the
workers have only one holiday a month. During the peak production period the workers
suffered tiredness and illness. When the workers asked the managers to allow them to
take leave if they suffered severe illnesses the managers did so for a day but not for minor
illnesses. And the factories always refuse the workers leave for personal affairs.
3.3 Forced Overtime
The bosses of the garment factories have enough experience to know how many pieces
the workers can complete in a day. So the bosses set quotas for how many pieces the
workers need to produce per day. If the production order was awkwardly accomplished
the workers must work overtime without payment. Some factories demand overtime
without pay, but if the workers do not miss any work shifts they pay a bonus at the end of
the year. But nevertheless the factory administration departments make deductions if the
workers are absent, no matter what the reason. If workers are absent for three days they
do not get any bonus at all.
Some of the garment factories normally do not pay for overtime but they give a
bonus and set quotas for the daily-wage workers regarding how many pieces they have to
complete in a day. If the workers accomplish the target production they get a bonus but
no one knows ahead of time how many pieces the factory has set as the target. Sometimes
the workers get more or less depending the owners attitudes.
The workers from the knitting factories will get pay if they produce a dozen
pieces but no bosses will say beforehand what has been set as the target production for
payment. The managers used to say when the payday is close and the workers would then
work hard to get more money. When the owners gave them less payment they were
disappointed and sometimes urged the owners to increase the payment or they would
have demonstrations and protests. So the problems between the owners and the workers
usually happen in the knitting factories.
3.4 Child Labor
Some giant factories hired child labor. A majority of the child laborers in the garment
factories and knitting factories are daily-wage earners and they are about 13 to 14 yearsold.
They have followed their parents or their siblings to Thailand and they normally earn
45 Baht a day. They must work until 5:00 o'clock in the evening and they have to work
overtime if they wish to receive more money. The children who have been working at the
knitting factories work primarily in the spinning section, cloth checking section and
packing section. The child workers at the garment factories mainly work in the fine
clothing section, gluing section and ironing section. When the managers hear that the
officials from the Thai Labor Department and external monitors will visit the factory they
send the child workers outside.
3.5.1Payment at the Garment Factories
All the workers at the garment factories are daily-wage earners and they mostly earn 45
Baht a day when they start, and a majority of the workers have got 45 Baht, 50 Baht, 55
Baht and 60 Baht depending on their ability and experience. But nevertheless some
skilled workers have got 60 Baht to 70 Baht a day.
3.5.2 Payment at the Knitting Factories
Most of the workers at the knitting factories are piece-rate workers, and the piece-rate
system means a payment depends upon completion of a dozen pieces of product with a
fixed payment. Likewise the production order, the design, type of production and
payment are always changed.
There is no piece-rate for Thai workers at the knitting factories apart from the
garment factories. No one from the knitting factories know how much they will get for a
dozen pieces because the owners do not say anything prior to production; they only tell
the workers as they get close to payday. The owner normally pays 620 Baht per dozen
pieces. When skilled, the workers need eight days plus four hours overtime to complete a
dozen pieces and unskilled ones need ten days. So we can say that the workers earn 60
Baht a day (with 12 hours working,) and the timeline and piece-rate payment are always
changing. When the payment is less, the workers have urged the owner to increase the
rates and sometimes they demonstrate aga inst the owners. Such conflicts between
employers and the employees have appeared at nearly all of the knitting factories. If the
workers ask about the piece-rates prior to production or demand rate increases, the
owners have dismissed them.
3.6 Overtime Payment
Overtime payment at both garment and knitting factories is 5 Baht, 6 Baht and 7 Baht an
hour for Burmese migrant workers while Thai workers get 16 Baht. Some factories did
not pay for overtime worked up to 9:00 o'clock at night but only pay after 9:00 pm. And
some factories did not pay for overtime but only for piece-rate production, and some
factories set quotas on how many pieces the workers need to complete a day. When the
quality control section decides the knitwear is substandard, the workers must take the
knitting off and start again without payment.
3.7 Deductions
The Thai government passed a resolution on 28 August, 2001 that the migrant workers
must have a 4,450 Baht annual worker’s registration card. The factory owners have to
pay 2050 Baht and take 2400 Baht from the workers. The owners paid the initial cost up
front for the work permit and they deduct 300 Baht, 500 Baht or 600 Baht from the
workers’ wages -----depending on the factory. Some giant factories provide rice and
deduct 150 Baht or 250 Baht, etc. Also the workers need to buy curry from the
restaurants that run in the factory compound and this costs 300 Baht to 450 Baht a month.
3.8 Average Income
A majority of the workers have regular jobs at the factories, and if they have a chance at a
regular job and overtime they earn average 1800 Baht, 2000 Baht or 2500 Baht a month.
But the factories usually deduct from their salary for rice, and accommodation and the
workers need to buy curry, so about 1200 Baht or 1300 Baht is le ft in their hands. Rarely
workers can earn about 3000 Baht.
3.9 Irregular Working Hours
Although some factories have enough work for the workers, some factories do not and
the workers face problems for their survival. Some tiny factories have been closed down
for nearly three months and recently even the giant factories cannot get orders as before.
So workers who earned only 800 Baht, 900 Baht or 1000 Baht began to appear and at
these levels after the deductions for work permits they have barely enough to survive.
The workers asked the owners to deduct 300 Baht a month only if they earn over 1000
Baht.
Some workers from knitting factories went and worked on the farms and in
construction because there is no work for them, and they came back to the factories only
if the work is available. The factories used to not dismiss the workers, or sever the
working relationship to allow them to work other factories, so workers must head to the
farms and construction sites. In order to get back the work permit expenses the factory
twenty workers for the target works for ten people and deducted 300 Baht a month.
Protests occurred if the factories deducted 300 Baht a month when the workers were
earning less than 1000 Baht.
3.10 Examination of Factories
External monitors or representatives from the companies that ordered the products
sometimes visit and examine the factories, and at that time the factory management
informs the workers about it and asks them to clean more of the factory and its
compound. The factory also orders the child laborers to go outside. But nevertheless the
factory owners used to allow only those workers who will give pro-management answers
to meet and talk to the visitors. They then ordered the workers to keep their pans and
plates, etc. from the hostels, and maintained enough water and put soaps and toilet paper
in the toilets. . The workers must say what the managers have prepared and rehearsed
with them when questioned by monitors. For example, they must say the workers earn
133 Baht per dozen pieces and 25 Baht an hour for overtime, and that deductions amount
to only 50 Baht a month for water, electricity and curry. And the managers advise the
workers to lie and say they have to work only two hours overtime a day until 8:00 o'clock
at night and that they earn about 3000 Baht a month. And the managers also threaten the
workers that the if they don’t give the right answers to monitors that the factory will lose
production orders.
3.11 Working Conditions, Living Conditions and Healthcare
Some factories used iron sheets for roof and fence and it is so hot the workers cannot
work at all in the summer, and most workers said they cannot breathe well for lack of airconditioning.
Most of the factories have only one entrance gate and there is no
ventilation. They do not provide potable water but tap water, so workers need to buy and
drink potable water because tap water has a strange smell. The factory managers limit the
number of workers on toilet break and allow only ten minutes. If five workers are taking
a toilet break, the other ones need to wait, and workers have to use dirty toilets because of
the lack of toilets and the inadequate water supplies. For example, there are only seven
toilets in the factories containing 200 workers and 30 toilets in the factories containing
more than 1000 workers.
All of the factories arrange the hostels for workers and some factories arrange
separate hostels for married workers but living conditions in factory are crowded and
they are frustrated about it. The workers must sleep on double or triple deck bunk beds,
and the workers normally suffer skin diseases because the lack of water for washing.
Although the giant factories have clinics, the small ones do not and have, for example,
paracetamol alone. The management sends the workers who suffer severe illness to
hospital but they deduct the treatment charges from wages. So most of the workers
usually visit to Dr. Cynthia Maung’s clinic because there is no language barrier to
frustrate them. There are no primarily healthcare lectures or training at factories, and we
heard that the epidemic of HIV /AIDS is tremendously spreading.
