Thai – 2nd – Migrant workers
Chapter 3
3.1 Action Plan on Labour
3.1.5 Action Plan and Indicators
Duty of State
| No. | Issue | Connections to UNGPs | Project/activity | Responsible Agencies | Time frame (2023-2027) | Indicators | In Compliance with National Strategy / 13th National Economic and Social Development Plan / SDGs/ UNGPs. |
| 2 | Amendments to laws, regulations, policies and related measures | 1 | 2.3 Review the laws, regulations, policies and measures related to vulnerable labour groups such as forced labour, elderly workers, migrant workers, seasonal workers, subcontractors, informal workers, sex workers, trainees, workers living with HIV/AIDS. This includes workers who are victims of human trafficking and forced labour, etc., to enable them to gain access to justice and have access to various benefits received by formal workers in line with international standards and regional standards e.g. the ASEAN Consensus on the Protection and Promotion of the Rights of Migrant Workers. | Main Agencies – Ministry of Social Development and Human Security – Ministry of Labour | 2023-2027 | – Review/amend the laws, regulations, policies and related measures | – National Strategy on Human Resource Development and Empowerment – National Strategy on Creating Opportunities and Social Equality- |
| 2 | Amendments to laws, regulations, policies and related measures | 1 | 2.8 Facilitate consultation and engagement of stakeholders, including coordination with countries of origin, to develop laws and policies on the management of migrant workers. | Main Agencies – Ministry of Labour | 2023-2027 | – Engage in discussions with relevant stakeholders, including countries of origin, to develop laws and policies on the management of migrant workers | – The National Strategy on Public Sector Rebalancing and Development – The 13th National Economic and Social Development Plan, Milestone 9, 13 – SDG 8 – UNGPs Article 1, 3, 4, 5, 7 |
| 4 | Recruitment and labour registration | 1 | 4.2 Develop measures to encourage and motivate workers to register under the law, as well as improve the process of migrant worker registration to be carried out with speed and continuity and be hassle-free and easily accessible. Coordinate with other stakeholders to identify lessons from the administration of migrant workers under the Foreign Workers Administration Decree B.E. 2560 (2017) with the General principles and operational guidelines for fair recruitment and definition of recruitment fee and related costs. Review the timeframe for registrations, decentralize migrant administration system, communicate with employers and migrants in the language(s) they understand, and promote MOU recruitment. | Main Agencies – Ministry of Labour | 2023-2027 | – Encourage workers to register under the law – Improve the registration process for migrant workers – Support is provided for workers to work according to MOUs | – The National Strategy on Public Sector Rebalancing and Development – The 13th National Economic and Social Development Plan, Milestone 9 – SDG 8 – UNGPs Article 1, 2, 3, 4, 5, 7 |
| 5 | Labour Protection | 1, 3 | 5.1 Training and providing knowledge about complaint channels, consultation, receiving support, rights and duties according to the Labour Protection law, labour rights (covering issues such as employment contracts, termination of employment, wages, overtime pay, holidays, leave, child labour, occupational safety, benefits, etc.), gender diversity, the Gender Equality Act 2015 and mechanisms within the act and guaranteed by domestic and international law, as well as UNGPs, to business operators and Thai and migrant workers. In addition, develop a manual to disseminate such knowledge in a language that such workers can easily understand.* | Main Agencies – Ministry of Justice (Office of the Justice Fund / Rights and Liberties Protection Department / Department of Special Investigation) – Ministry of Labour , supporting agency – Ministry of Social Development and Human Security (Department of Women’s Affairs and Family Development) | 2023-2027 | – Number of training sessions/trainees – Number of media published – Assessment of knowledge and understanding after the training | – National Strategy for Creating Opportunities and Social Equity – The National Strategy on Public Sector Rebalancing and Development -The 13th National Economic and Social Development Plan, Milestone 9 – SDG 8, 10 – UNGPs Article 1, 3, 4, 5, 7 |
| 5 | Labour Protection | 1, 3 | 5.2 Provide assistance to workers, including migrant workers who have been laid off by reviewing effective measures to remediate them and alleviate their hardship effectively.* | Main Agencies – Ministry of Labour | 2023-2027 | – Number of workers receiving assistance – Plans and measures put in place to assist workers who have been laid off | – National Strategy on Human Resource Development and Empowerment – The National Strategy on Public Sector Rebalancing and Development – 13th National Economicand Social Development Plan, Milestone 9 – SDG 8 – UNGPs Article 1, 3, 4, 5, 7 |
