Approaches tp Protect the Right to Work under Preventing and Restraining Measures of the Pandemic of COVID-19

Main Article Content

Yodsapon Nitiruchirot
Kridakorn Wongwuttikul
Pimonkorn Pangfoo

Abstract

The objectives of this research are: (1) to identify the nature problem and impact on the right to work during the outbreak of Coronavirus disease (COVID-19) and (2) to suggest the guidelines for protecting the right to work during the outbreak of COVID-19. The research methods employed in this research were documentary research, in-depth interviews with experts, representatives of government agencies and private-sector, employers and employees in various sectors, and a focus group.
The research results were as follows: The containment and prevention measures to flatten the peak of COVID‑19 adopted by the Government can be considered effective measures to prevent and control the spread of COVID-19, such as, lockdown and curfew. However, such measures are likely to have a significant effect on the economy, the society at large, and the right to work, for example, the right to organize and collective bargaining, the right in work, the right to get payment of wages, and occupational safety. Therefore, the adoption of legislation during COVID-19 pandemic should consider not only preventing the spread of the COVID-19 virus but also the right to work. In addition, some laws should be enacted, for example, an obligation for employers to provide comprehensive protection for employee’s safety, and the right to refuse unsafe work and quarantine leave without loss of wage.

Article Details

How to Cite
Nitiruchirot , Yodsapon, Kridakorn Wongwuttikul, and Pimonkorn Pangfoo. “Approaches Tp Protect the Right to Work under Preventing and Restraining Measures of the Pandemic of COVID-19”. Naresuan University Law Journal 16, no. 2 (December 23, 2023): 191–219. Accessed November 21, 2024. https://so04.tci-thaijo.org/index.php/lawnujournal/article/view/263765.
Section
Research Articles

References

Ban, Xiaohui. “Responding to the Impact of Covid-19 on Labor Relationship in China.” Accessed November 30, 2022. https://www.cielolaboral.com/wp-content/uploads/2020/04/china_noticias_cielo_coronavirus.pdf.

Chayaphat Ampavat. “Comparison of Currently Effective Laws Regarding Tackling the Coronavirus Disease 2019 (Covid-19) Situation between Thailand and the United Kingdom.” Junlaniti 17, no. 3 (2020): 41-61. [In Thai]

Department of Labor Protection and Welfare. “Department of Labor Protection and Welfare Explains an Announcement from the Ministry of Labor Affair on Prohibition of Lock-out and Strike to Settle Labor Disputes During the Emergency Situation Declared by State.” Accessed November 25, 2022 https://www.labour.go.th/index.php/54163-2020-05-15-09-56-55. [In Thai]

Department of Labor Protection and Welfare. “Discussion on the Use of Power to Prevent the Covid-19 Crisis, Legal Affairs Division Case No. 747/2020.” Accessed November 26, 2021. https://legal.labour.go.th/attachments/article/161/63_00001.pdf. [In Thai]

Eichhorst, Werner, Paul Marx, Ulf Rinne, and Johannes Brunner. Jobretention Schemes During Covid-19: A Review of Policy Respones. Geneva: International Labour Organization. Accessed November 30, 2022. https://www.ilo.org/wcmsp5/groups/public/---ed_emp/documents/publication/wcms_849465.pdf.

ILO. “Law of the People’s Republic of China on Work Safety.” Accessed November 30, 2022. https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/76096/108029/F924956495/CHN76096%20Eng2.pdf.

ILO, and Unicef. “New Guidelines to Help Employers Support Families During Covid-19.” Accessed November 30, 2022. https://www.ilo.org/moscow/news/WCMS_740217/lang--en/index.htm.

Jirapat Pattarasenee. “The Issue of Using Employer Power of Command over the Ordinary Working Hours through Communication Technology.” Master’s thesis of Law, Faculty of Law, Thammasat University, 2008. [In Thai]

Kantima Pongnairat. “The Impact of Inaccessibility to Government Welfare among Informal Workers During the Covid-19 Situation: A Case Study of Pattaya City.” Journal of Wisdom the Political Science and Multi-Disciplinary Sciences 4, no. 3 (2021): 27-44. [In Thai]

Kullachart Areeratpitak. “Problems and Obstacles in Enforcing the Safety Occupational Health and Work Environment Act B.E. 2554.” Interdisciplinary Sripatum Chonburi Journal 3, no. 2 (2017): 44-45. [In Thai]

Legal Affairs, Ministry of Labor. “Information to Receive Comments for Consideration the Draft of National Promotion and Development of Informal Sector Labor Act B.E. ….” Accessed December 4, 2022. https://legal.labour.go.th/images/law/draft/informal_001.pdf. [In Thai]

Library of Congress. “Telework and French “Right to Disconnect.” Accessed November 30, 2022. https://blogs.loc.gov/law/2020/08/telework-and-the-french-right-to-disconnect/.