3.12 Security Problem
Burmese migrant workers used to be arrested and repatriated from workplaces by the
Thai authorities before the go vernment passed the resolution to allow the Burmese
workers to register through work permits (between 24 September to 25 October 2001).
When the factory operators hear that the Thai authorities are planning to raid and arrest
the Burmese migrant workers they asked the workers to hide in the paddy fields and the
jungle nearby the relevant factories. Even though in hiding, the workers were often
caught by authorities who repatriated them back to Burmese border. Some workers were,
unfortunately, robbed while they were hiding.
Although the Burmese workers were not to be arrested after Thai authority
allowed them to register the workers can only keep a photocopy of their permit cards
because the factory operators kept the original ones. That means the Burmese workers are
in violation of Thai regulations and procedures which state they should hold original
cards. The factory operators just say the workers must inform them if arrested. Burmese
workers have been arrested in the street on the way to their destinations and have been
detained by Thai authorities.
Burmese workers normally do not go out at night, and if they do so they have
been asked to show work permits by Thai authorities in plainclothes, or imposters who
take all money belonging to them and run away. Furthermore we used to hear the stories
that Thai police imposters or local drug addicts “hold up” Burmese workers with knife or
gun and rob them. Female workers from factories on the outskirts of town can no longer
walk safely at night and male workers must guard their security. Even in the daytime
their properties were stolen while they were working. Maesot is busy with Burmese
workers by day—this definitely ceases at night.
3.13 Lack of Representation and Bargaining rights
No factory will allow the workers to form a social association or trade union to represent
the interests of Burmese workers. Rare factories have allowed their favorite workers to
form so-called social clubs in order to control those workers who drank, fought or
gambled and the clubs usually do this in a way biased towards the bosses.
Conflicts among the employers and the employees have appeared and sometimes
the workers protest or demonstrate for increase of payment but it is rare that factories
agreed to do so, and some dismiss them. The dismissed workers will never get stipend or
payment at all. But sometimes all the workers were dismissed for urging employers to
increase payment, (See BLSO information release # 1/2001 on 6 January 2001) and the
employers re-appoint only their favorite ones. And the factory managers took
photocopies of the pictures of the dismissed ones and distributed to other factories ---
black-listing workers in order not to hire them in the future. The owners used to dismiss
the active workers who accomplish things for the workers.
4. Workers Protest for Better Wages after Registering with Thai Labor Ministry
On November 4, 2001, over 700 workers at the Hyatt Knitwear Co. Ltd. Factory
protested for higher wages. The protest started at 11:00 a.m. when 100 workers went on
strike. The workers are paid between 75 and 80 baht per dozen wool sweaters that they
weave. They were asking to be paid 100 baht per dozen sweaters. At 3:00 p.m. they
began to negotiate with the factory manager, but the factory manager denied their request
for higher wages. The next morning at 10:00 a.m., the manager fired 20 workers who
were the most active in organizing the protest. At that time all 700 workers in the factory
went on strike to protest the dismissal of the 20 strike organizers and to ask for higher
wages. When all the workers went on strike, the factory manager said that he could not
resolve the issue himself and contacted the factory owner in Bangkok. On the morning of
November 6, the factory owner arrived at the factory and negotiated with the workers. At
6:00 p.m. he gave in to their demand for higher wages. All the workers involved in this
protest were legally registered workers and every month 300 baht is taken out of their
wages to pay for their registration fee.
On the evening of November 27, 2001, at the Annand Knitting Co. Ltd. Factory, nearly
100 workers went on strike for higher wages. The workers get paid 160 baht per dozen
sweaters that they weave. It takes 22 hours to weave one dozen sweaters. This factory
only pays by the piece and does not give any overtime. In addition, when a worker gets
sick the factor owner or manager calls a Thai nurse to attend to them at the factory and
then deducts the cost of medical treatment from their monthly salary despite the fact that
legally registered workers should receive free medical treatment as part of their
registration fee.
The factory manager refused to negotiate with the striking workers over the issue of their
wages. On December 2nd the factory owner called a meeting and told them that he could
not give them any more money, but if they were not satisfied with their wages then they
could leave and work somewhere else. Every month 200 baht is taken out of the
workers’ wages to reimburse the factor y for paying the 3,250 baht worker registration
fee. The factory owner told the workers that if they chose to leave the factory, the
remaining money that they owed for the registration fee would be deducted all at once
from their wages. Therefore, the workers could not afford to leave their jobs at the
factory.
Recently, at the same factory a worker, San Win of Mon State, was dismissed for taking
leave without permission. He had asked for 2 or 3 days off so he could go to the hospital
while his aunt ga ve birth, but the factory manager denied his request. When he returned
from visiting his aunt in the hospital, the factory owner told him he was fired and
attempted to force him out of the factory. The other workers were worried about his
safety as it was evening time and several workers had been robbed in the area recently.
They protested and kept the workers in the factory over night. The next day the factory
owner came to give the worker his final wages. However, the cost of his worker
registration fee was deducted from his pay and he was left with only a small amount of
money. Situations such as these have been occurring frequently and for this reason many
workers are afraid to leave their jobs.
5. Interviews
Interview (1)
Interview Date: -----------------
Name: Ko Soe
Sex: Male
Age: 25 year old
Place of Birth: Pa An Township, Karen State
Education: 8 Grade
Name of Factory: Friendship Fashion Co., ltd
Type of Factory: Garment (exporting factory)
Work force: Over 200
He has been in Thailand for about 6 years and has been working in this factory for more
than 2 years. The type of production is skirts and trousers. There are about 20 workers
who do not hold work permits.
Schedule
Regular Working Hours
- Morning Shift 08:00am to 12:00am
- Afternoon Shift 01:00pm to 05:00pm
Overtime Shift
- Night Shift 06:00pm to 10:00pm
During the peak production period the workers must work until midnight or 2:00am in
the next morning depending on the situation. Sometimes they have to work until 2:00am
in the next morning for almost a week. Apart from leave for serious illness the factory
management does not allow leave for workers who suffer minor illness. When the
workers asked the manager for a leave, they did not get it. When the workers take a leave
without having prior permission from the manager they have been fined 50 Baht a day –
deducted from their salaries.
Forced Overtime
The factory managers fix a production amount of garments the workers have to comp lete
a day, but this is sometimes allocated by hour. The factory administration has enough
experience of how much production the workers can accomplish a day. When the
workers cannot accomplish a production target they have to work overtime, but they did
not get any premium for overtime. After this kind of laboring some workers fell down
from exhaustion while they were working or using a toilet.
Poor Payment
While male workers earn 60 Baht a day female workers, nevertheless, earn 50 Baht and
55 Baht. Those who earn 60 Baht maybe got 8 Baht per hour for overtime and those who
earn 50 Baht and 55 Baht maybe got 7 Baht. Most of the workers normally earn between
2300 Baht and 2400 Baht a month including overtime stipend. But their salaries have
been deduct 300 Baht a month for work permit expenses and 300 Baht for hostel and rice
expenses. The workers must use between 200 -250 Baht per month for curry. It means
that a little more than 1000 Baht is left for a month. We heard that the factory
administration will deduct 300 Baht a month over eight months for work permit
expenses. Meanwhile the workers are allowed to hold only a photocopy instead of the
original work permit card.
Holiday and leave
The factory administration allows only one day’s rest every fifteen days.
Working and Living Conditions
There is no ventilation in the working halls, and many workers are sometimes so
frustrated they will not work any longer. If they do not work they cannot earn any money.
If they go back home to Burma, there is no job available for them. So they earnestly wait
for political change in Burma.
Toilets and the hostels are only 5 to 6 feet apart, and the odor of the toilets is always
permeating the hostels. There are about ten toilets in the working halls but only two at the
hostels. The odor of the toilets permeates at the hostels because of the lack of water to
flush them out. The workers almost always face shower because they did not get enough
water. And the hostels are very windy because some parts of the fence are open. There is
no clinic at the factory, and in the emergency case the workers go to Maetao clinic to get
medical treatment. The workers have to build up their hostels themselves to live in.
Although the factory administrative body says they will build them up they do not do it.
