Mini research on child labour in the seafood supply chain in Samut Sakhon, Thailand

Transcription

1 Mini research on child labour in the seafood supply chain in Samut Sakhon, Thailand International Programme on the Elimination of Child Labour (IPEC)

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3 ARCM Mini Research on Child Labour in the Seafood Supply Chain in Samut Sakhon Chapter 1 Introduction 1.1 Background and seriousness of the problem The labour demand in Samut Sakhon Province is an important factor that attracts migrant workers. The province is one of the nation s most important fishing business centres. Unfortunately, Thai workers do not like to work in deep sea fishing and seafood processing businesses. The work is considered physically demanding, dirty and smelly. The employment duration is uncertain. Employment is usually engaged on a subcontracting or seasonal basis, leading to a high turn-over rate and labour shortages. As a consequence, the government has allowed illegal migrant workers from Burma, Laos and Cambodia a temporary stay in the province since Recognizing the significance of the issue and taking an active interest in research on labour in Samut Sakhon, the Asian Research Centre for Migration (ARCM), Institute of Asian Studies, Chulalongkorn University, conducted a number of studies on various types of the workforce. The studies include research projects on development of working conditions and labour protection for migrant workers and on use of child labour in the fishery, fishing processing, agriculture and domestic work sectors in Samut Sakhon. ARCM has submitted its findings together with recommendations to various agencies. A finding by ARCM that reveals a loophole in the tackling of Samut Sakhon labour problems is the impact of subcontracting on child labour. Until recently little research has been seriously conducted on this issue. The impact of subcontracting on child labour was raised in a study by Patima Tangpratchayakul (Online, 2008), an activist of Labour Rights Promotion Network (LPN). She found that current operators of big fish-processing plants in Samut Sakhon prefer to subcontract their work to smaller fish-processing plants. Often lacking standard facilities, these plants tend to hire Burmese children who accompany their parents to the province. There are a large number of children under the age of 10 and between 10 and 15 years. The year 2,000 saw 2,800 children between the age of 0 and 15 years documented. The experience, however, shows that registered children under the age of 15 who seek work permits constitute only a small part of the child labour population. A survey of migrant worker communities and small-scaled seafood processing plants (locally called Long ) reveals a large number of child workers under the age of 15 who accompany their parents. From 2004 to the present the number of children accompanying their families into Thailand could be as high as 5,000-6,000, while those with official work number at least 10,000. In addition, an ARCM study on the use of child labour in the fishery, fishing processing, agriculture and domestic work sectors in Samut Sakhon (Chantaravanich, Supang et al, 2006) reports that these child workers are subjected to several unsuitable working conditions. For example, they have to work at night or for more than four consecutive hours without a rest period. They are ordered to carry heavy loads, trawl fishing nets, wash the boats, separate the catch, and put the fish into the icebox. In a fish-processing business, they are supposed to peel shrimp, wash fish, clean squid, and unload the catch at the fish market, as well as drying, boiling or peeling them. They usually do the work without personal protective equipment. The only equipments they are given are gloves and pairs of scissors. Such equipment are work tools and not for protective purposes.

4 Some of the problems encountered at these smaller fish-processing plants and fish/shrimp markets are that these migrant child workers are put in an unsuitable workplace, perform inordinate tasks, have no access to rights and social services provided by the State. Worse, some are victims of human trafficking. The stories of child migrant workers being exploited, unable to demand rights and get access to available social services, as well as being victims of human trafficking, are commonly reported on television or in newspapers. Therefore, ARCM thinks it appropriate to seriously conduct a study on subcontracting arrangements practiced in small-scaled fish-processing businesses and fish markets and their impacts on child labour. The objectives are to find out the nature of subcontracting practice likely to affect child labor and to make recommendations to resolve the issue. 1.2 Objectives 1. To study the nature and process of subcontracting arrangements used in fishprocessing business 2. To study the use of child labour in subcontracting practice used in small-scale fish-processing businesses and fish market 3. To make recommendations on the management of subcontracting in small-scale fish-processing businesses and fish market that will be as beneficial and fair to child workers as possible 1.3 Research Methodology This series of studies involves a qualitative research method, gathering field data especially in the communities, small-scale fish-processing plants, and fish/shrimp markets in Samut Sakhon Province. The research team used in-depth interviews with child workers, employers or business operators, parents, government officials, and officers from nongovernmental organizations as follows: 1. Working with Samut Sakhon Provincial Office of Labour Protection and Welfare in surveying small-scale fish-processing plants and fish/shrimp markets engaged in a subcontracting relationship with large-scale fish-processing operations. The survey is designed to study the number and location of the business operations. 2. Seeking cooperation from local government agencies, e.g. Samut Sakhon Provincial Office of Labour Protection and Welfare, in visiting the areas to collect field data 3. Selecting samples of small-scale fish-processing plants and fish/shrimp markets engaged in a subcontracting relationship with large-scale fish-processing operations and using them as case studies 4. Gathering data through interviews with child workers, both Thai and migrant, employed by small-scale fish-processing plants and fish/shrimp markets, their parents, fish-processing operators, non-government organisations, and the general public concerned. The exercise uses in-depth interviews with 20 child migrant workers, four migrant parents, 32 employers/business operators, three government officials, and three officers from non-government organisations. 2

