dc.description.abstract |
This Thesis is aimed to study on the Development of Thai Lobour Protection as to evolution of the law and focus on the protection of wages, termination and compensation which have been the major issues on employer-employee conflict as well as the measure, method and difficulties on the enforcement of labour protection law in term of wages, termination and compensation.The scope of study covered the analysis of the past to present labour protection law, particularly the Labor Act A.D.1956, the Ministry of Interior notification on Labour Protection (by virtue of the Revolutionary Party Declaration No.103) dated March 16, 1972, the Labour Protection Act A.D. 1998 and the related Ministerial notifications of the Labour and Social Welfare Ministry. The study conducted on the Development of Labour Protection, Termination and Compensation being the major issues on employer-employee conflict.The study was conducted over the data and information from legal documents, textbooks, Dika Court Judgement, Labor Act A.D.1956, Ministry of Interior notification on Labour protection (by virtue of the Revolutionary Party Declaration No. 103), Labour Protection Act A.D. 1998 and related ministerial rules of Labour and Social Welfare Ministry and other laws on wages, termination and compensation as well as the universal principle of International Labour Organization (ILO). And the gathering of data by in-depth interview on 10 employee’s representatives, 10 employer’s representatives and 10 government representatives. A qualitative method was applied in analyzing data and the study result was presented in a descriptive explanation. The study results were concluded as follows: 1. The availability of Thai Labour Protection Law was really effected by the philosophy and concept in enacting Thai law.2. The previous labour protection would stress primarily on basic living standard of labor, then developed to the protection of right to mutually claim for other social rights afterward. 1) The protection of basic living quality, protection of employees handle maid work, overtime, protection on demanding performance guarantee, protection on female and child labour sex abuse, protection on child labour age to cope up with the International Labour Organization Convention No.1382) It is prohibited to terminate female employee due to pregnancy. If termination must be made, the outstanding wage must be paid within 3 days from termination date.3) In case of termination, 5 compensation rates shall be set as follows : (1) completion of 120 days but not up to 1 year, not less than 30 days final wage rate shall be compensated, (2) completion of 1 year but not up to 3 years, 9 days final wage shall be compensated, (3) completion of 3 year but not up to 6 years, 180 days final wage shall be compensated, (4) completion of 6 years but not up to 10 years, 240 days of final wages shall be compensated and completion of 10 years and over, 300 days of final wages shall be compensated, unless it is under the exemption not to pay compensation as stipulated by the law.4) It is required that the employer pays compensation in case of termination due to work unit adjustment because of technological change of which the employee who completed 6 years service and over shall receive extra compensation of 15 days per year, a total of not over 360 days.5) Employees protection in case the employer moved the other location affecting the employees or families daily living, the employer shall give advance notice And the employees may terminate employment contract if they do not which to move to the new lacation and they are entitled to recei ve extra compensation for 50 percent of normal compensation. 6) Extend female employees protection as equivalent to male employees protection to be in line with ILO convention No. 100 on equal remuneration.7) social right protection, e.g. special personal leave, sterility leave, knowledge training and development leave. 8) Wage protection, it is forbidden for the employer to offset the wage for debt repayment except the deduction for the payment of tax, cooperatives due, labour union fee which requires employee’s consent.3. The government party gave the opinion that Labour Protection Act A.D. 1988 is being social-oriented law certified fundamental benefit of labour usage which the employers in all establishments should comply with and it still vested the power to the Labour and Social Welfare Minister to issue ministerial rules for enforcement with the establishment employing 1 employee and over. 4. The defect in enacting the law had led to the issue within a short period (August 1998 to February 2000) 13 ministerial rules to solve the problem of its applicability but were unenforceable as to the intent of the law and proclamations and was evidenced from ministerial rule No. 7 (1998) and No.13 (2000), on setting of normal working time. The issued ministerial rules were not all applied as proclaimed which is in accordance with the hypothesis of in this thesis. 5. The Labour Protection Act. A.D.1998 is being the law enforced better labour protection than the other previous issues of labour protection laws. Employees representatives have had more satisfaction than the employer’s representatives which a part of them were dissatisfied with normal working time, payment of wage on holidays personal leave, training leave, sterility leave and payment of more compensation as to the employment term in case of employment termination.Recommendation 1. the department of Labour Protection and Welfare, Ministry of Labour and Social Welfare must equip the employers and employees with knowledge and understanding on their rights, duties and their correct compliances with the Labour Protection Act A.D.1998.2. Raising the efficiency and effectiveness on labour inspection in order to make the inspection and follow up that the small, medium and large establishments are entirely complied with the law. 3. The employer whose number of employees is less than 10 must take care of the subject matters included work regulations, employees register and managed to have employees social security scheme. 4. In case the establishment faced the economical problem, employer and employees shall make the discussion to lower the cost, reduce some welfare which have least affect to the employees instead of employment termination. If it is required to terminate the employment, the employer must abide by the labour law by paying comensation to the employees to lessen their hardship.5. For employer, amendment shall be made on the meaning of sub-contracting employer as to section 5 (3), business merger and transfer as to section 13 of the Labour Protection Act A.D.1998.6. Amendment should be made to coverage on sex abuse since male employee may be abused by female employer. 7. Section 75 shall be reconsidered, in case the employer temporarily stop all or part of the business that payment of cost of living at least 50% of wage shall be made.8. In enacting the law, we should have the public hearing process that employee, employer and public can widely participate and criticize, and have a proper time in consideration the new law that would make a recognition and lower the problems in law enforcement. |
th |