Grants for security and the Relationship between the Factory Administrative Body
and the Workers
There are two managers in the factory and they use harsh words to the workers when the
target production is not accomplished. Although the administrative body deducted 300
Baht a month from the salaries for work permit cards, the administrators only allow the
workers to hold a photocopy. The administrative body kept the original ones in Bangkok.
There are about 20 workers who do not ho ld work permits in the factory. Nine of them
including the managers were arrested when the Thai authorities checked work permit
cards.
The factory manager told the nine workers that they have to say they were only visiting
the factory after they reach the police station. The reason for this is the manager wanted
to avoid the penalty. According to the Thai legal system the administrative body of the
factory would face serious penalty if they hire workers who do not hold work permit.
Although two managers were released after they paid 10,000 Baht each to the police the
workers remained in custody. Then the administrative body dismissed these workers. In
the last case, these workers were released after their friends gave a bribe of 1,000 Baht
per person to the police on March 4th, 2002.
Interview (2)
Interview Date ---------------------------------
Person (1) Person (2)
Name: Mr. Nanda Name: Thu Zar Win
Sex: Male Sex: Female
Age: 23 year old Age: 23 year old
Place of Birth: Rangoon Place of Birth: Moat
Education: 10th Grade Education: 10th Grade
Factory Royal King Co., ltd Factory Royal King Co., ltd
Type of factory: Knitwear Type of factory: Knitwear
Work force: About 300 Work force: About 300
He and she have been to Thailand and had worked at five different factories. Their boss is
a Japanese. The factory used to hire any one who has got a reference from one of the
workers already working for the factory. There is no child labor and the factory normally
hires the workers who are at least 45 Kg in weight. The two people we interviewed here
have been working for just five months. We fortunately knew that the factory was
launched four years before.
Schedule
Regular working hours
- Morning Shift 08:00am to 12:00am
- Afternoon Shift 01:00pm to 05:00pm
Overtime Shift
- Night Shift 06:00pm to 09:00pm
Normally the workers have to work up to 09:00 o’clock. Very rarely do they work more
hours. They have no need to work till late at night as other factory workers do.
Poor Payment
Daily wage-earners get less than the piece–work rate because the factory is an knitwear
one. We can not estimate how much they earn for a day. The administrative body asks the
newcomers to knit a couple of dozen products. The factory then estimates how much
workers can accomplish and how many pieces they could produce in a day. The
administrative body fixes the pay rate after it discusses it with the workers.
If the workers are never absent, the factory normally gives a 150 Baht bonus per month.
But if the workers are absent one day the factory deducts 50 Baht a day. After the
workers’ absence of three days they do not get 150 Baht bonus. Although the factory
limited overtime shifts from 06:00pm to 09:00pm the factory does not pay any extra
wages. The workers earn ordinarily between 1,500 Baht and 2,000 Baht a month, and the
factory deducts 300 Baht from salary for the work permit card. There has never been
conflict over payments. When the factory wishes to dismiss the workers it fires them, but
after they pay the wages owing. But the factory makes penalty of seven days off for the
workers who did not work well enough. Between November to February the factory has
only a little work to assign, but the factory pays 45 Baht per day. It does not allow the
workers to go outside factory grounds, and has rice delivered. .
Holiday and Leave
The factory closes one day a week. The workers can take leave when they have illnesses,
and the administrative body arranges the transportation in order to send the workers to
hospital.
Working and Living Conditions
The factory prepared the hostels and provides potable water, and put mosquito netting
and tin at the hostels and the atmosphere is clean.
Interview (3)
Interview Date: ------------------------------------
Person (1) Person (2)
Name: Min Htwe Name: Za Za Maw
Sex: Male Sex: Female
Age: 23 year old Age: 21 year old
Place of Birth: Rangoon Place of Birth: Rangoon
Education: Education:
Factory: Lin Factory Factory Lin Factory
Type of Factory: Garment Type of Factory: Garment
Work Force: 150 Work Force: 150
The Factory is an outlet one from Bangkok. They have been working in this factory for
more than two years. The factory usually sends the products to Bangkok.
Schedule
Regular working hours
- Morning Shift 08:00am to 12:00am
- Afternoon Shift 01:00pm to 05:00pm
Overtime Shift
- Night Shift 06:00pm to 10:00pm
Payment and forced overtime
The factory usually hires only daily wage-earners, and the workers earn 60 Baht a day.
The administrative body establishes production targets the workers need to accomplish. If
the workers accomplish more than the production target the factory gives a bonus to the
relevant workers. But nevertheless the factory does not pay for overtime.
Every worker gets a 300 -500 Baht bonus during the peak production period. Meanwhile
the factory deducts monthly 250 Baht for rice and 300 Baht for work permits from their
salaries. The workers need to buy curry and it costs about 300 Baht a month. A little
more than 1,500 Baht is left in the workers’ hands per month. There were only 15
working days in February and the workers earned less than 1,000 Baht. Min Htwe, for
example, earned only 625 Baht in February. And the workers faced difficulty for their
survival in February.
Holiday and Leave
The factory does not close, even on Sundays. But nevertheless the factory closes for one
day after the pay–day. The administrative body sends the workers to hospital when they
suffer severe illness. If the workers fail to appear for work without prior permission, the
factory fines 50 Baht for a half – day and 100 Baht for a whole day.
General
Despite there being no child labor in this factory there are 11 workers who do not hold
work permit issued by the Thai authorities. Whenever the factory hears the Thai authority
will check the factory, it dismisses the workers who do not hold work permits. The
workers interviewed had already paid 1,800 Baht (equivalent to six months salary) and
the factory will deduct the remaining of 1,700 Baht from their salaries.
Interview (4)
Interview Date: ------------------------------------
Person (1)
Name: Win Ko Ko
Sex: Male
Age: 23 year old
Place of Birth: Rangoon
Education:
Name of factory: Nasawat Apparel Co., ltd
Type of Factory: Garment (Shirts and Trousers)
Work Force: 300
Working Hours, Poor Payment and Human Rights Violations
The workers have to work from 08:00am to midnight, and sometimes until next morning.
They can earn 1,500 Baht but do not get compensated for overtime. On 22 December
2001, the workers protested against the factory because the factory did not pay their
salaries for almost three months. But the factory administrative body paid only for
November and told the workers that they can complain wherever they wish.
While other factories deduct 300 Baht a month from salaries for work permits, this
factory deducted 500 Baht. The workers had waited almost three months and had faced
difficulties for their survival.
One night after the overtime shift at 09:00pm, five worker activists discussed making a
protest against the factory. The owner warned already that the factory will contact the
police to arrest the workers if they protest.
As the workers demonstrated the factory owner made a phone–call to the police station
and said to arrest these five activist workers. The police kicked the workers after they
complained that they have work permits and disputed the way the police arrested them.
The police kicked them until their heads and noses were bleeding. They took them into
custody and put them into a truck. These workers were repatriated to Burma after they
had been detained for two days. The five worker activists are San Khe, Tin Tun, Myo
Min, Naing Naing and another whose name is unknown.
Interview (5)
Interview Date: ------------------------------------
Name: Aung Khaing
Sex: Male
Age: 22 year old
Place of Birth: Hmawbi Village,Paung Township, Mon State
Education:
Name of factory: New Products Knitwear Co., ltd
Type of Factory: Knitwear
Work Force: Over 1500
He had worked for almost seven factories. The factory in which he is working now is
more hot than the other factories in summer and there is no fan at all. The factory does
not allow workers to form a union ---it allows only social welfare associations which
work in the owner’s favor . The association doesn’t really deal with workers affairs--it in
fact, aims to
1. control the drunk workers,
2. discourage gambling,
3. solve the quarrels within the factory, and
4. solve the emergency epidemics.
The association sometimes acts as a mediator when salary conflicts appear among the
factory managers and the workers. But nevertheless it usually takes more positions for the
owner than the workers. According to Aung Khaing, the majority of workers did not like
the association anymore.
The factory administrative body divided workers into two types; daily wage-earners and
piece – production workers. There are nine types of work in this factory, namely
1. Spinning Section
2. Knitting Section
3. Patching Section
4. Cloth Connecting Section (Sewing Section)
5. Fine Cloth Section (Cutting for Extra – Yarn )
6. Washing Section
7. Ironing Section
8. Final Cloth Checking Section
9. Packing Section
A majority of workers work at the knitting section and sewing section. The workers in the
knitting section earn through the piece work system, and the workers at the sewing
section earn through the daily wage system.