5 Chapter 2 Conceptual Framework, Relevant Research Findings, Laws, and Definition of Child Labour 2.1 Conceptual framework and relevant research findings This research is a continuation of the project conducted by ARCM on the use of child labour in the fishery, fishing processing, agriculture and domestic work sectors in Samut Sakhon. As the previous project did not include their impact on child labour, the current research attempts to study the issue, especially the impact on child workers in small-scale fish-processing plants and fish/shrimp markets. These businesses hire a large number of child migrant workers. It follows that the framework and relevant research findings of this study will be the same as those of the previous research as follows: An inappropriate form of child labour is the use of child workers under the age of 18 whether they are directly employed or help their families do the contracted work for economic purposes under one or more of the following aspects: 1. The work is illegal. 2. They are deceived or abducted into the work market. 3. The wages, welfare, employment or working conditions are not in line with those stipulated in the Labour Protection Act. 4. They work under the conditions potentially detrimental to their positive development or social morality. Cause of child labour The cause of child labour varies from country to country, depending on domestic economic and social situations. However, the main cause of child labour worldwide is poverty, a factor that drives children to the work market for their own survival and for the survival of their families. In addition, the presence of child labour is due to insufficient numbers of schools. When children do not go to school, their parents take them along to work. Some parents do not want to send their children to school, because in their childhood they did not have the opportunity to do so and had to work for their living. This gives rise to a misplaced value that children should work to pay off their parents debt. Several employers hire child workers to save labour costs. Child workers are known to have nimble fingers compared to adults. More importantly, children do not know about the rights and benefits that they are entitled to and are in no position to negotiate with their employers. The reasons for the presence of child labour differ across countries. Child labour depends on the economic and social conditions in those countries. However, the key reason for the problem of child labour around the world is poverty. Poverty forces children to work for their survival and the survival of their families. Moreover, the lack of enough schools in every area is another cause of child labour. The parents of children who cannot attend school lead their children to find employment. In some cases, it is common not to send children to school. When the parents were children, they did not attend school and had to work. Thus they developed an incorrect attitude that children should work to pay their parents debts. The carelessness of employers leads them to hire children to reduce their labour costs. Children also have more nimble fingers than adults. Furthermore, it is important that children 3

6 lack knowledge of their rights and their value to employers. They do not have a voice to put pressure on their employers. Children are sent to work in various factories, but work by children in family enterprises is another important part of the child labour problem. Children work by farming the land, raising animals, processing agricultural products, and performing housework. It is important that these children do not receive wages since this work occurs in the house. It has been found that children from large families (i.e., the child has many siblings) tend to be child labourers more often than children from small families. This is because large families require more income to support all the family members. This causes the parents to have their children work or to sell their children for money. Even for housework, older children tend to work harder than younger children. Girls will have more limited opportunities to receive an education than boys. 1 Worst Forms of Child Labour What are the worst forms of child labour? The phrase worst forms of child labour received attention from the International Labour Organization (ILO) after the ILO s meeting in 1999, known for the Worst Forms of Child Labour Convention (No. 182). This Convention specified the meaning of the phrase worst forms of child labour for both male and female children as follows: 1. All forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour, including forced or compulsory recruitment of children for use in armed conflict; 2. The use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances; 3. The use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs as defined in the relevant international treaties; 4. Work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children. However, the details of this definition depend on national laws and the interpretation of governments, employers, and employed persons as to what constitutes a risk and danger. The United Nations Convention on the Rights of the Child also contains provisions concerning the worst forms of child labour. Article 32 states: 2 1. States Parties recognize the right of the child to be protected from economic exploitation and from performing any work that is likely to be hazardous or to interfere with the child's education, or to be harmful to the child's health or physical, mental, spiritual, moral or social development. 2. States Parties shall take legislative, administrative, social and educational measures to ensure the implementation of the present article. To this end, and having regard to the relevant provisions of other international instruments, States Parties shall in particular: 1 2 David M. Smolin, Strategic Choices in the International Campaign Against Child Labour, Human Rights Quarterly, no. 20 (n.p.: The John Hopkins University Press, 2000), [accessed 9 June 2006] 4

