Labour rights laws for migrant workers in Thailand
By Jon Fernquest
Many
Bangkokians might guess that most maids (more respectfully: "domestic
workers")
employed in Bangkok are not Thai
at all
but from Burma or Laos, in other words they are migrant
domestic workers.According to today's article, however, Thai domestic workers (225,000) still outnumber foreign domestic workers (150,000).
One might also guess that in many cases their employers have not obtained the necessary Thai work visa to make them legal since this would add to the cost of employing them.
It is helpful to imagine what a more just and humane would be like for domestic workers.
If domestic workers had enforced legal rights as workers and work visa laws were actually enforced on their employers, "domestic worker" might actually become an attractive occupation for poor rural Thais, work they could support and build a future for their families with.
One key labour right is the "right to change employers" which is the key to avoiding abusive employers.
There are many other issues that the new law must address including: unfair dismissal, severance pay, holding wages in arrears and sometimes not even paying it at all, which is made even easier if the worker has no official visa and is completely dependent on their employer.
Today's article begins after the vocabulary below.
On right photo of domestic worker trying to hide from view behind a wall. They are often kept locked up in their employer's house and often are not paid their wages on time or at all. Because their employer does not get them a visa and legal residence in Thailand, they are completely dependent on their employer being just.
domestic worker - a person working in the home of a family doing tasks such as cooking, house cleaning and washing (See Wikipedia)
domestic - within the home
migrant - moving from one place, region or country to another in order to work and/or live
migrant workers - people who move to another country to work
migrant domestic worker - maids from other countries who work in the the homes or condomimiums of your country (See Wikipedia)
X outnumbers Y - there is more X then there is Y
work visa - the informal name for the Thai visa that allows a person to work in Thailand
enforced
legal rights - what the law allows you to have and do สิทธิ์ (See Wikipedia)
attractive occupation - a job that is worth having and doing (because a good wage, interesting, a nice and fair employer, etc)
abusive - treating a person in a violent way
arrears - money that is owed that should have been paid earlier
dependent - needing another person to live, work or do some other activity
sever - cut
severance - the act of ending an employee's employment contract
severance pay - the amount of money that must be paid to an employee if their employment is ended (according to the contract they signed)
hold in arrears -
dismissal - when a company or other organization removes an employee from their job
Local News
LABOUR
Maid-to-order bill helps domestic workers
23/08/2010Lamphai Intathep
Hundreds of thousands of domestic workers are set to gain the same protection enjoyed by workers in official economic sectors.
Pongsak Plengsaeng, an adviser to Labour Minister Paitoon Kaewthong, said the draft of the ministerial regulation on the protection of domestic workers, those who work within their employers' household, was expected to be completed on Sept 23, the ministry's anniversary.
maid vs. made - "worker
who cleans a house" vs. "to create something" (the title plays with the
similarity of these two words)
play on words -
made to order - made specially to meet your needs and requirements (example: made to order suit that fits exactly)
sector - a part of a country's economic or business activity ภาค (เศรษฐกิจ) (public sector = government, private sector = all businesses, household sector = families and consumers, banking sector,...) (See Wikipedia)
bill - a written document containing a proposal for a new law ญัตติ
official - approved by the government or some authority ที่เป็นทางการ
draft - not in a final form and likely to be changed ร่าง
regulation - an official rule that controls the way that things are done กฎระเบียบ, ระเบียบข้อบังคับ
household - a group of people, often a family, who live together ครัวเรือน
expected - believe will happen คาดว่า (จะเกิดขึ้น)
anniversary - a date when you celebrate something that happened in a previous year that is important to you วันครบรอบ
play on words -
made to order - made specially to meet your needs and requirements (example: made to order suit that fits exactly)
sector - a part of a country's economic or business activity ภาค (เศรษฐกิจ) (public sector = government, private sector = all businesses, household sector = families and consumers, banking sector,...) (See Wikipedia)
bill - a written document containing a proposal for a new law ญัตติ
official - approved by the government or some authority ที่เป็นทางการ
draft - not in a final form and likely to be changed ร่าง
regulation - an official rule that controls the way that things are done กฎระเบียบ, ระเบียบข้อบังคับ
household - a group of people, often a family, who live together ครัวเรือน
expected - believe will happen คาดว่า (จะเกิดขึ้น)
anniversary - a date when you celebrate something that happened in a previous year that is important to you วันครบรอบ
He said it would be sent to the cabinet for consideration and approval this year.
Mr Pongsak said the regulation would lure more people to the domestic industry as they would be protected by the law, and, importantly, the law would be promoted among employers and employees.
He said employees should know about their basic rights and employers must realise what they should avoid.
consideration
- to go over details before deciding to do a project
approval - official permission การอนุมัต
lure - to persuade someone to do something by making seem very attractive หลอกล่อ (See glossary)
employers - companies that hire workers
rights - what the law allows you to have and do สิทธิ์ (See Wikipedia)
realise - to know about ตระหนัก รู้
approval - official permission การอนุมัต
lure - to persuade someone to do something by making seem very attractive หลอกล่อ (See glossary)
employers - companies that hire workers
rights - what the law allows you to have and do สิทธิ์ (See Wikipedia)
realise - to know about ตระหนัก รู้
The minimum wage, day leave, access to medical treatment and education, and other requirements would be specified in the ministerial regulation.