Child Labor
There are an estimated 15 child laborers aged between 14 and 15 years. Some of them
come to Thailand together with their relatives or their parents. They earn between 45 -50
Baht, and their schedules are the same as other workers.
Schedule
Regular working hours
- Morning Shift 08:00am to 12:00am
- Afternoon Shift 01:00pm to 05:00pm
Overtime
- Night Shift 06:00pm to 09:00pm
Every worker in this factory has to work at least 11 hours per day including overtime.
Although there is no overtime on Saturdays and Sundays the workers need to work until
05:00pm. The day after payday, the factory closes.
Overtime
In the peak production period the workers must work overtime from 6:00pm to midnight,
and sometimes return to work at 06:00am in the next morning. In the rush peak -
production period the workers must start at 8:00am so they have only two hours rest.
Once in three months the workers have to work for almost three days without a rest. But
nevertheless there are only 15 working days at the moment
Poor Payment
The factory administrative body does not provide information about payment ahead of
time to the workers receiving piece-work rates. The workers actually find out how much
they will earn for piece-work only 7 days before payday. A new worker gets his first pay
only after he has worked for 40 days. It means that the factory took 10 days deduction if
he or she resigns from the job. Dissatisfaction with payment always appeared among
these workers.
Piece-work rates vary depending on design and target time; earnings can vary depending
on the production knitting machine ass igned, for example Gate 3, Gate 5 or Gate 7. Some
workers can use Gate 3 knitting machine on the one hand and some can use Gate 5 and
Gate 7 on the other—all depending on the design of the work. Some workers must use
other machines because they do not have enough skill. For the lack of skill some workers
can not earn enough for their daily expense.
Skilled workers who have worked the same machine all the time can earn between 2,000
-2,500 Baht, but unskilled workers can earn only between 1,000 -1,500 Baht. They earn 7
Baht per hour in the overtime shift. For example, the workers will get 620 Baht for a
dozen products under the piece–rate system. The skilled workers need a week to
complete a dozen products but unskilled ones need at least 12 days.
If the Quality Control section does not like the product quality the workers need to do the
spinning again.
The factory administrative body deducts 300 Baht a month from pay for work permit
card. Aung Khaing earned more than 2,000 Baht only two times in the past six months.
Lack of Leave
There is a doctor at the factory, and the workers can take leave but only with permission
from the doctor.
Living Conditions
The factory administrative body arranges double beds for workers. But the workers
cannot sleep in the summer because there is no ceiling fan on the one hand and it is too
cold in the winter on the other. There are a little more than 40 toilets and they are too
dirty. When the water is out of order the workers must go in the field outside the factory.
Used water from the washing machines is stored near the factory and bad odor always
permeates the factory. Thai people who live near by the factory also protest the bad odor.
General
The factory manager used to warn the workers not to demand increased salaries, and he
also warned that he would let go 11 workers and bring in new ones. Meanwhile workers
earn no more than 500 Baht (net) because the factory has little work and deducts 300
Baht for work permit cards.
Interview (6)
Interview Date: ------------------------------------
Name: Daw Soe Soe
Worker’s No.: 448 51282
Type of Job: Janitor
Sex: Female
Age: 46 year old
Place of Birth: Kyeik HtoTownship, Mon State
Education:
Name of factory: TK Co., ltd
Type of Factory: Garment (Export)
Work Force: Over 5,000
Production’s Brand: Camel and A II Z
The factory is the biggest one in Mae Sot and it lies outside, and it produces trousers,
shirts, rain coats and sport shirts. The most common production brands are Camel and A
II Z. The factory administrative body does not allow any strangers to enter into the
compound. If the workers’ relatives or friends want to see them the factory administrative
body allows this only at the break time and the worker must meet visitors at the gate.
There are almost six sub–factories in the compound. Every worker is holding work
permit cards.
Normally the factory won’t easily hire new workers ----when it does, workers need to
sign a one year contract. . If a new one wants to apply when the factory advertises for
new jobs the new workers have to fill out the application form through an interpreter, and
the factory keeps always of their identity cards. (It is quite difficult to travel without
carrying identity card in Burma. Whenever they across the Thai–Burma border, Burmese
people need to show identity card to the Burmese immigration officials. If they cannot
show it the official demands a fine or a signature. This is the reason the factory keeps the
ID cards. )
If a new worker has no ID cards the factory normally hires him or her after receiving a
grant from one of the former workers and takes 500 Baht as a deduction. Most of the
workers are female and the male workers are mainly working at the packing section and
ironing section. The factories primarily hires workers around and under 25 years of age
but nevertheless hires some who are over 35 years old only for janitor posts.
Schedule
Regular working hours
- Morning Shift 08:00am to 12:00am
- Afternoon Shift 01:00pm to 05:00pm
Overtime Shift
- Night Shift 06:00pm to 08:00pm, 10:00pm and 11:00pm
All the janitors need to work from 07:00 o’clock in the morning and have to work eight
hours a day. During the peak production period the workers need to work till 10:00pm or
11:00pm depending on the production targets.
Payment
The majority of the workers are daily wage-earners and they earn 50 -80 Baht a day. The
workers who earn between 75 -80 Baht are the long-term workers. As for overtime wage,
the workers who earn 50 Baht a day will get 5 Baht per hour while the ones who earn 80
Baht will get 8 Baht for extra hour. The factory takes holds back wages equivalent to ten
days wages. It’s estimated that the workers earn a little over 2,000 Baht a month. But
after November 2001, the administrative body deducted 250 Baht from the salary for
work permit card, 250 Baht for rice and 400Baht for curry. The fewer hours of overtime
worked, the less income for the workers.
Bonus
The factory used to deduct 150 Baht a month for four – month period and it pays 700
Baht as a bonus in a year.
Holiday and Leave
There is no holiday and the workers are not allowed to go out but the factory closes the
day after the pay – day. And the factory usually pays salary on 5th every month, and is
closed on the 6th. The administration only allows the visitors to see the workers at lunch
and dinner breaks at the gate. It allows leave if the worker suffers illness but workers are
disappointed because they need to ask their boss step by step. And the administration
sends the workers to the hospital if they severely suffered illness.
Living Conditions and Deduction
The factory prepares lodging for the workers and even a factory owner built a house and
lives in the compound himself. The factory provides enough water and toilets. If the
workers wish to resign they have to pay 1,500 Baht to change their work permit card.
Some workers fled the factory climbing the fence that is two times the height of a person;
their colleagues in the compound helped to throw their belongings outside. The security
guards saw and caught the run–away workers. The factory re-appointed some of them
after securing a guarantee from them, or allowed the workers to resign (only after they
paid 1,500 Baht,) or allowed them to leave after they fully paid back the expense of the
work permit.
Opinion on Work
Daw Soe Soe does not see her job improving and also does not see her life will change in
the future. She now gets 500 Baht (net) a month; equivalent in Burmese currency to
nearly 10,000 Kyat. It is very difficult to earn this amount of money in Burma; despite
this she wishes to go back to Burma but there is no chance to do so.
Interview (7)
Interview Date: ------------------------------------
Person (1) Person (2)
Name: Naing Lin Soe Name: Win Tun
Sex: Male Sex: Male
Age: 18 year old Age: 19 year old
Place of Birth: Kyeik Hto Township, Mon State. Place of Birth: Thaton
Education: 7th Grade Education: 8th Grade
Name of Factory: KS Name of Factory: KS
Type of Factory: Knitting Type of Factory: Knitting
Work Force: 120 Work Force: 120
They have been working in this factory for nearly two years and the factory has been
established for three years. The majority of the workers are female and all the workers are
piece – rate workers. The owner is Thai and the factory takes raw materials from the
giant factories in Mae Sot. Both of them left Burma in 1998 and they both have four
siblings each. The father of Naing Lin Soe is working as a tailor and the parents of Win
Tun are vendors. While Naing Lin Soe was studying in the 7th Grade his family had a
financial crisis; he quit school and has worked at the construction site in order to support
his family. He earned 80 Kyat a day. He was only 15 years old when he left Burma for
Thailand.