7 (a) Provide for a minimum age or minimum ages for admission to employment; (b) Provide for appropriate regulation of the hours and conditions of employment; (c) Provide for appropriate penalties or other sanctions to ensure the effective enforcement of the present article. 2.2 Labour laws and child labour As for Thailand, researchers cite the Labour Protection Act of 1998 for principal information when interpreting what constitutes the worst forms of child labour. Chapter 4 of the Labour Protection Act contains the following provisions: 3 Article 44 An employer shall be prohibited from employing a child under the age of fifteen years as an employee. Article 45 When a child under the age of eighteen years is employed as an employee, the employer shall act as follows: (1) Report the employment of that child employee to the Labour Inspection Officer within fifteen days from the date on which the child starts work. (2) Prepare a record of conditions of employment, when they are changed from the original conditions, for storage at the employer s place of business operations or office, ready for inspection by the Labour Inspection Officer during hours of work. (3) Report the termination of the employment of the child to the Labour Inspection Officer within seven days from the date on which the child left the job. The reports or preparation of the record under paragraph one shall be in accordance with the formats prescribed by the Director-General. Article 46 An employer shall arrange for a child employee to have a rest period of not less than one consecutive hour per day after the employee has been working for not more than four hours. However, during those four hours, the child employee shall have a rest period as prescribed by the employer. Article 47 An employer shall be prohibited from permitting a child employee under the age of eighteen years to work between the hours of hrs and hrs unless written permission has been obtained from the Director-General or a person assigned by the Director- General. An employer may let a child employee under the age of eighteen years who is a performer in a movie, play or other similar form of exhibition work between the said hours. In this connection, the employer shall arrange for that child employee to rest as appropriate. 3 Translation of the Labour Protection Act of 1998 available from Diritto del Lavoro on Line [ Directory of Law Online] at the University of Catanzaro. [accessed 9 June 2006] 5

8 Article 48 An employer shall be prohibited from permitting a child employee under the age of eighteen years to work overtime or work on holidays. Article 49 An employer shall be prohibited from permitting a child employee under the age of eighteen years to perform any of the following work: (1) The smelting, blowing, casting or rolling of metals. (2) Metal stamping. (3) Work connected with heat, cold, vibration, noise and light the levels of which are different from normal levels, which could be hazardous as prescribed in ministerial regulations. (4) Work connected with hazardous chemicals as prescribed in ministerial regulations. (5) Work connected with microorganisms, which could be viruses, bacteria, moulds or other germs as prescribed in ministerial regulations. (6) Work connected with poisonous materials, explosives or inflammable materials, except for work in fuel oil service stations as prescribed in ministerial regulations. (7) The driving or controlling of forklifts or cranes as prescribed in ministerial regulations. (8) Work which uses electric or motorized saws. (9) Work which must be done underground, under water, in a cave, in a tunnel or a shaft in a mountain. (10) Work connected with radiation as prescribed in ministerial regulations. (11) The cleaning of machinery or engines whilst the machinery or engines are in operation. (12) Work which must be performed on a scaffold more than ten meters from the ground. (13) Other work as prescribed in ministerial regulations. Article 50 An employer shall be prohibited from permitting a child employee under the age of eighteen years to work in the following places: (1) An abattoir. (2) A casino. (3) A dance, folk dance or ronggeng hall. (4) A place which sells and provides food, alcohol, tea or other beverages, with hostesses to serve customers or with places for resting or sleeping or with massage services for customers. (5) 0ther places as prescribed in ministerial regulations. Article 51 An employer shall be prohibited from paying the wages of a child employee to another person. An employer shall be prohibited from demanding or accepting guarantee money for any purpose whatsoever on the part of a child employee. In the case where an employer, a child employee, a parent or guardian of a child employee pays or accepts money or any remuneration benefit in advance before employment takes place, at the beginning of employment or before the stage of payment of the wages to the child employee on each occasion, it shall not be held to be payment or receipt of wages for that child employee, and the employer shall be prohibited from deducting the said 6

