Problems Relating to the Violation of the Migrant Workers’ Rights under Legal Mechanism in the Recruitment and Employment of Migrant Workers through Memorandum of Understanding between the Government of the Kingdom of Thailand and the Government of the Union of Myanmar on Cooperation in the Employment of Workers
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Abstract
This research aims to study problems of legal mechanism for the protection of workers’ rights and the fair recruitment and employment of workers under the agreement between Thailand and Myanmar and recommend the solutions thereof. This research is based on documentary analysis and in-depth interview with relevant stakeholders. The research found that most of the policy and laws of Thailand were in line with the international standards. Problems remained at the law enforcement of certain issues as the high cost of fee and expenses in the recruitment process, the seizure or keeping the personal documents of the workers by the employers, the limited conditions to change the employers and the termination of contract, the access to the complaint mechanism and the access to benefits in the social security and the workmen’s compensation funds. The research outcomes led to the recommendations for the government as follows: Firstly, negotiate for the additional clauses in the MOU on the fee and cost in the recruitment process and the conditions for the change of employer. Secondly, make clear guidelines on wage and debt deduction and revise the practice of keeping the workers’ personal documents by the employers. Thirdly, revise law on the change of the employers not to be based on the wrongdoing of either the employer or the worker. Fourthly, improve the complaint procedures and develop the referral system to reduce the burden of the
employers and workers. Fifthly, improve the access to the benefits under the social security and the workmen’s compensation funds for migrant workers to be able to receive those benefits the same as Thai counterparts.
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References
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