Schedule
Regular working hours
- Morning Shift 08:00am to 12:00am
- Afternoon Shift 01:00pm to 05:00pm
Overtime Shift
- Night Shift 06:00pm to10:00pm and 11:00pm
They have been used to working between 12 hours and 13 hours a day. During the peak
production period the workers must work till midnight.
Poor Payment
Most of the workers are piece – rate workers and they earnings depend on their products.
Some workers are daily wage earners and they earn 50 Baht a day. If the workers work
until 11:00pm they will get one ready – made noodle pack free of change.
The factory administration sometimes says ahead of time how much they will pay for a
dozen pieces but they normally did not say. So the workers are working with the hope of
how much they will earn for a month. Despite how many dozen pieces they complete
they sometimes got less than they had hoped and they suffered frustration.
The two workers have earned more than 3,000 Baht a month only twice within two years
but they normally earn between 1,000 -2,000 Baht a month. Whoever is dismissed they
do not get any pay, and they did not ask to get the 10 days of withheld wages because
they know they will not get them.
Deductions
All the workers have 300 Baht deducted from their salaries monthly for work permit
card. The workers buy curry and it costs 450 Baht a month. So their net income is a little
more than 1,000 Baht.
Lack of Rest
The factory closes only the day after pay–day, so the workers have only one holiday a
month. On Sundays they have to work until nearly 09:00 o’clock at night. The workers
get ill because they have to work for many days without holiday. The factory owner
closes only after many workers suffer illness. The job is not very good for health because
one must stand the whole day. One of their friends from Thaton worked hard and he got
“maw disease” and went back to Burma to get medical treatment. His savings are totally
gone. Although he came back to the factory after he recovered he can no longer can work
as he did before so then he went back again to Burma.
Dismissal
Win Tun was dismissed from his job together with 25 other workers in May 2001
because they asked the owner to increase the piece–work rate. The factory pays 110 Baht
for a dozen products. It is one day and one morning to complete a dozen. The workers
asked for an increase of 10 Baht for a dozen. The owner said no and dismissed them and
would not allow them to stay at the hostel any longer.
Although each dismissed worker had to get 1,500 Baht the boss did not pay right away
but said come and pick it up six months after they were dismissed. Five days after the
incident Win Tun and other seven workers got a job again in the same factory after they
promised that they won’t ask for an increase in the piece-work rate. The others were
moved to other factories. The workers who had been dismissed from this factory will
never get their 10 days of withheld wages.
General
It can not be possible for these workers to go to another factory after they get their work
permit, even if the workers do not like the payment and working conditions. The work
permit expense was already paid by the factory owner and they would face more
difficulties if the workers find jobs in other factories. The day after pay day on 22
January 2002 Win Tun went with two girls to Myawaddy, across the Burma border. On
the way to the river – bank two men approach them and asked them to show work
permits. When they showed them work permit photocopies the two Thai men robbed
them of 3,000 Baht that they wanted to transfer to Burma.
Interview (8)
Interview Date: ------------------------------------
Name: Thet Ko
Sex: Male
Age: 18 year old
Place of Birth: Kyeik Ka Thar Village, Kyeik HtoTownship, Mon State
Education: 4th Grade
Name of factory: New Product Co., ltd
Type of Factory: Garment (Male Trousers)
Work Force: Over 100
Thet Ko has been to Mae Sot since four years ago together with his mother and sister, and
he also has been working in Mae Sot for nearly four years. In this last factory he has been
working for three months.
Schedule
Regular working hours
- Morning Shift 08:00am to 12:00am
- Afternoon Shift 01:00pm to 05:00pm
Overtime
- Night Shift 06:00pm to10:00pm
Forced overtime and payment
The workers can earn 45 Baht a day and 6 Baht for each hour over time. There are more
than 50 illegal workers the factory and they all have no work permit. Meanwhile
registered workers at the same factory can earn from 55-80 Baht a day. These illegal
workers can not pay deductions for work permits --they can only earn 45 Baht a day. The
usual task is to produce trousers and to accept any work as the owner directs, for
example, each worker has to fix two pockets on an item and he or she has to fix 400
pockets a day.
Working Security
The factory hired more illegal workers including Thet Ko. And the workers unfortunately
heard that Thai authorities will come and check the factory on 26 February 2002. The
factory owner told the unregistered workers that after the overtime shift on 25 February
they should move to another place. At about 10:00pm on the same night these workers
were sent to the farm belong to the owner’s brother----there they had to take all
responsibility for themselves, including providing foodstuffs. All they were given was
the space to live in.
In the evening of 28 February, the owner came to the farm and said he cannot take
responsibility for their security. So the workers went to another place, gradually making
their way. Then they heard that Thai police came to the farm the next day but no one was
arrested because nobody was there. Although the workers asked the owner to give them
an advance of about 300 Baht, the boss did not do it but said come and pick the salary up
on 12 March 2002, the regular pay–day. All of these unregistered workers were
automatically dismissed because the factory did not allow them to continue to work there.
Future Plans for Work
Thet Ko wishes to go back to Burma. If he has saved about 100,000 Kyats (about 8000
Baht) he will go back and launch a barber shop or a tailor and live calmly, he said.
Interview (9)
Interview Date: ------------------------------------
Person (1) Person (2)
Name: Ye Naung Name: Aye Min
Sex: Male Sex: Male
Age: 18 year old Age: 19 year old
Place of Birth: Kyone Doe, Karen State. Place of Birth: Paung, Mon State
Education: 7th Grade Education: 7th Grade
Factory: Belong Co., ltd. Factory: Belong Co., ltd.
Type of Factory: Knitting Type of Factory: Knitting
Work Force: 200 Work Force: 200
Service: 2 years Service Over one year
Owner: Hong Kong
Schedule
Regular working hours
- Morning Shift 08:00am to 12:00am
- Afternoon Shift 01:00pm to 05:00pm
Overtime Shift
- Night Shift 06:00pm to10:00 pm
Regular working day totals 12 hours and twice a month work starts at 08:00am to
08:00am in the next morning to work.
Forced overtime and Payment
Most of the workers in this factory are piece–rate workers. Their salary depends on a
piece–rate system. They earn 350 Baht for producing a dozen sweaters and it will take
three days; but they have to work until 10:00pm without payment for overtime. For
example, in order to accomplish three front parts of sweaters the workers have to work
almost four hours. If the skilled worker works without problems he or she will earn on
average 2500 Baht for the month. Other workers earn between 1800 Baht-2000 Baht.
The factory almost always does not say prior to production what the piece–rate payment
will be, and the boss does not like when the workers ask about it. The administration will
reveal the pay rate only five days before payday. Once eleven workers were dismissed
because they asked to increase the piece–rate. The factory will never pay salary to the
dismissed ones. Now no one dares to ask to increase of payment.
Deductions and Irregular Work
The factory administration cuts 300 Baht from salaries for work permit. Some factories
deduct 300 Baht a month if the workers earn more than a thousand Baht; but in this
factory they deduct 300 Baht once the workers have earned 500 Baht a month. Since
October 2001 there has been less work and the workers can earn only about 700 Baht.
That means all that’s left is only enough to cover expenses. Currently every worker in the
factory have a debt more than 500 Baht. The wife of the factory owner borrowed (100)
Baht and the borrowing workers need to pay back 120 Baht from their salaries. Although
the factory provides rice they mixed one bag of broken rice to ten sound rice bags.
Rest, Leave and Healthcare
There is one holiday a month but it would be one day after the pay–day, and the workers
can take leave. If absent for three times without having leave approved the workers will
be dismissed. Only if the workers are severely suffering illness, will the factory
administration send them to Maetao clinic. They will not send them to Mae Sot hospital
and any treatment charges are deducted from salary.
A friend from Henzada Township went back to Burma because he suffered throat cancer
probably from having long term exposure to wool–dust. In the beginning he coughed,
then vomited blood from his mouth. He went home, and they heard that he died in April
2001 with throat cancer.