9 remuneration benefit from the wages which must be paid to the child employee in accordance with the deadline. Article 52 In the interests of developing and promoting the quality of life and the performance of work by children, a child employee under the age of eighteen years has the right to participate in meetings and seminars, receive training or take leave for other activities which are organized by places of education or state or private sector work units approved by the Director-General, subject to the requirement that the child employee shall inform the employer clearly in advance of the reason for taking the leave, as well as show relevant documentary evidence thereof, if any, and the employer shall pay wages to the child employee in an amount equal to the wages for working days throughout the entire leave period, but the number of such leave days must not exceed thirty days in a year. Other than chapter 4, article 16 of the Labour Protection Act has a provision concerning child labour: Article 16 A boss or a person who is a work chief, a work supervisor or a work inspector is not allowed to sexually harass an employee who is a female or a child. In addition, in the Ministerial Regulation B.E.2547 about the weight, it explicitly specifies the maximum weight of object that a child labour can lift, carry, haul or load as follows; kilograms for female child labour at age of 15 but not over kilograms for male child labour at age of 15 but not over 18. In the case of excessive weight, employer must provide an adequate and secure labour saving device which is not harmful to the child labour. Based on the Labour Protection Act, it is possible to categorize the worst forms of child labour as follows: 1. Hiring a child less than 15 years old is illegal and counts as a worst form of child labour 2. Having a child work more than 4 hours continuously without a rest of at least 1 hour counts as a worst form of child labour 3. Hiring a child less than 18 years old work between the hours of 22:00 and 06:00 without receiving written permission from the Director-General or a person assigned by the Director-General is a worst form of child labour. An employer is allowed to have such a child perform in a movie, play or other similar form of exhibition work between 22:00 and 06:00 but the employer must arrange for that child employee to rest as appropriate. 4. Hiring a child less than 18 years old to work overtime or work on holidays is a worst form of child labour. 5. Having a child perform a task specified in Article 49 of the Labour Protection Act of 1998 is a worst form of child labour. 6. Having a child work in any of the locations specified in Article 50 of the Labour Protection Act of 1998 is a worst form of child labour. 7. Hiring a child to work for another person is a worst form of child labour. Deducting a child employee s wage in order to pay for an previously advanced 7

10 payment for example, a employment agent s fee is a worst form of child labour. 8. Preventing a child employee less than 18 years old from participating in activities which would improve the development and quality of life of that employee, whether the activity is arranged by the government or by a private entity with the Director-General s permission, is a worst form of child labour. 9. Sexually abusing a child employee is a worst form of child labour. Justification Restricting the Worst Forms of Child Labour There are reasons for the limitations on the activities of child labour under 18 years old in its worst forms. The Thai government based its restrictions on the United Nations Convention on the Rights of the Child of Restrictions against the worst forms of child labour based on the UN Convention follow the justifications provided by Wichitra Wichienchom. 4 Wichienchom notes that article 44 of Thailand s Labour Protection Law prohibits the employment of any person less than 15 years old. This is an age at which a child should not be working. Children should be furthering their education to improve their future skills as members of the labour force. Articles 47 and 48 prohibit employers from making children work at late hours, work overtime, or work on holidays. Children are at an age when adequate rest and sleep has an impact on their physical development. Thai law therefore prohibits the use of labour at late night hours by not allowing employers to have children employees work from 22:00-06:00. The only exception occurs when the employer receives written permission from the Director of the Department of Social Welfare and Labour Protection, or a person with legal authority granted by the Director. Article 49 prohibits employing children in jobs posing a danger to their health or physical safety. Child employees naturally tend to be less cautious when working than adult workers. There are some types of work where a worker can easily make a very dangerous mistake if he/she fails to exercise caution. Therefore, the law bans the employment of children as specified in articles 49 and 50. Children are prohibited from working in hazardous locations that cause them to become heartless and cruel, cause them to become degenerate, or lead them down an immoral and wicked path (such locations are detailed in Article 50). In accordance with Article 51, child workers must receive full remuneration and benefits for their labour. Employers should not require guarantees or similar payments from their child workers. This will reassure child workers so that they do not experience anxiety due to pressure from their bosses. Article 52 concerns an employee s right to have training. This law is intended to provide child workers with opportunities to develop their quality of life so that they will enhance their skills and improve their contribution to the nation. Therefore, article 52 grants child workers the right to participate in training, meetings, and seminars. According to article 16, which also concerns protection for female workers, children employees must have their safety and security guaranteed. In the workplace, employers and supervisors typically create easy opportunities for inappropriate behavior directed towards 4 Wichitra (Fungladda) Wichienchom. Labour Protection Law. Fourth edition. Winuchon: Bangkok, pp [in Thai] 8

