Measure of Labour Right Protection in the Surat Thani Province

Abstract

The objective of this research is 1) study the root cause of the problem of labour right protection about wage which is the working condition of businesses in Surat Thani province and 2) seek a labour protection measure about the wage to solve the problem of violation of labour fundamental rights in Surat Thani province. The research employed the qualitative research method, in-depth interview and focus group.

The study found that 1) the cause of the problem of labour right protection about wage which is the working condition of businesses in Surat Thani province was a business failed to apply the wage regulation to ensure an employer pays wage to an employee legally according to the objective of compensation for working rather than paying the wage to influence an employee to work exceeding an expected standard such as working diligently and paying incentive fee. These payments were not a normal wage but compensation in form of welfare. 2) Regarding the measure of labour right protection about the wage to solve the problem of fundamental rights violation of labour in Surat Thani province, the Department of Labour Protection and Welfare (DLPW) introduced a measure for labour protection management concerning the inspection of businesses having 10 employees or over about working condition and condition of working place for each fiscal year by virtue of Labour Protection Act B.E. 2541 (1998) amended by Labour Protection Act (2^nd edition) B.E. 2551 (2008) Section 115/1 which stipulated that an employer who employed 10 employees or over shall submit the form displaying working condition and condition of working place to director-general or those assigned by director-general within January of every year. In case any business or employer violated or failed to submit the form displaying working condition and condition of working place (Form Khor Ror. 11) within the required period. The act on labour protection stipulated the criminal punishment of a fine not exceeding 20,000 Baht. In case the business or employer provided a false statement, he/she must be imprisoned for not more than six months or fined not over one thousand baht or both according to Section 137 of the Criminal Code. Regarding the law enforcement issues, it was found that there were still issues to be reviewed or improved in terms of efficiency and effectiveness. In terms of quantitative aspect, there were still a number of violations of labour right in terms of wage which is the working condition of businesses in Surat Thani province which still occurs continuously, even the law stipulates the right protection and criminal punishment. In the enforcement of qualitative aspect, there were still problems and restrictions in terms of manpower and capabilities of government which could not operate in certain areas.

The author puts forward the suggestion as follows: 1) relevant government agencies should have clear regulations or rules based on objectivity and not depending on discretion only for suggestion and compromise in the same direction. At least, the bottom line should be stipulated according to rules or elements of wage according to the judgement given by the Supreme Court as a guideline as the employee has lower social status and financial position. 2) Regarding the labour protection about wage, the author suggests that the labour protection manual on direct management of wage based on regulations laid down by the Supreme Court, Labour Case. According to Supreme Court N0. 857/2544 which stipulated 3 elements: 1^st element, the name of wage, how to pay and how to define or calculate shall be ignored, 2^nd element, the employer shall pay a wage to the employee only, not via other person and 3^rd element, the employer shall pay wage for compensating the working during the normal working day as the employer stipulates subject to the law.