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.