11 children employees. Therefore, the law prohibits employers, supervisors, managers, and inspectors from sexually harassing or abusing children employees. The characteristics of the problem and indications of whether the work is a worst form of child labour can be summarized as follows: 5 Age: For children that are appropriate to hire, if Thai law is the criterion for hiring, only children ages 15 and above can be employed Type of work: For those children who are appropriate for the work, children will not work so hard that they compromise their physical or mental wellbeing. Location of work: For those children who can perform the work, the workplace must be hygienic, safe, and not pose a threat to the children s physical or mental wellbeing. Working hours: Children employee must not work at late hours, on holidays, or with schedules that adversely affect their rest and their development. Remuneration: Child workers must receive pay and benefits equal to those of adult workers. 2.1 Child labour: definition It will not be possible to study the impact of subcontracting practiced by small-scaled seafood processing plants and fish market on child labour in Samut Sakhon Province without first defining child labour. There are a number of definitions given by various sources. In the Labour Protection Act B.E (1998), a child refers to a person under the age of 18. The law stipulates that an employer shall not employ a child under the age of 15 as an employee (Section 44). In the case of employment of a young worker under the age of 18, the employer shall notify a labour inspector, prepare a record of employment conditions in case of any change, and notify the labour inspector regarding the termination of the child worker concerned (section 45). In general, problems arising from the use of child workers are high rates of occupational injuries and illnesses because they have a low level of knowledge and work skills. Their presence in the workforce is due to economic, social and other factors that deprive them of education and development opportunities resulting in a low quality of life. Of particular concern are children who are vulnerable to health hazards. Their development, physical and mental, will be adversely affected. The International Labour Organization defines child labour as the use of children in work that is likely to harm them or in unduly exploitative work. A child is a person who is not yet mature, who is still in the developmental stage, and who should be developed into a physically, mentally, emotionally and socially mature adult. Child labour is the employment of children below the minimum age, i.e. under the age of 18. It includes work hazardous to children or harmful to their physical, mental, or moral conditions. The worse forms of child labour are all forms of practice similar to slavery, trafficking of 5 Premjai Vungsiriphaisal et al. Foreign Children in Difficult Circumstances in Thailand: Measurement and Conditions according to the Convention on the Rights of the Child. 1999, Pp

12 children, debt bondage, forced or compulsory labour, forced or compulsory recruitment of children for use in armed conflict, prostitution, production of pornography, and other illicit activities. In summary, based on the definition of child labour, the employment of children under the age of 15 is illegal, as their physical and mental development has not yet reached the adult level. They do not possess enough necessary skills, and their bodies are not ready to do certain work which could harm them. In addition, they need learning and education and should be put in a good environment. Therefore, children under the age of 15 should not be brought into employment and should be given an educational opportunity and a good environment to live in. 1 0

13 Chapter 3 Nature and Steps/Process in Subcontracting Arrangements of Seafood processing Industry in Samut Sakhon In the province of Samut Sakhon there are a large number of primary processing business establishments locally called Long. These are small-scaled plants that do all the primary seafood processing work before selling the products to their bigger seafood processing counterparts. In so doing they do not process food for direct export. The work they do generally includes peeling shrimps, cleaning squids, cracking open crabs, boiling/shelling scallops, cutting off fish heads, removing entrails, and slicing fish 6. The current number of small, medium and large fish-processing plants, Category 2, in Samut Sakhon is 987 (as of February 2009, Samut Sakhon Provincial Employment Office). These include those with a good standard of occupational safety and health together with a good welfare system, as well as those with little or no standard of cleanliness and social welfare. Table: Districts with many small fish-processing plants in Samut Sakhon Sub-district Number of plants) Ban Bo 4 Bang Krachao 4 Khok Krabue 4 Bang Torat 9 Tha Chin 43 Tha Chalom 26 Krokkrak 16 Mahachai 84 Nadi 19 Khok Kham 59 Tha Sai 20 Bang Yaphraek 117 others 10 Total 415 Source: Samut Sakhon Provincial Office of Labour Protection and Welfare, July 2009 It is common knowledge that fishing-related businesses generate employment and revenue for several groups of people in the province, including operators, traders, Thai and migrant workers. Whether due to its location or some other factor, Samut Sakhon has become a centre for fish-processing production. Plants, big and small, have mushroomed within and on the edge of the town. In addition, houses, initially meant to be residential, have turned into small fish-processing facilities to peel shrimps, cut up fish, and clean squids. Practically every small and medium-sized fish-processing plant in the province enters into subcontracting arrangements with larger fish-processing counterparts to do the abovementioned activities. 6 Roongnapa Wongwaipairoj, document for the meeting on registration of fish farmers and operators, 29 August 2003, Fish Inspection and Quality Control Division 1 1

