THE DEVELOPMENT OF VOCATIONAL EDUCATION LAW TO RECOGNIZE THE RIGHT OF THAI WORKERS ABROAD TO TRANSFER AND ACCREDIT THEIR PRIOR LEARNING

Abstract

This research article aimed to: 1. study the problems and obstacles associated with vocational education laws concerning the recognition of knowledge transfer rights for Thai workers abroad; 2. comparatively examine the implementation of mechanisms for recognizing such rights in Thailand and other countries; and 3. propose guidelines for developing vocational education laws to recognize the knowledge transfer rights of Thai workers abroad through the integration of the Bala 5 principles. This study employed a qualitative research design based on documentary research covering legal literature, relevant laws, and regulations of the Office of the Vocational Education Commission, together with in-depth interviews with 21 key informants. The data were analyzed and synthesized to formulate approaches to legal development. A focus group discussion with nine participants was subsequently conducted to validate and support the proposed guidelines and approaches.

The findings revealed that 1. A major problem was that highly skilled Thai workers abroad faced gaps in documentary evidence and delays in having their qualifications recognized upon returning to Thailand due to the absence of mechanisms aligned with international standards. 2. A comparative study of Japan, China, and South Korea indicated the use of well-established Recognition of Prior Learning (RPL) and Credit Bank systems; and 3. The development of vocational education laws should integrate the Bala 5 principles: Saddha (confidence in standards), Viriya (support for lifelong learning), Sati (transparent verification of information), Samadhi (policy continuity and stability), and Pañña (competency-based assessment). These principles should be implemented through digital tools and amendments to the Vocational Education Act B.E. 2551 (2008). The proposed collaborative model and Strategic Policy for proactive workforce development comprise: 1. Virtual Classrooms Abroad, by expanding the legal definition of “establishment” under the Vocational Education Act to include qualified organizations abroad, thereby enabling overseas work experience to be recognized as equivalent to learning in Thailand; 2. Educational Diplomacy, through tripartite collaboration among the Ministry of Education, Ministry of Labour, and Ministry of Foreign Affairs to establish Mutual Recognition Arrangements (MRAs) enabling Thailand to recognize assessments conducted by overseas employers; 3. a National Skill Credit Bank, serving as a digital credit accumulation and transfer system; and 4. a Legal Sandbox, through which criteria for recognizing and transferring learning and work experience under the National Qualifications Framework (NQF) could initially be piloted with Thai workers in selected countries, such as Japan, to assess their practical impacts before full-scale implementation.