Living Conditions
The factory administrative body arranges hostels for the workers to live in. They provide
good water, but there are only four toilets, and the bad odour permeates the hostels.
Present Situation
The factory workers have currently no longer regular work compared to what they had in
the past. We heard that this time is a period when the workers have faced the most
difficulty since they arrived in Thailand. Some factories have work for only two months
out of every six months.
Interview 10
Interview Date: ------------------------
Name: Ma Kyi
Sex: Female
Age: 36-year-old
Place of Birth: Pa-An Township, Karen State
Education: ---------
Name of Factory: CK 1 Co., Ltd
Type of Factory: Knitting (Export)
Work Force: Over 2000
Service: 4 years
Child Labor
There is a lot of child labor in this factory and they are around 13 –14 years old. Their
tasks are clothes -checking and working especially with sitting sewing machines. Some
children came to Thailand following to their parents and some came together with their
siblings. Some observers regularly visit the factory, but the workers thought that they
were representatives of the company or external monitors. When they visited the factory
the administration department said the workers were to keep to themselves somewhere
outside the factory compound. Sometimes the department kept the workers in secure
parts of the compound. The observers are probably the customers who have ordered the
knitwear.
Schedule
Regular Working Hours
- Morning Shift 8:00 am - 12:00 am
- Afternoon Shift 1:00 pm - 5:00 pm
Overtime Shift
- Night Shift 6:00 pm - 9:00 pm
During the peak production period the workers have to work until midnight or 1:00
o'clock after midnight.
Forced overtime and payment
The factory normally hires only daily wage -earners and piece-rate workers but most of
the workers are piece-rate workers. At present, the workers from the Knitting Section
earn 380 Baht for a dozen pieces. While the skilled workers produce a dozen pieces
within five days, the unskilled ones need seven days to ten days.
The daily wage-earners who earn 40 Baht a day, get 10 Baht an hour for overtime after
5:00 o'clock in the evening. The rest of the workers need to work at least 12 hours a day
before they’re entitled to overtime payment. The piece-rate workers cannot get overtime
payment but are only paid according to the pieces they produce. The workers who have
been working at the Fine Clothing section may earn 8-10 Baht an hour for overtime
assignment.
Knitting workers in the factory earn maybe between 2,000 –3,000 Baht a month.
Deductions for work permit
Even when the workers can earn only 500 or 1000 Baht a month, (in periods of low
production) the factory administration department has cut 300 Baht from salaries for
work permits without caring if the workers have enough left to feed themselves until they
get their ne xt pay.
Regular Employment
Regular employment is not provided in the factory. There are almost three months during
which the factory gets few orders and for that reason some workers went and worked at
the farms and the construction sites. Meanwhile, because of the lack of work in the
factory and the deduction of 300 Baht a month for work permits the workers have been
severely suffering for lack of food in the next month.
Living Conditions
Water Problem
There are two pools just outside the factory compound, and the water from the one pool
is pumped up for shower and the other for toilets. Flushing water is flowed back to the
one pool when the other one that provides water for showers is totally dried up. Although
the factory has been providing water through the water sanitation pipes the workers need
to rush to take shower. The houses near by the factory allow the workers to take shower
but they have to pay 2 Baht for each time.
Drinking Water Problems
The workers used to wait for water provision time and gathered and stored it for drinking
water, but the factory did not provide enough potable water to the workers.
Rice Problems
Although the factory provides rice, the workers need to line up to get rice and some
workers who did not get enough rice line up again to get extra rice. If they are late they
cannot get rice because the rice is totally finished.
Health Care
Although there is a clinic in the factory they normally give only paracetamol tablets when
the workers visit to the clinic, --workers need to buy medicine by themselves. Most of the
workers used to visit Maetao Clinic when they suffered illnesses, and the workers have
not got a chance to visit the hospitals because the factory allowed the workers to hold
only photocopies of the work permit cards and kept original ones. This makes it
impossible for them to apply.
Activities
The workers are not allowed to form workers’ unions and do not have the right to bargain
collectively. There is no social welfare association and the factory used to dismiss the
workers who organized around worker affairs. So no -one dares enough to participate or
organize on worker issues. Although the workers had asked the administration
department to increase the piece-rate payments no response has come, and the workers
who have been dismissed from the factory will never get their pay.
Factory examinations
External monitors and the representatives from the ordering companies used to visit and
check the situation of the factory and the activities of the workers. The workers were told
to keep their cooking materials at the hostels and the company told more than 1000
workers to stay outside the factory compound when the external monitors and the
representatives visit. The factory allowed only the workers who are trusted by the owner
to stay inside the compound. The workers must work from 8 o'clock in the morning to
late night but the owner told the workers to say they must work only two hours for
overtime. In fact, the workers have to work until 9:00 pm without ha ving overtime pay.
And the owner sometimes told the workers that they got 25 Baht an hour for overtime
but, in fact, they got only 10 Baht. The workers were forced to state they earn 133 Baht a
day and 53 Baht for food and accomodation. The factory provid es adequate water only
when the monitors and the representatives visited. There are only 32 toilets. When the
visitors were there the toilets were totally cleaned and supplied with washing soap and
toilet paper but when they left the toilets became dirty again.
Opinion on Work
Although she has been working in the factory for almost four years there is no
improvement in her life. In the past she transferred money to her family but she has not
transferred money for four months. Two of her children are stud ying and the youngest
one is only breast-feeding age. In the past two years she bought two farms in Burma. She
decided that if there is not enough work until April she would go back to Burma.
Interview 11
Interview Date: 3 February 2002
Name: Ma Nge
Sex: Female
Age: 28-year-old
Place of Birth: Myitkyina Township, Kachin State
Education: 10th Grade
Factory: King Body Concept Co., Ltd
Type of Factory: Garment (Export)
Work Force: 1,800
Types of Clothing: Bras, Underwear, Jerkin, Tracksuit, Sleepwear, Shirts and
Sportshirts.
Service: 2 years
There are more than 500 Thai workers but the majority are Burmese female workers.
There is no trade union for both Burmese workers and Thai workers. There are almost 42
sections and each section has 38 workers, and all the workers are daily- wage earners.
Child Labor
There are about 20 child laborers at the factory, and there are four child laborers at
Section No. 22 and they are about 13 –14 years old. All of these child laborers are female
and they earn 45 Baht a day, and they have to work overtime the same as other mature
workers. Their task is to cut unnecessary extra threads from the products, and some
children work at the ironing section.
Schedule
Regular Working Hours
- Morning Shift 8:00 am - 12:00 am
- Afternoon Shift 1:00 pm - 5:00 pm
Overtime Shift
- Night Shift 6:00 pm - 9:00 or 10:00 pm
During peak production period /rush period the workers have to work until two o'clock
next morning and sometimes until four o'clock but in these cases the factory allows the
workers to rest from 8:00 am to 1:00 pm on the same day.
Payment
Both Thai and Burmese are daily wage -earners but Thai workers have earned 110 Baht a
day since they started working and they get 16 Baht an hour for overtime, with increased
pay up to 133 Baht after they have worked for six months. But Burmese workers earn
only 50 Baht in the beginning and they get only 6 Baht an hour for overtime, and
increased pay up to only 55 Baht after six months.
Both Thai and Burmese workers who worked for two Sundays earned double pay.
Deductions
While Thai workers lose 150 Baht a month from their salary for rice, the Burmese
workers lose 300 Baht a month for work permits, 150 Baht for rice, and 100 Baht for
accommodation. This is a total of 550 Baht deducted from their salary—a majority of
Burmese workers earn between 1,900 Baht and 2,300 Baht a month.
Rest and Leave
There is no limitation for holiday. Although Thai workers have no problem if they refuse
to work overtime, Bur mese workers must work overtime. Both Thai and Burmese
workers can take a leave when they suffer illnesses, and the administration department
closes the factory the day after payday. The factory arranged hostels in the factory
compound for the workers to live in, and it brought workers to the hospital when they
severely suffered illnesses.
General
When security saw and caught workers who stole factory products or property they
handed them over to the police. And they warn the workers when they are absent from
work without having prior permission that the factory will dismiss them if the workers
are absent again.
