Labour Protection Law in Fishery Work: A Study of Conformity with Work in Fishing Convention (No.188)

Abstract

The purposes of this research were to (1) study Labour Protection in Fisheries Act B.E. 2562 and Work in Fishing Convention, 2007 (No. 188) including other relevant Laws; (2) compare Labour Protection in Fisheries Act B.E. 2562 including other relevant laws with Work in Fishing Convention, 2007 (No. 188) and conduct analysis; and (3) seek suggestions for making development and amendment in law on labour protection in fishing work in order to be appropriate and fair. This study was a documentary research by using books, journal articles, theses, research reports, and related electronic media.    

It was found that Thailand has enacted the particular law on labour protection in fishing work: Ministerial Regulation on Labour Protection in Sea Fishing Work B.E.2557 amended by Ministerial Regulation on Labour Protection in Sea Fishing Work (NO.2) B.E.2561. After Thailand had ratified Work in Fishing Convention, 2007(No. 188), Labour Protection in Fisheries Act B.E. 2562 was enacted as the force in order to comply with the convention without repealing Ministerial Regulation on Labour Protection in Sea Fishing Work B.E.2557. Provisions which have been prescribed in Labour Protection in Sea Fishing Work B.E.2557 will not be enacted in Labour Protection in Fisheries Act B.E. 2562 repeatedly. Although law on labour protection in fishing work of Thailand has, mainly, provisions conforming with the Convention (No.188), some issues are distinct from the convention or they are not enacted in law on labour protection in fishing work particularly; however, they will be enacted in other relevant laws.

It was recommended that law on labour protection in fishing work should be amended for the purpose of protection which are extensive and fair for fishing workers and conform with Work in Fishing Convention, 2007 (No. 188). In addition, Labour Protection in Sea Fishing Work B.E.2557 should be considered for repealing by incorporating into Labour Protection in Fisheries Act B.E.2562 as the only version because of avoiding confusion of concerning people in implementation. Also, the manuals which comply with laws related to the protection in fishing workers should be extensively prepared with relevant laws in order that the enforcement of law will be efficient.