| 5 | Labour Protection | 1 | 5.4 Examine and inspect business licenses, employment contracts, working conditions and work permits (in the case of migrant workers) in entertainment venues and establishments to ensure that all laws, ministerial regulations, regulations and standards related to labour protection, employment and the management and operation of safety, occupational health and environmental health at work are enforced to the fullest extent, as well as consider the application of labour measures or laws applicable to the fisheries sector to monitor labour conditions in other industrial sectors such as agriculture and construction, where a large number of migrant workers are employed.* | Main Agencies – Ministry of Labour – Ministry of Industry – Royal Thai Police Supporting Agencies – Ministry of Social Development and Human Security (Department of Women’s Affairs and Family Development) – Ministry of Agriculture and Cooperatives | 2023-2027 | – Number of establishment inspections, including the agriculture and construction sectors – Develop measures to inspect establishments to comply with laws, ministerial regulations, regulations and standards related to labour protection, employment, safety, occupational health and environmental health at work | -National Strategy for Security – The 13th National Economic and Social Development Plan, Milestone 4, 8, 9 – SDG 8 – UNGPs Article 1, 3, 4, 5, 7 |
| 5 | Labour Protection | 1 | 5.5 Provide effective healthcare services to workers in disease prevention and control, health promotion, medical treatment and rehabilitation, as well as develop migrant worker and followers of migrant workers. -friendly health service centres and drive forward the settlement and operation of Wellness Centres both in public health service points and establishments.* | Main Agencies – Ministry of Labour – Ministry of Public Health | 2023-2027 | – Number of workers, including migrants, receiving medical services – Provide public health services to migrant workers – Number of hospitals and establishments that operate Wellness Centres in line with criteria set by the Department of Disease Control | – National Strategy on Human Resource Development and Empowerment – National Strategy for Creating Opportunities and Social Equality – The 13th National Economic and Social Development Plan, Milestone 4 – SDG 3, 8, 10 – UNGPs Article 3, 4, 5, 7 |
| 5 | Labour Protection | 1, 3 | 5.6 Train job seekers before travelling to work in a foreign country by providing knowledge about the rights and benefits according to the laws of that country and the mechanisms to protect labour rights in the country of destination, including protection given to Thai workers experiencing problems, and giving advice on health care, including provide similar knowledge to MOU migrant workers. | Main Agencies – Ministry of Foreign Affairs – Ministry of Labour – Ministry of Public Health | 2023-2027 | – Number of job seekers trained before travelling – Provide coordination and assistance to Thai workers abroad -Projects/activities giving advice and healthcare information to Thai workers – Number of MOU migrant workers who have been educated | – National Strategy on Human Resource Development and Empowerment – The 13th National Economic and Social Development Plan, Milestone 4 – SDG 8, 17 – UNGPs Article 3, 4, 5, 7 |
| 6 | Eliminating discrimination, harassment and non-access to equal labour benefits | 1 | 6.2 Determine measures for the protection of rights of vulnerable workers that might face discrimination, such as female workers, ethnic groups, stateless persons, refugees, migrants, migrant workers, especially in the agricultural and fisheries sectors, seasonal workers, domestic workers, LGBT+ people, people living with HIV/AIDS, the elderly, former inmates/inmates; by using various measures such as promoting the employment of these workers, creating an understanding, reducing bias and stigma against certain occupations Organising the awareness-building activities for the public to reduce prejudice and stigma toward the vulnerable worker group and the adoption of the National Guideline on the Prevention and Management of HIV/AIDS in the Workplace.* | Main Agencies – Ministry of Social Development and Human Security – Ministry of Labour – Office of the National Security Council Supporting Agencies – Ministry of Public Health | 2023-2027 | – Development of protective measures for vulnerable worker group: – Number or channels of communication/media for promoting equality – Number of awareness-building activities for the general public – Number of the general public accessing knowledge resources | – National Strategy for Creating Opportunities and Social Equality -The National Strategy on Public Sector Rebalancing and Development – The 13th National Economic and Social Development Plan, Milestone 8, 9 – SDG 5, 8, 10 – UNGPs Article 1, 3, 4, 5, 7 |