Interview 12
Interview Date: 12 February 2002
Name: Wa Wa
Sex: Female
Age: 23-year-old
Place of Birth: Pegu Township, Pegu Diision
Education:
Factory: New Products Co., Ltd
Type of Factory: Garment (Export to India)
Work Force: 100
Service: 6 months
Founded five years ago.
She has been in Thailand for more than six years in 1996 and she has worked at different
factories, and she thought that this factory in which she is now working is the hottest and
payments are smallest.
Schedule
Regular working hours
- Morning Shift 8:00 am - 12:00 am
- Afternoon Shift 1:00 pm - 5:00 pm
Overtime Shift
- Night Shift 6:00 pm - 10:00 pm
All workers have to work 12 hours a day including overtime but in January 2002 the
workers had to work until 7:00 o'clock next morning for about ten days because of the
peak production orders. After working overnight they would start again at 1:00 pm the
same day.
Payment
All the workers are daily wage-earners. There are four types of workers; those who earn
45, 50, 55 and 60 Baht.
A new worker will get 45 Baht in the beginning, but the factory pays 55 Baht a day if the
worker has skill and experience from other factories. Only those who have been working
for a long time in this factory will earn 60 Baht a day. The workers get 7 Baht an hour
for overtime.
So if there is overtime available they earn, on average, 2,000 Baht a month but if
overtime is not available they earn about 1,500 Baht, and will get a little more income
only when overtime is available.
Deductions
The factory deducts 600 Baht a month from salary for a work permit. Workers need to
cook for themselves, and if they do not wish to cook they have to pay 500 Baht a month
for food. Because of deductions, little money is left when overtime is unavailable.
Working conditions
There is only one entrance and the roof and fence are made of galvanized iron sheets.
When the weather is extremely hot the workers cannot work well, and they face verbal
abuse and harsh words from the boss if they do not meet a production target. If the
workers, for example, complete a hundred pieces of edging hems, they have disappointed
the boss because he or she wants to have 200 pieces a day.
The factory allows the workers to use only ten minutes for toilet breaks but it take five
minutes to walk up and down from the toilets. The factory threatens that they will make
deductions from pay if the workers take fifteen minutes. Workers need to get a
permission slip to go to the toilet and the factory allows only five people to go at the
same time. If the first five people are still using toilets the workers need to wait until the
first ones have come back. But nevertheless no one was allowed to go to toilet after 11:30
am and after 4:30 pm because the times are near to the scheduled break times.
Rest and Leave
Everyone can take leave, without restriction, if they suffer illness. The factory closes the
next day after the payday.
Living Conditions
The factory arranges hostels for the workers to live in, but the hostels have only one
entrance and the roof and walls are made of galvanized iron sheets. In the summertime it
is extremely hot; the workers cannot take a rest at the lunch break, and the workers have
to sleep on double-deck bunk beds. The person who has to sleep on the lower deck
cannot stand up and the person on the upper deck cannot sleep because it is too close to
the roof and too hot.
The administration section provides electricity for cooking at the hostels but the workers
faced many difficulties such as getting electric shocks from the wire. And the workers
have to use only tap water because the factory did not provide potable water. Only when
there are visitors does it provide drinking water. So sometimes the workers cannot drink
the tap water because it has a bad smell.
Outside Security
Three months ago, while the female workers were walking just outside the factory
compound, two Thai motorcyclists brutally dragged one of the girls onto the motorbike.
When the many workers shouted aloud and followed them they released her. After that
incident the female workers do not dare to go out of the factory compound after 5 o'clock
in the evening.
Interview 13
Interview Date: ------------------
Name: Ko Min Min Oo
Sex: Male
Age: 24-year-old
Place of Birth: Tha-Hton
Education: 4th Grade
Factory: TK Co., Ltd
Type of Factory: Garment (Export)
Work Force: Over 2,000
Trade Mark: Camel
Production: T-Shirts, Sport Shirts, Vests, Trousers and Shirts
He has been in Thailand since 1996 and he has worked in this factory from 1997 to
November 2000. But he was dismissed from his job together with another 30 workers in
November 2000. Every worker needs to fill out a job application form and give their
identity card to the factory; if the workers do not do so, they have to pay a 500 Baht
guarantee. The factory administration asked how many years he will work when he
applied, and he said he will work as long as he enjoys it. The factory hires only the
people who will commit to work at least one year. There are six main sections in the
factory, and after it completes packing it exports the products under the trademark
"Camel", shipping mainly to the United States.
Working Hours
There are three working assignments; morning, afternoon and night shift. The morning
shift starts at 8:00 o'clock and every worker needs to reach the factory 15 minutes before
shift to punch in their time card. Likewise, the workers need to arrive back before 1:00
pm and punch in their time card for the afternoon shift.
Schedule
Regular working hours
- Morning Shift 8:00 am - 12:00 am
- Afternoon Shift 1:00 pm - 5:00 pm
Overtime
- Night Shift 6:00 pm - 9:00 or 10:00 pm
Peak Production Period
During peak production period and rush orders the workers need to work until 7 o'clock
next morning, and the factory allows the workers to take a rest in the morning but they
need to work again at 1:00 o'clock in the afternoon.
Holiday and leave
The factory usually closes on the 6th day of every month, and the workers usually go
shopping but there is no holiday on the weekends. Only a few times the factory permits
the workers to not work overtime. Every worker is allowed to go out only on 6th. There
is a doctor at the factory and the workers can take sick leave with the doctor's permission.
Poor Payment
All the workers in this factory are daily wage-earners; they earned 40 Baht a day when
they started in the past but they earn 45 Baht now. The long term workers who have been
working for more than four years can get between 70 and 80 Baht a day. There are some
Thai workers and they earn 130 Baht a day when they start. The factory used to not
increase the payment but wo uld pay 2 to 5 Baht depending on how many pieces they
completed; it would happened only on Chinese New Year Day and on Thai Water
Festival Days.
Overtime Payment
The factory administration does not fix how much it will pay for overtime; it depends on
how much the workers earn a day. A new worker who has got 40 Baht a day earns 5 Baht
per hour for overtime; a long-term worker who has got 80 Baht a day gets 10 Baht. The
workers will get 3,000 Baht average a month if they work regularly until 11:00 pm or
midnight. The factory administration normally deducts 250 Baht a month from their
salary for accomodation and rice. There is an electricity meter box at each dormitory
room and the workers need to pay for how much electricity they use. So after these costs
about 2,500 Baht is left for the workers.
Withholding of pay
The factory administration usually holds back 200 Baht for six months for compulsory
savings and then pays back 1,400 Baht, but now it takes for only three months and pays
back 700 Baht.
Child Labor
In Section One there are three child laborers and they are about 14 or 15 years old; they
have to work at the ironing section and removing unnecessary threads section.
Discrimination and Dismissal
The factory also hires Thai employees. Once one of the Thai workers punched a
Burmese female worker who worked in the same section; this Thai worker is a drug
addict and he did it because the women are talking about him and his mind was totally
upside-down for drug abuse. When 21 Burmese workers went to the manager and
reported the incident the manager did nothing, only replied it happened because they did
not clearly understand the language.
In a similar way, Thai workers threaten the Burmese workers, and sometimes
Burmese are dismissed but the factory rarely dismisses Thai workers. In this case 31
Burmese workers including the female worker who had been punched were dismissed;
the factory did not pay 21 male Burmese workers and told nine of the female workers to
pick up their salary in the next month. When the 21 Burmese workers asked the manager
to have charges laid against the Thai workers involved the manager instead took photos
of the Burmese and sent messages to other factories that they should not hire these
workers. Now these workers cannot find a job in other factories.
The female Burmese worker who was punched is named Ma Thuzar Nwe from Kaw Bein
Village, Kawkareik Township in Mon State. In fact, the factory rehired the Thai worker
who punched the woman, although it initially him.
Miscellaneous
The factory normally does not allow the workers to quit their job, but nevertheless the
factory administration department favors the skilled and long-term workers. Some
workers ran secretly from the factory. The factory sells the substandard produc ts that it is
impossible to export and at that time local stores used to come and buy. The workers who
wish to wear the "Camel" trademark they have to buy items from the local stores and the
administration asked the workers who wear the "Camel" ones when and where they
bought. If the security saw and caught the worker who stole factory products they
shackled him and transfer him to the police. The factory does not print labels to show
that these products are made in Thailand.
