LabourInspection in hard to reach and vulnerable sectors Wilaiwan.k Department of Labour Protection and Welfare (DLPW), Ministry of Labour Theme 1: Promotion of fair and appropriate employment protection, payment of wages, and adequate access to decent working and living conditions for migrant workers 7 th ASEAN FORUM ON MIGRANT LABOUR, 20-21 NOV. 2014, Nay Pyi Taw, Myanmar
Strong political will Government s Policy In tackling forced labor and human trafficking as one of Govt. s Top Priority Issues Integrated issues of Migrant worker for more systematic and integrated manner Illegal status of migrant workers => vulnerable => possible exploitation Hence, systematic registration : - To prevent them from exploitation - To better monitor & ensure decent working conditions and appropriate protection
5Ps Approach to ensure the protection of the rights of migrant workers 1.Policy 2. Prevention 3. Protection 4. Prosecution 5. Partnership The Department of Labour Protection and Welfare
P1.Policy: Non -discrimination Policy : Labour Protection Act B.E. 2541 (1998) Non Discrimination Principle Equality and Fairness without discrimination Regardless of nationality and legal status of workers, all are ensured that their labour rights are protected without discrimination (Thais, Documented, Undocumented Worker are equal protected) Labour Rights: Minimum Wages,working hours, rest time, weekly day off, traditional and annual holidays, compensation,
PREVENTION STREGTHEN LABOUR INSPECTION, ESPECIALLY ON FISHING BOATS AND IN HIGH-RISK WORKPLACES ENHANCE INTEGRATED DATABASE : LABOUR IN FISHERY INDUSTRY AND FISHING VESSELS REVISE LAWS CONTINUE SYSTEMATIC REGISTRATION & NV FOLLOW UP ON IMPLEMENTATION OF GLP RAISE AWARENESS P 2 PREVENTION CAPACITY BUILDING OF MULTI-DISCIPLINARY TEAM
P 2 Prevention : Labour Inspection Strengthen Labour Inspection on Child labour, Forced labour, Trafficking to cover hard to reach sectors and vulnerable groups of workers Prioritizing Labour Inspection where large number of MWs Employed Targeting Sectors Small Factories (worker ( worker 1-45 persons), Shrimp and seafood processing supply chain Garment arment, Sugar Crane Fishing boat,
Under Labour Protection Act B.E. 2541 (1998) Ministerial Regulation (No.10) (1998) on Sea Fisheries Workers Protection Applicable only to a fishing vessel employs 20 workers + and operates in Thailand or outside the country for a period of less than a year. Minimum age = 16 years of age Record keeping/payroll records/lodging a complaint payment, annual holiday Sick leave, Remuneration of stranded workers in a foreign port, Repatriation)
New drafted : Ministerial Regulation on sea fishery worker protection : To ensure fishers are better protected (underway: process of submitting to the cabinet, Minister for Labour to sign) applied to fishing vessels with at least one worker that operates outside the border of the Kingdom without time limit Minimum age = 18 years of age + Written Employment Contract with their migrant language/once a year bring workers report to Labour Inspector. Wages paid : at least once/month, Restime: at least 10 hrs/24 hrs. etc. Ete
DLPW/ILO TRIANGLE : Training Module for Labour Inspection : Reaching Vulnerable worker and hard to reach in fishery sectors Experiences Labour Inspectors of 22 Coastal Province 30 Person / batch 4 batch Totally 110 Persons
Training Module M. 1 Review Attitude s of LabourInspector & Understand vulnerable workers, Role of LabourInspector M. 2 Working Condition of Fishing boat, Situation of LabourAbused in Fishing Sectors M. 3 International Law and National Law related child labour, Forced Labour Trafficking/ Role of Networking,Multi disciplinary Agencies on labour trafficking M 4 Case study analysis & gathering indicators of Labour abused Criminal process cases of Labourabused and Human Trafficking / Analysis tools Of vulnerable workers Inspection M 4 Group work : Practices fisheries inspection, and review follow up plan of fisheries Inspection
Related agencies protection mandate on fishery
Labour Protection : Inspection Labour Inspection Regular Inspection Multi-disciplinary Team Inspection by Royal Thai Navy agency
DLPW Regular Inspection Written EmploymentContract/ Employee Rrecords /payment Record, ect.
Multi-disciplinary team inspection Set up : 22 coastal provincial Multi Disciplinary Inspection Operation Team: MOL/ Marine Police/ DSI /Fisheries Dept. etc.
Navy authority Marine police as Labour Inspectors MOL assigned marine police, Navy authority do inspect as a labour Inspector on foreced labour and trafficking on board fishing boat (ภาพจาก FB ของกองบ งค บ
Inspection forcuson child labour & Forced Labour Child labour Debt bondage /forced Labour OSH Non- discrimiantion No Compulsory Over time Rest Time / Wages /salary No violence/threat en
Inspection : Fishing boat Written Employment Contract of Fishing boat with migrant languages Identity Document
Development of Integrated Database for Fishing Vessels Inspection (2) Initial Information set up DOF/Marine Dept. fishing vessels fishing gears/licenses vessel owners DOPA (OSS) migrant fishing workers employers (i.e.owners) Inputs after joint inspection MOL(DLPW/DOE) legality of (migrant) workers employment working conditions (no forced labour, human trafficking) Navy/Marine Police/ MOL/ DOF/Marine Dept. record inspection reults prosecution results
Database management system
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5. Joint inspection of fishing vessels and labour in marine fisheries Joint inspection scheme by 6 agencies: DOF, Marine Dept, Marine police, Navy, MOL (DLPW, DOE) ) by means of Port in Port out Control To inspect legality of fishing operation, labour migrant workers registration, wages, force labour, trafficking etc./not less than 400 times in the next fiscal year (Oct 2014-Sept 2015) To use network of database as a powerful tool for joint inspection in the near future in recording of FVs -- labour database and inspection results 21
4. Development of Integrated Database for Fishing Vessels Inspection (5) 22
Port in Port out Control
4. Development of Integrated Database for Fishing Vessels Inspection (3) http://www.fisheries.go.th/fishinginfo Employer data Name ID Address xxx Labour data FVs & Fishing operation data FVs & Fishing operation data Fishing Vessel Registration Fishing License Data 24
Development of Integrated Database for Fishing Vessels Inspection (4) Labour data Port in Port out Date Port Departure Date Port departure date Port arrival date Port Arrival Date Catch (ton) Migrant Worker ID Name 25
Labour Protection : Fishery Sector Coordinating Center for Fishery Industries Labour Inspection Database Management Confidence Building Measures Complaint Mechanism Law and Regulation Revision
Complaint Mechanism Interpreter Available Provide necessary Information for migrant workers Assist Migrant worker on their right, Wage, Social Security and so on, as prescribe by Law Transfer case to responsible agencies
2. Prevention : Awareness Raising on Labour Right to MWs with Migrant languages 12/10/2014 28
Labour Protection : for fishery Industry 1. Labour Management Register workers Create registration Record 2. Fishing Vessel Management 3. Protection of Workers on Fishing Vessels Create Port in Port Out Registration Record Check employment contract Inspect and protect workers 4. Inspection, Suppression, Arrest and Prosecution Inspect and prosecute ones who do not comply with the law 5. Assist, Remedy and Rehabilitation Receive complaints, coordinate with agencies Identify victims
Nor single country/ agency can solve the problem 30