Thai – 2nd – non-judicial
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 |
| 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) |
| 11 | Complaints/petit ions | 3 | 11.1 Establish a complaint system (both public and private) and develop staff competency in order to receive complaints effectively and keep the information confidentially under the Personal Data Protection Act Communicate and promote multiple channels in different languages that are convenient, fast and traceable for the result of the complaint by using technology, such as hotline services, website channels and mobile phone applications, etc.* | Main Agencies – Ministry of Social Development and Human Security (Department of Women’s Affairs and Family Development) – Ministry of Interior – Ministry of Justice (Rights and Liberties Protection Department) – Ministry of Labour – Ministry of Public Health – Office of the Attorney General | 2023-2027 | -Level of success in settlement of complaints/grievances – Number of channels/systems of complaints/petitions that can track and monitor the status of complaints/petitions – User satisfaction survey – Projects/activities to develop officers’ potential in receiving and handling complaints/petitions | – The National Strategy on Public Sector Rebalancing and Development – 13th National Economic and Social Development Plan, Milestone 13 – SDG 8, 11 – 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 |
| 13 | Remedies | 1, 3 | 13.2 Study the feasibility of establishing a fund to help victims of workplace discrimination or harassment.* | Main Agencies – Ministry of Human Security Development (Department of Women’s Affairs and Family Development) | 2023-2027 | – Study the possibility of establishing a fund to remedy victims of discrimination or sexual harassment in the workplace – Number of victims that the Commission of the Act identified and wish to receive remedies | – The National Strategy on Public Sector Rebalancing and Development – 13th National Economic and Social Development Plan, Milestone 9 – SDG 5, 8 – UNGPs Article 1, 3, 4, 5, 7 |
| Corporate Responsibility 3. Complaint and remedy mechanisms 3.1.State enterprises and the business sector should provide internal channels for operational grievance mechanisms (OGMs) and keep confidential information. Many channels should be opened and must have convenient and fast access for tracking through a mobile phone application or via website, etc.* 3.2.State enterprises and the business sector should consider holding discussions to mediate disputes to achieve resolutions between workers by offering them the opportunity to participate in negotiations.* 3.3.State enterprises and the business sector should cooperate with the government, international organisations, and other independent mechanisms to ensure that labour laws, labour standards, and human rights principles are being followed.* 3.4.State enterprises and the business sector should agree on measures to remedy damage to workers in the event that workers’ human rights are violated (including measures and mechanisms to support and solve problems related to dismissal). The remedies should cover physical and mental damage.* 3.2 Action Plan on Community, Land, Natural Resources and Environment 3.2.5 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. |
| 9 | Grievances | 1, 3 | Publicise the grievance and complaint channels/mechanisms for individuals affected by business operations, especially on the issues of community rights, land, natural resources and environment, both nationally and extraterritorial impacts. Such channels must maintain confidentiality and availability in multiple languages or offer language coordinators to assist affected individuals from ethnic groups. The channels or the mechanism should coordinate among relevant agencies and inform the progress through case tracking and monitoring. | Main Agencies – Ministry of Agriculture and Cooperatives (Fish Marketing Organization) – Ministry of Transport – Ministry of Natural Resources and Environment – Ministry of Interior – Ministry of Justice – Ministry of Industry – Office of the Attorney General | 2023-2027 | – Public relations channels to raise public awareness regarding grievance channels for those affected by business operations in terms of land, natural resources and environment | – The National Strategy on Eco-Friendly Development and Growth – The National Strategy on Public Sector Rebalancing and Development – The 13th National Economic and Social Development Plan, Milestone 1, 8, 13 – SDG 10, 11, 15 – UNGPs Article 1, 3, 4, 5, 7, 8 |
| 11 | Remediation | 1, 3 | 11.2 Prepare a remedial plan from the project planning stage to determine the remedial budget for the project from the outset by allowing stakeholders to participate in the process. | Main Agencies – Ministry of Transport – Ministry of Natural Resources and Environment – Ministry of Industry -Ministry of Interior | 2023-2027 | Developed remediation channels and measures for those affected by various development projects | – The National Strategy on Eco-Friendly Development and Growth – The National Strategy on Public Sector Rebalancing and Development – The 13th National Economic and Social Development Plan, Milestone 1, 8, 13 – SDG 10, 11, 15 – UNGPs Article 1, 3, 4, 5, 7, 8 |
| Corporate Responsibility 4. Grievance Mechanism and Remediation 4.1 State enterprises and businesses should establish complaint channels and grievance mechanisms within the organisation (Operational Grievance Mechanism: OGM). They should 149 ensure that confidential information is protected and various channels for complaints are provided, noting that the channels are easily and quickly accessible, the complaint results are traceable, and they can be coordinated with other agencies. Examples include a complaint system on the website, a complaint system via mobile phone, etc.* 4.4 State enterprises and businesses should be equipped with remedial measures to compensate individuals and communities affected by human rights violations as a result of business covering physical, mental, economic, and social damage.* 3.3. Action Plan on Human rights defenders 3.3.5 Action Plan and Indicators Duty of State |
| No. | Issue | Connection 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. |
| 4 | Complaints, Grievance, and Assistance Seeking | 3 | Integrate timely, effective, and easeof-access grievance, assistance, and support mechanisms to resolve human rights violations that may arise from business operations. Provide information for the public on the above-mentioned mechanisms. Regularly update complainants on the progress of relevant complaints. | Main Agencies – Ministry of Social Development and Human Security – Ministry of Agriculture and Cooperatives – Ministry of Natural Resources and Environment – Ministry of Commerce – Ministry of Interior – Ministry of Justice (Justice Fund/ Rights and Liberties Protection Department) – Ministry of Industry (Department of Industrial Works) – Royal Thai Police – Office of the Attorney General | 2023-2027 | – Number of resolved complaints – Complainant satisfaction assessment – Action / coordination in providing protection, assistance, and care for complainants | National Strategy on Public Sector Rebalancing and Development – SDG 16 – UNGPs Article 24, 25, 26, 27, 28, 29, 31 |
| Corporate Responsibility 4. Grievance Mechanisms and Remediation 4.2 State enterprises and businesses should provide clear channels for receiving complaints and assign a specific coordinator to handle complaint. They may consider dialogues and consultations with human rights defenders as methods for dispute resolution. Additionally, they may contact applicable local state agencies when using mediation for dispute resolution. State enterprises and businesses should avoid taking any legal actions against any human rights defenders who protect their rights, other individuals’ rights, or public interests.* 3.4 Action Plan on Transboundary Investment and Multinational Enterprises 3.4.5 Action Plans and Indicators Corporate Responsibility 3. Grievance and Remediation Mechanism 3.1 State enterprises and businesses should provide a channel or grievance mechanism for receiving complaints of violations caused by business operations that guarantees confidentiality. A complaint filed can also be referred to relevant government units and the progress of which can be tracked (Operational Grievance Mechanism: OGM).* |
3.2 State enterprises and businesses operating in Thailand and Thai business investing abroad should conduct assessment and develop remediation measures for individuals and communities affected by human rights violations resulting from their business operations. The remediation should be based on international human rights principles that are fair, appropriate, and effective and ensure those affected are engaged in the process.*