6. General Conclusions
We can conclude from these reports that there are some constant features of work for
Burmese migrant workers in factories on the border. Burmese migrant workers have to
work from 8 o’clock in the morning to 10 o’clock at night every day. Sometimes they
have to work until midnight or 2 o’clock next morning during the peak production period.
It means that the workers must work an average of 12 hours a day, seven days a week to
earn round about US$40 – 45 dollars a month after deductions for work permit expense.
As little as 1,000 Baht is left each month after the deduction of 300 Baht for a work
permit, 250 Baht for rice and lodgings. So workers cannot save and transfer money to
their family.
During the irregular working period they cannot earn even enough for survival but
sink in the debt-circle, always hoping to get better working time. After the September
11th attack some factories have not got any big orders and the workers have faced severe
problems, and much diminished working and living conditions.
Like the factories in Burma, the factories in Maesot abuse human rights and
violate workers’ rights. These Burmese migrant workers can never earn minimum wages
of 133 Baht a day –the minimum that the Thai government recognizes in Tak province.
We learned that one Thai worker is exactly equivalent to a work force of two Burmese
workers. We know that the Burmese workers do not know what brands the factory is
producing. In recent months they have less hope that they would get better life or higher
living standard in their future, could save money or be able to provide for their family.
Although they are not satisfied working under these situations they have no other
way except going ahead because they can only earn about 10,000 Kyats a month in
Burma, the equivalent to around 600 Baht.
Rather than the Thai entrepreneurs oppressing the workers in various ways and
treating them as robots they should recognize they share common interests. And the Thai
government should understand the situation of these Burmese migrant workers and
should implement its laws protecting foreign workers; the migrant workers on their part
should know well their rights and should welcome Thai regulations.
Strictly enforcing the rules on work permits can literally translate into tight
oppression of the workers who cannot move to another factory under the permit system.
Under the existing Thai laws, Burmese workers have no way to find a job in other
factories if they are disappointed with their management. If they either resign or have
been dismissed they appear as de-registered workers, and they lose their deposit, or all
money deducted for work permit.
Only when the workers live in reciept of justice, human rights, labor rights and
mutual understanding, will the manufacturing become an ethical production.
Than Doke
In charge of documentation and research department
Burma Labor Solidarity Organization
Appendix 1
Alien Work Permit Act B.E 2521 and Penalty for Employers and Migrant Workers (Burmese, Laos and Cambodians)
If Laws are Broken
Penalty or acts concerned on penalties Type of Penalties Sentence
Section 22 Employer
Appointment of aliens who have no work
permit (or) without following up according to
fill the data in the form
Section 39
Employer
At least three years imprisonment (or) 60,000
Baht fine (or) both can be punished.
Section 23 Employer
Appointment of aliens (or) forcing the
employees to work outside from the limited
work site (or) absence to forward report to
authorities telling about the alien workers who
stepped down from the jobs
Section 40
Employer
At least 1,000 Baht fine.
Section 7 Employee
Working without work permit by illegal migrant
Section 34
Employee
At least three months imprisonment (or) 5,000
Babt (or) both can be punished.
Section 21 Employee
Working another job without doing in limited
work or moving and working in another job
without doing limited work place.
Section 21
Employee
One month imprisonment (or) 2,000 Baht fine
or both can be punished.
Section 37 Employee
Work is being carried on after
the work permit was expired.
Section 37
Employee
At least three months imprisonment or 5,000
Baht fine or both can be punished.
Section 63 Employer
Trafficking illegal migrants from other nations
into the country is opposing law and providing
shelter and protection on alien workers.
Section 63
Employer
Maximum prison-term for 10 years and
100,000 Baht fine.
Section 64 Employer
Turning a blind eye to various supports such as
sheltering, or covering for illegal migrants.
Section 64
Employer
Maximum prison-term for 5 years and
100,000 Baht fine.
Penalty or acts concerned on penalties Type of Penalties Sentence
Section 81 Illegal migrant worker
Living in the country without permission or
living continuously after target date on work
permit is expired or holding the work permit
that is expired date.
Section 81
Illegal migrant worker
Two years maximum prison-term or 2,000
Baht fine or both of imprisonment and fine
can be punished.
Appendix 2
Tak Provincial Industrial Council
To Be Aware Illegal Migrants Must Follow Up The Following Points
1. Do not work without a wo rk permit. If someone is found on the job without work permit, he/she
must face these penalties – not less than three months imprisonment or not less than five thousand
Baht fine or both punishments.
2. After having received work permit, the workers must keep it along with them. Not less than 1,000
Baht must be fined if someone cannot show work permit when officials request it during
inspections inside or outside of the work place.
3. Application must be forwarded to concerned labor office within 15 days to issue a renewal if the
original permit is lost or destroyed. If a worker fails to do so the relevant worker must be fined
not less than 500 Baht.
4. No other jobs must be worked except the job described in the work permit. If the worker leaves
and does not follow up on the instructions, not less than one month imprisonment or not less than
2,000 Baht fine or both penalties must be carried out.
5. No permission to transfer to other entrepreneurs and works except written in the work permit. If
absent to follow up the adopted instructions, not less than one month imprisonment or not less
than 2,000 Baht or both of penalties must be fined.
Newsletter
Association of Tak Province Industrial Council
Letter No. 1 / 2544 August 31, 2001
“Issue work permits for illegal migrants”
Government allowed work permits for illegal migrants for one- year-working in Thailand, so aliens
whether belong to owner or without owner can inform to Tak province labor office within September
24 to October 13.
The expense for work permit is as follow:
Expense for first installment (First 6 months)
1. Fee for health insurance: 1,200 Baht (Free medical treatment for one year)
2. Charge for repatriation: 1,000 Baht (For one year)
3. Fee for work permit for 6 months: 900 Baht (First six months)
4. Fee for work permit card: 150 Baht (For one year)
Total amount for first installment: 3, 250 Baht ( For the first six months)
All expenses must be paid on the day of issuing work permit.
Appendix 3
A Brief Review of Migrant Labourers’ Protection under Thai Labour Law
Alien Work Permit Act B.E 2521 and Penalty for Employers and Migrant Workers (Burmese, Laos and Cambodians)
if Laws are Broken
Penalty or acts concerned on penalties Type of Penalties Sentence
Section 22 Employer
Appointment of aliens who have no work
permit (or) without following up according to
fill the data in the form
Section 39
Employer
At least three years imprisonment (or) 60,000
Baht fine (or) both can be punished.
Section 23 Employer
Appointment of aliens (or) forcing the
employees to work outside from the limited
work site (or) absence to forward report to
authorities telling about the alien workers who
stepped down from the jobs
Section 40
Employer
At least 1,000 Baht fine.
Section 7 Employee
Working witho ut work permit by illegal
migrant
Section 34
Employee
At least three months imprisonment (or) 5,000
Babt (or) both can be punished.
Section 21 Employee
Working another job without doing in limited
work or moving and working in another job
without doing limited work place.
Section 21
Employee
One month imprisonment (or) 2,000 Baht fine
or both can be punished.
Section 37 Employee
Work is being carried on after
the work permit was expired.
Section 37
Employee
At least three months imprisonment or 5,000
Baht fine or both can be punished.
Section 63 Employer
Trafficking illegal migrants from other nations
into the country is opposing law and providing
shelter and protection on alien workers.
Section 63
Employer
Maximum prison-term for 10 years and
100,000 Baht fine.
Section 64 Employer
Turning a blind eye to various supports such
as sheltering, or covering for illegal migrants.
Section 64
Employer
Maximum prison-term for 5 years and
100,000 Baht fine.
Penalty or acts concerned on penalties Type of Penalties Sentence
Section 81 Illegal migrant worker
Living in the country without permission or
living continuously after target date on work
permit is expired or holding the work permit
that is expired date.
Section 81
Illegal migrant worker
Two years maximum prison-term or 2,000
Baht fine or both of imprisonment and fine
can be punished.