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.