Legal Measures for the Alien Working Management

Abstract

This research article aimed at studying nature of problems of protecting aliens’ rights, legal measures for the alien working management of Thailand and comparison of protecting aliens’ rights recognized by laws relating to the alien working management between Thailand and foreign countries, analyzing and seeking appropriate legal measures to be included in law amendment for more completion and benefits of the country. This research used qualitative research comprising with documentary research, in-depth interview and focus group discussion for analysis by content analysis and constant comparation.

The research resulted (1) A right to the alien employment agreement: as provisions of law required employer to make it in writing and keep its duplicate, as penalty fine found disproportionated to nature of contravention; (2) A right to select work: where any alien worker has to find new employer, extension of timeframe by the registrar should be provided with the alien worker’ right to contradict by appealing the registrar’s order to deny change of employer; (3) A right during pre-deportation to their country of origin: expulsion permitted by the competent authority’s decision only, notification of its reason, right to appeal exercised by the alien workers prior to expulsion together with assertion of diplomatic protection are suggested and (4) A right to access justice process: to apply with the alien workers by virtue of international organizations adhered to human rights principle as appeared in the Universal Declaration of Human Rights.