THE DEVELOPMENT OF LABOR LAW TO SUPPORT THE ASEAN ECONOMIC COMMUNITY ON WORKING IN THAILAND

Abstract

The dissertation on “the development of labor law to support the asean economic community on working in thailand had the objectives 1) to study the concept and theories on the development of labor law for the ASEAN economic community on working in Thailand and foreign countries, 2) to examine the state of legal issues and factual issues related to the development of labor law to support the ASEAN economic community on how to work in Thailand and how it should be solved, 3) to analyze and compare how similar or different of Thai and foreign laws, and 4) to investigate the development of the law model according to working  of aliens act B.E. 2551 (2008),  immigration act B.E. 2522 (1979), compensation act B.E. 2537 (1994) , and social security act B.E. 2533 (1991) which are suitable for foreign workers working in thailand.

              This research was the descriptive study which was conducted both qualitative and quantitative research. Therefore, the data were collected by in-depth interview and questionnaires.  The samples used in this research were experts in administration or data given, experts in law enforcement, and experts in labor law or instructors of labor law.   

              The findings showed that; the factual issues were 1) foreign workers may pose  problems and become burden to the nation whether it is internal security issues, crimes and non-compliance issues, alien communities, public health problems, escort and stateless child issues, employment of foreign workforce problems including budget and government expense problems, 
2) migrant workers who come to thailand legally and illegally in cases where an employee suffers from  a work-related injury or illness, the employer shall provide a compensation fund to the employees. legal issues found that foreign workers worked in professions where the law prohibits to work. the liberalization of professional labor unions is somewhat different from other liberalization. it is the mutual agreement of all ASEAN member countries to certify professional qualifications so that they can apply for a professional license in asean conveniently. the mutual agreement in the profession of the foreign workers act b.e. 2551 (2008), prohibits foreigners practicing professionally in the country, which include the field of engineering, architecture, accounting, professional exploration, and the tourism profession.

              The development of labor-related laws showed that the immigration act b.e.2522 (1979), migrant workers must comply with this law. working of the aliens must be updated or re-reviewed on all occupations or some parts. the appeals of the appeal committees should be reviewed or revised for a longer period, the penalties of not over six – month jailing or not over ten - thousand - baht fine or both, under section 62, to impose penalties on employers who violate section 48 should be added to the penalties to suit the current situation. the filing of documents by the insurers who are females and males, for the purpose of deducting childbirth benefits under section 65, it should require for the same document as the regulations and there should be an amendment to the law / ministerial regulation to be appropriate for insured beneficiaries to provide old age allowance at the age of 55 years and to leave the job or there is the need to return the country of origin.