14 Over the past several years the nature of subcontracting arrangements has made it possible for employers to avoid recruiting and hiring workers who might cause labour problems including demands and strikes. It also allows the employers to show their profit per head performance in an inflated manner by shifting the expenditure on salary and wages to the category of business expenses. The practice makes it possible for them to evade the responsibility of paying compensation when they want to terminate employment without prior notice. Thus, large-scale fish-processing plants in Samut Sakhon have made subcontracting arrangements with their small and medium fish-processing counterparts on a more regular basis. Not only can they reduce employment-related problems, but they also get away from being accused of hiring illegal migrant workers or child labour. Any big fishprocessing plant found to be involved in such issues will face problems exporting its products to U.S.A. or EU countries, which are known to be rigorously opposed to such employment. Subcontracting arrangements with smaller fish-processing plants for shrimp peeling, fish slicing, and squid cleaning follows more or less similar steps as follows: 3.1Nature and steps/process of subcontracting arrangements by fishprocessing plants in Samut Sakhon (1) The raw material purchasing process In general the process starts with buying shrimp, fish or squid from the seafood markets concerned and ends with sending the peeled products to cold storage or fishprocessing plants. The purchase involves shrimp farmers or brokers contacting vendors at the market in advance. When shrimp container vehicles arrive at the market, the drivers will be told to go to which fish market section to unload. A ticket will be issued to the shrimp owners or driver. Once the container reaches the destination, it will be the duty of the market section concerned to do the rest of the work. Workers unload shrimp from the container, sort them out into various sizes, named label No. 1, 2, 3, etc. When the unloading is complete, the market and purchasing parties will inspect the shrimp sizes and the number of shrimp per kilo. Some will be boiled to check for smells. Then the market operator will call the purchasers to make a bid. The highest bidder will be given shrimp of a particular number. The bidder will stick a tag of his name to the shrimp barrel that he has won. The market operator will pour water into the barrel to defrost the shrimps and scoop them up into the purchaser s basket. With the last barrel completed, the shrimp will be left for 15 minutes before they are weighed by the three parties concerned, i.e. buyers, market operators, and shrimp owners. After the transaction is completed, payment will be made to the shrimp owners on the same day. The market operator will charge up to two percent of the sale and collect the money from the buyer within seven days. Some transactions are made directly between the buyer and seller to avoid an unpleasant situation of having to deal with a buyer with poor financial standing. The shrimp transaction in the central Mahachai market is free for all. The shrimp owner can choose to sell his products to any market operator with no outstanding debt. Nevertheless, there are certain rules to follow. When the container vehicle arrives at the market post, it must mention to which market operator the shrimp will be sold. Shrimp at the central Mahachai market are sold in all sizes and in every condition because there are all sorts of ready buyers including cold storage operators for export, shrimp-peeling plants and dried shrimp factories, as well as small shrimp vendors (Samut Sakhon Shrimp Trader Group, source: 25 June 2009). (2) Process of subcontracting arrangements in the fish-processing industry 1 2

15 Based on the field visits and interviews with a sample group of employers, it was found that there are two forms of subcontracting arrangements adopted by small-scale fishprocessing businesses for shrimp peeling, squid cleaning, or fish slicing: First, small and medium-size fish-processing plants enter into an agreement with cold storage operators or large fish-processing plants who will buy shrimp, fish or squid direct from the market. A certain amount of shrimp that they win through bidding will be allocated to smaller plants. They also set the wages to be paid for the contracted work. The work that the small and medium-size plants do will mostly be shrimp peeling, squid cleaning, and fish slicing. The finished products will be returned to cold storage operators and large fishprocessing plants. Second, small and medium-sized fish-processing plants directly participate in the bidding for shrimps, squids or fish at the fish market. The successful bidders will do the peeling or cutting up of the products and send them to cold storage or large fish-processing plants. Interviews with medium-sized fish-processing operators reveal something about subcontracted work as follows: The work involves shrimp peeling. The process starts with the cold storage. We are given the products and return them when the work is completed. We do about 3-10 tons a day. During the economic recession, some impact was felt, but it was minimal. There would be fewer workers Interview with a fish-processing operator, shrimp peeling The work we undertake is to cut up fish and send them back to the plants. The amount of work varies from day to day, depending on the fish availability. After the cutting up is done, the products will be sent to the plants straight away Interview with a fish-processing operator, cutting up fish The type of business is subcontracting for shrimp peeling. We do about 7-10 tons a day. The products will be sent to the mother plant Interview with a fish-processing operator, shrimp peeling However, the study reveals that cold storage or large fish-processing plants employ migrant workers to peel shrimps, cut up fish or clean squids at the same time, although they are more careful when it comes to hiring young migrant workers. As a result, they are able to maintain their good image with regard to child labour. In addition, these large fishprocessing or cold storage plants who initiate the subcontracting arrangements will send their officials to inspect the quality of the shrimp, fish, or squids concerned. Considerable care is taken to inspect the hiring of migrant workers under the age of 15 by government officials from the Office of Labour Protection and Welfare as well as by the officials of the cold storage and fish-processing plants. The inspection at the small and medium fish-processing plants under the subcontracting agreements will vary from plant to plant. Some conduct the inspection on a weekly basis, others on a monthly basis. 1 3