Mr Pongsak's announcement at a seminar yesterday heralding this Saturday's Day of Domestic Workers is being cheered by domestic workers, both Thais and foreigners, and labour rights activists.
wage
- an amount of money that you earn for working, usually according to
how many hours or days you work each week or month ค่าจ้าง
leave - time take off from work, either paid or unpaid การพักงาน
leave - a period of time when you are not working at your job, doing something else (for example, "medical leave" to receive medical treatment)
access - the right or opportunity to have or use something ได้รับสิทธิ์หรือโอกาสในการใช้
access - the ability to get something สิทธิหรือโอกาสในการใช้
treatment - the process of providing medical care การรักษา
announcement - information given to public ประกาศ
heralding - happening before some event, informing people that the event will happen, announcing
cheer - to show that you like and appreciate something by shouting happily and clapping your hands
activist – someone who takes part in activities that are intended to achieve political or social change, especially someone who is a member of an organisation นักกิจกรรม
labour rights activists - people working for change in the laws that protect workers
leave - time take off from work, either paid or unpaid การพักงาน
leave - a period of time when you are not working at your job, doing something else (for example, "medical leave" to receive medical treatment)
access - the right or opportunity to have or use something ได้รับสิทธิ์หรือโอกาสในการใช้
access - the ability to get something สิทธิหรือโอกาสในการใช้
treatment - the process of providing medical care การรักษา
announcement - information given to public ประกาศ
heralding - happening before some event, informing people that the event will happen, announcing
cheer - to show that you like and appreciate something by shouting happily and clapping your hands
activist – someone who takes part in activities that are intended to achieve political or social change, especially someone who is a member of an organisation นักกิจกรรม
labour rights activists - people working for change in the laws that protect workers
The 1998 Labour Protection Act does not cover domestic workers.
Sumeth Riddhagani, head of the House of Representatives' labour committee, said domestic workers were looked on as not contributing much to the country's economy, so policy makers had previously paid them little attention.
Many do not have a day off, holidays, health benefits, education opportunities or any bargaining power with their employers. Some domestic workers also suffer sexual harassment.
1998 Labour Protection Act - Thailand's
set of laws for protecting the rights of workers, covers such things as
"severance pay" and "unfair dismissal" (Read the
law (pdf))
policy - a set of plans or action agreed on by a government, political party, business, or other group นโยบาย (See Wikipedia)
benefits - things like health insurance that employees receives in addition to their salary and wages
opportunities - situations in which it is possible to do what you want or need to do
bargaining power - the ability to get a better deal from someone (for example, a better price for something you want to buy)
power - energy in the form of electricity produced in large quantities and used to operate lights, machines, and heating
suffer - to experience physical or mental pain
sexual harassment - "intimidation, bullying or coercion of a sexual nature, or the unwelcome or inappropriate promise of rewards in exchange for sexual favors" (See Wikipedia)
policy - a set of plans or action agreed on by a government, political party, business, or other group นโยบาย (See Wikipedia)
benefits - things like health insurance that employees receives in addition to their salary and wages
opportunities - situations in which it is possible to do what you want or need to do
bargaining power - the ability to get a better deal from someone (for example, a better price for something you want to buy)
power - energy in the form of electricity produced in large quantities and used to operate lights, machines, and heating
suffer - to experience physical or mental pain
sexual harassment - "intimidation, bullying or coercion of a sexual nature, or the unwelcome or inappropriate promise of rewards in exchange for sexual favors" (See Wikipedia)
Adisorn Kerdmongkol, a member of the human rights activist group Committee of Action Network for Migrants, said there was no exact number of domestic workers in the country.
But based on Kasikorn Research Centre data collected in 2007, there were an estimated 400,000 people working for private households, consisting of 225,000 Thai-nationality domestic workers and 150,000 foreign domestics. The remaining 25,000 were Thai people working in overseas households.
Mr Adisorn applauded the government's action.
activist
- someone who takes part in activities that are
intended to achieve political or social change, especially someone who
is a member of an organisation นักกิจกรรม,
ผู้ดำเนินการที่มีความกระตือรือร้น
Action Network for Migrants (ANM) - an NGO in Thailand that works to protect the rights of migrants and migrant workers (See contact information)
Kasikorn Research Center - Thailand's top private economic research center (See website)
data - facts or information used for making calculations or decisions ข้อมูล
households - families or groups of people living together
nationality - the official right to belong to a particular country สัญชาติ,เชื้อชาติ, ชนชาติ
applauded - praised, said they thought something was very good
Action Network for Migrants (ANM) - an NGO in Thailand that works to protect the rights of migrants and migrant workers (See contact information)
Kasikorn Research Center - Thailand's top private economic research center (See website)
data - facts or information used for making calculations or decisions ข้อมูล
households - families or groups of people living together
nationality - the official right to belong to a particular country สัญชาติ,เชื้อชาติ, ชนชาติ
applauded - praised, said they thought something was very good
(Source: Bangkok Post, LABOUR, Maid-to-order bill helps domestic workers, 23/08/2010, Lamphai Intathep, link)