| 7 | Children of migrant workers | 1 | Address the problem of access to education by children of migrant workers by providing basic education in accordance with the problem’s conditions and needs, both in the public and private system and informal (non-formal education), as well as encouraging establishments to organise child service centres in the workplace with the Ministry of Social Development and Human Security.* | Main Agencies – Ministry of Social Development and Human Security – Ministry of Labour – Ministry of Education | 2023-2027 | – Number of children of migrant workers who received basic education – Number of establishments received a promotion of welfare other than those stated by law (place/persons) – Number of establishments registered as a child service centre in the workplace | – National Strategy on Human Resource Development and Empowerment – The 13th National Economic and Social Development Plan, Milestone 9 – SDG 4, 8 – UNGPs Milestone 1, 3, 4, 5, 7 |
| 8 | The workforce of the future | 1 | 8.1 Organise the training to enhance the knowledge and skills of workers, including migrant workers, in accessing and using technology to add value and competitiveness on labour. | Main Agencies – Ministry of Labour | 2023-2027 | – Projects/activities to enhance knowledge and develop the skills and potential of workers – Number of training sessions and trainees | – National Strategy on Human Resource Development and Empowerment – The 13th National Economic and Social Development Plan, Milestone 5, 9 – SDG 4, 8 – UNGPs Milestone 1, 3, 4, 5, 7 |
| 10 | Promotion of business operations | 1 | 10.1 Train and encourage establishments to apply Good Labour Practice (GLP) and Migrant Worker Guidelines in their business management.* | Main Agencies – Ministry of Labour | 2023-2027 | – Number of employers/business operators receiving training on GLP or Migrant Worker Guideline | The National Strategy on Competitiveness Enhancement – 13th National Economic and Social Development Plan, Milestone 12 – SDG 8 – UNGPs Article 1, 3, 4, 5, 7 |
| 10 | Promotion of business operations | 1 | 10.4 Encourage large enterprises and listed businesses that use migrant workers as their main production force to conduct Human Rights Due Diligence as a measure to prevent the exploitation of workers. The report must be made public to create awareness and for review, while also placing emphasis on transparency and traceability according to good governance.* | – Main Agencies – The Securities and Exchange Commission | 2023-2027 | Train and issue circulation to raise awareness about HRDD for companies whose securities are listed on the Stock Exchange of Thailand | – The National Strategy on Competitiveness Enhancement – 13th National Economic and Social Development Plan, Milestones 8, 13 – SDG 8, 12 – UNGPs Article 1, 2, 3, 4, 5, 7 |
| 12 | Administration of justice | 3 | Develop dispute resolution mechanisms that are favourable to workers, worker protection, and migrant workers. Increase the number and enhance the capacity of staff in resolving labour disputes and language coordinators to facilitate workers who enter into the justice system.* | Main Agencies – Ministry of Labour – Ministry of Justice | 2023-2027 | Develop dispute resolution mechanisms that are favourable to workers – Numbers of training to enhance the capacity of staff in resolving labour disputes – Increase in the number of interpreters and language coordinators | – The National Strategy on Public Sector Rebalancing and Development – 13th National Economic and Social Development Plan, Milestone 13 – SDG 8 – UNGPs Article 1, 3, 4, 5, 7 |
| 13 | Remedies | 3 | 13.1 Develop remedy mechanisms from both the government and private sectors at the national and local levels to be modern, transparent, fair, and in line with international human rights principles, the needs of affected people and communities, as well as mechanisms under the Workmen’s Compensation Act B.E. 2537 (1994) and the Employee Welfare Fund under the Labour Protection Act B.E. 2541 (1998), as well as develop the system to provide advice, assistance and remedy for migrant workers.* | Main Agencies – Ministry of Interior – Ministry of Justice – Ministry of Labour Supporting Agencies – Ministry of Interior – Ministry of Justice (Rights and Liberties Protection Department) | 2023-2027 | – Develop remedy mechanisms under related laws – Number of affected people who have access to assistance and remedies | – The National Strategy on Public Sector Rebalancing and Development – 13th National Economic and Social Development Plan, Milestone 9, 13 – SDG 8 – UNGPs Article 1, 3, 4, 5, 7 |
| Corporate Responsibility 1. Labour rights and welfare |
1.1.State enterprises and the business sector that use migrant workers should be responsible for the costs of recruiting labour and other expenses in accordance with the “employer pays principle”.*