16 While big fish-processing plants in Samut Sakhon manage to avoid hiring illegal workers or child labour as described above, many small and medium fish-processing operators are found to do so. Therefore, the bigger subcontracting plants must bear responsibility for such illegal practice, especially the use of illegal migrant child labour. Unfortunately, the issue remains neglected and no attempt has been made to show responsibility for the presence of migrant workers in long and medium fish-processing plants. In conclusion, the areas in which fish-processing plants and markets are densely located are Sub-districts of Mahachai and Bang Yaphraek. Subcontracting arrangements start with the bidding at the fish/shrimp market by cold-storage, small, medium and large fishprocessing plants. After the bidding, sub-contracted fish-processing units will peel shrimp or cut up fish as allocated and return them to the original cold storage or fish-processing plants. 1 4

17 Chapter 4 Use of Child Labour in the Sub-contracted Work of Fish- Processing Plants and Fish Market and Its Impacts on Child Labour The report on the employment of child workers in the jurisdiction of Samut Sakhon reveals that there are all together 7,006 workers between the ages of 15 and 18, 1,603 male and 5,403 female workers (Samut Sakhon Provincial Office of Labour Protection and Welfare, 2009). Of this number 874 are child migrant workers registered with the Samut Sakhon Provincial Employment Office. Despite the age limit requirements for employment of child labour, in reality there are a number of underage workers, especially child migrant workers, who are driven for various reasons into the work market. Their families are poor and depend on them for financial support. Other underage children accompanying their parents or relatives into the town eventually end up being workers. On account of the legal requirements for hiring registered migrant workers who must be at least years old, several employers who hire workers under the age of 18 dare not report to the government authorities. In addition, there are incidents of filing a false report on the age of migrant workers under 15 in order to avoid arrest. In the study we can divide the general nature of child labour in two categories in the subcontracted work in the fish-processing industry. First, there are properly registered young migrant workers aged years and those under the age of years who lie about their age and are registered as workers. The latter, therefore, receive welfare, wages and medical treatment just like any other regular worker. Second, there are unregistered migrant workers who are too young for employers or themselves to claim that they are years old. These children tend to accompany their parents, relatives or acquaintances who are already working at small fish-processing plants or at the fish market and work alongside them. They receive smaller wages than general workers and often have their wages included into the pay packet of their parents and relatives. They are not entitled to any welfare benefits. 4.1 Process to enter the work market In general migrant children either enter the work market voluntarily or accompany their parents or relatives already at work. The sample group under the present study works at the establishments where their parents, relatives or acquaintances from their villages are working. These acquaintances apparently play an important role in taking younger members into the workforce. The main reason for migrant children in Samut Sakhon willing to work is that their families are poor. The parents come to the province to seek work to support the family. Another reason is that Thailand is more developed than Burma. Those working children who are not too young have been taught that they need to assist their family, so a number of these children want to work to help their families accordingly. Thus, migrant 1 5

18 children enter the work market, giving rise to the use of child labour. Most children interviewed share common reasons why and how they decide to enter the work market. Tu (assumed name) is a Burmese worker working on a subcontracting basis at a small fish-processing plant in Samut Sakhon. He came to work on the persuasion of his elder sister who was working there. His journey was arranged through a broker who brought him into Thailand. He said that he came to Thailand because he had nothing to do in Burma, there was little employment, and his family was poor. His sister was already working in Thailand. All this made him decide to work here. He is staying with his elder sister at a room provided by the plant. We asked about his family and learned that his family consists of four members: his parents, elder sister and himself. He completed Grade 6 from a school in Burma and did not further his study because his family could not afford it. His parents are farmers working in Burma An 18-year-old child worker from Burma, working at a small fish-processing plant for three years Ay (assumed name) is a Burmese female young worker who had an opportunity to come to Thailand and work at a small fish-processing plant named Amnuay. She said that the reasons for her risking her life to work in Thailand were that her family was poor, her homeland offered very little future for her, and she had to take care of her parents and a sister who was only a few years younger than her. She has been in Thailand for about three years working at the Amnuay plant. It is her first workplace and the only place she has been working in exchange for wages A 15-year-old child worker from Burma, working at a small fish-processing plant for three years Child migrant workers at this fish-processing plant as a rule travel with their families. They often stay with their elder sisters or parents. Some came after their family members had settled in the country, while others accompanied their families. They do the work according to their aptitude. We do not rush them. 7 From an interview with a fish-processing operator, shrimp peeling Most children start working when they accompany their parents to the plant. There is no place for them to play at home. It is safer to come with their parents. If they were left with the community, their parents might have to pay for childcare. If they were left at home, they might be bullied by their peers or sexually harassed. Work at a fish-processing plant is paid by bulk. On a day when there are lots of shrimp, the children will go to help their parents work. During the period when there are a small number of shrimp, the children are not required... An NGO worker The information from the two child workers above regarding their work at the fishprocessing plants in Samut Sakhon reveals similar circumstances. They come from poor families and want to support them. Upon persuasion, they join their relatives already working in the province. Some children accompany their parents or relatives working at fishprocessing plants. Since they do not go to school and there is no one to take care of them at home, their parents/relatives make them work to earn supplementary income. As time goes 7 The research team observes that child workers often peel shrimps in the same group or at the same table with their parents, siblings, or relatives. 1 6

