GUIDELINES ON THE DEVELOPMENT OF LAW FOR HELPING A PERSON WHO PASSES OVER A PUNISHMENT TO FIND A JOB AFTER PASSING OVER THE PUNISHMENT : SPECIFIC STUDY ON A PROHIBITION AGAINST THE ASKING OF A CRIMINAL BACKGROUND IN APPLYING FOR A JOB

Abstract

The main objective of this research is to find out guidelines on the development of law for helping a person who passes over a punishment to find a job after passing over            the punishment by specifically studying a prohibition against the asking of a criminal background in applying for a job. It is qualitative research by conducting documentary research and studying the comparison between the law of Thailand and the law of the United States of America.

According to the study, it is found out that in the United States of America, there is     a law called “Ban the Box”. The purpose of the law is to help an adult who has a criminal background to get a fair opportunity for finding a job. An employer should fairly assess            the qualification and skill of an applicant in comparison with other applicants before turning down employment. According to “Ban the Box”, the employer is prohibited from asking         the criminal background until an applicant has passed an interview process or been offered the job under conditions. According to the research outcome, it is appropriate to introduce the Ban the Box law in Thailand. This is because there is a problem about recidivism in Thailand, which results in prison overflowing. Therefore, it should create an opportunity for    the person who passes over a punishment to be able to find the job after passing over                the punishment. In this regard, it should be enforceable in both the public and private sectors except for certain types of job. In addition, the employer should be prohibited from asking the criminal background of an applicant until he/she has passed various testing processes of the employer.

This research has a suggestion that the Bill on Helping a Person Who Passes over            a Punishment to Find a Job after Passing Over the Punishment B.E. ……….. should be drafted in order to help such a person to have an opportunity to find the job after passing the punishment.