19 by, they become regular workers. Often they are led to believe that leaving school to earn income to support their families is the most important. Those who work hard and make more money for the families will be praised as grateful persons. Such an attitude causes children to prematurely enter into the workforce. The above situation also shows that their parents often give more importance to income than their children s education. Some know full well that it is not suitable to send young children to work, but the income is so important to these families that they are content to leave them as they are. They tend to feel that education does not really matter. Besides, these children have been taught about the value of gratitude, such that they must put the interests of the families before their own. The income they earn seems to be incentive enough to keep them happy and want to continue working rather than go to school. Working here means I do not go to school, and there is no school to go to here. If I go to school, I will have to go to a different location. If I go to school, I will have to stop working. I can go to school only on Sunday. But I don t because I will not earn any money. That would be a pity A 17-year-old child worker from Burma I think that it is necessary to continue to work to support the family. As for going to school, I do not know. Mother does not allow. I would rather work. A 14-year-old child worker from Burma In addition, it is not just how these children become child workers but their age that is of interest here. The two child workers above said that they had been working at the fishprocessing plants for three years. In other words, the first child started work when he was 15 and the other when he was only 12. Other children interviewed by the research team gave similar information. This premature entry into the workforce affects the children directly and society at large, as will be discussed below. 4.2Type of work done by child migrant workers at fish-processing plants or fish market In general these child workers will clean squids, peel shrimps, cut off fish heads or cut up fish. With regard to shrimp peeling, in particular, based on the observation at the site, many agree that child workers have more nimble fingers than the adult counterparts. This is especially true with smaller-sized shrimp. They have smaller fingers and peel them more readily than do the adults. At the fish market, they are told to separate fish/shrimp into different sizes or to carry fish buckets that are not too heavy for them. Children work just like adults, peeling shrimp and sorting out shrimp sizes. At a fish market, adult workers will carry heavier items. At the fish pier in the morning you will see children separating fish. Most workers are related in one way or another. Parents will do regular work while children are given lighter tasks An NGO worker Most child migrant workers often work long hours. Their work and working conditions are no different from the adult counterparts, a situation unsuitable for their physique. 1 7

20 Child migrant workers here work just like adults, only with shorter hours From an interview with a fish-processing operator, shrimp peeling The work we do is shrimp peeling, including breaking off shrimp heads and cutting open shrimp backs. There are no fixed working hours depending on when the shrimp arrive. When that happens, the plant owner will send for us at our lodgings A 17-year-old Burmese migrant worker On the whole, the research findings correspond with the information from the interviews with child workers and their parents in that these children have to work to support their families. Parents and children all say that they are willing to do so. The latter think it important to help their parents who gladly welcome an additional income to the family. The problem is that these child migrant workers are deprived of many opportunities and adversely affected as follows: 4.3 Wages and welfare for child migrant workers In subcontracting, often workers cannot decide what their wages will be. Wages are set by the employers for the work involving shrimp peeling, fish slicing or squid cleaning. Work also depends on the raw material available at the plant. In this connection, wages are calculated on the basis of the number of kilograms. The size of the shrimps also has a bearing on the wages: the smaller the size, the higher the price. Their wages are usually paid to their parents or relatives working at the same plant, the situation that they are willing to go along with. Some of the money may be handed to them. My wages are 1,200 baht per seven days. The employer will deduct 200 baht for the police fee and another 100 baht for card registration. All that is left is about 900 baht per week. Some of this amount will be spent buying working gear needed for the plant work, i.e. 4 baht for a pair of rubber gloves (inside layer) and 10 baht for a pair of knitted gloves (outside layer). These gloves are bought on a daily basis. Other items bought are an apron (20 baht), a cap (20 baht), a pair of boots (50 baht), a knife (25 baht), and a pair of scissors (20 baht). The plant owner takes no responsibility for these items. Nor do they help with the expenses I give the rest of the money to my mother who gives me 200 baht a week. I spend it on sweets, clothes and other personal belongings A 14-year-old child worker from Burma The wages are calculated according to the size of the shrimps on a kilogram basis. A small shrimp will fetch about 10 baht. The weekly wages come to about 1,300-1,500 baht. How much we earn depends on how much we can work A 17-year-old child worker from Burma My job is to break off fish heads. My working hours are 0700 to 1600 hours. (Some days I work until 1700 hours.) When I get paid, I give all the money to my parents. I earn about 1,000 baht, sometimes less because the wages will depend on the weight of the fish heads that are broken off, which comes to 1 baht per kilo A 15-year-old child worker from Burma 1 8