McGaughey, Ewan. “Asocial Recovery. Workplace Democracy and Security: Covid-19 and Labour Law.” King’s Law Journal 32, no.1 (2021): 123-124. [In Thai]

Ministry of Health and Social Affairs. “Medical Certificate Requirement During Sick Pay Period to Be Suspended.” Accessed November 30, 2022. https://www.government.se/press-releases/2020/03/medical-certificate-requirement-

during-sick-pay-period-to-be-suspended/.

Ministry of Manpower. “Am I Eligible for Sir?” Accessed November 30, 2022. https://www.mom.gov.sg/-/media/mom/documents/press-releases/2020/0406-annex-sirs-eligibility-flowchart.pdf.

Office of the National Economic and Social Development Council. “Nesdc Announces a Report on the Position of Thai Society in the First Quarter of 2020.” Accessed November 30, 2022. https://www.nesdc.go.th/ewt_news.php?nid=10260&filename=index. [In Thai]

Parliament. “The Independent Labor Rights, Consumer Rights, Pedestrain Rights…Workers Are Protected, People Is Fairly Treated, Society Must Be Safe, and Safe Driving on Raod Campaign for Riders, Summary of Seminar Report.” September 29, 2022. [In Thai]

Pongrat Krueklin. Labour Law for Human Resource Management. Bangkok: Niti-Dham, 2020. [In Thai]

Pornsuda Jiampattanatrakul. “Can Employers Force Employees to Get the Covid-19 Vaccine?” Accessed February 19, 2023. https://www.labour.go.th/attachments/article/62232/62232.pdf. [In Thai]

Prospect. “I Do Not Think My Workplace Is Safe, What Rights Do I Have If I Refuse to Work on Health & Safety Grounds?” Accessed October 6, 2022. https://prospect.org.uk/article/i-do-not-think-my-workplace-is-safe-what-rights-do-i-have-if-i-refuse-to-work-on-health-safety-grounds/.

Sagan, Adam, and Christian Schu¨ller. “Covid-19 and Labour Law in Germany.” European Labour Law Journal 11, no.3 (2020): 292–297.

Sakdina Chatrakul Na Ayudhya. Ilo Conventions No. 87 and No.98: Why Ratification. Bangkok: Friedrich Ebert Foundation, 2010. [In Thai]

Sarun Jongrak. “Food Delivery Rider Is Not Worker: The Distortion of the Thai Legal Syystem.” CMU journal of law and social science 14, no.2 (2021): 38-58. [In Thai]

Soested, Mette, and Natalie Videbaek Munkholm. “Covid-19 and Labour Law: Denmark.” Italian Labour Law e-Journal 13, no. 1S (2020).

Sutthichai Ngamchuensuwan. “ Academic Seminar on “Gatherings During Covid-19 Legal or Illegal?” Thammasat University, August, 29 2021. [In Thai]

Szymendera, Scott D. Ocuupational Safety and Health Administration (Osha): Covid-19 Emergency Temporary Standards (Ets) on Health Care Employment and Vaccinations and Testing for Large. Congressional Research Service. R46288, 2022.

Thailand Development Research Institute (TDRI). “South Korea: Timeline of Policy/Measures Relating to Labor.” Accessed November 30, 2022. https://www.covidpolicywatch.com/southkorea. [In Thai]

Thawal Ruyaporn, Treeneat Sarapong, and Vorrayuth Poonsuk. “Legal Problems for Labour Protection During Coronavirus Disease 2019 Pandemic.” Journal of Graduate Studies Valaya Alongkron Rajabhat University 16, no. 3 (2022): 105-122. [In Thai]

UK Government. “Policy Paper Budget 2020.” Accessed November 30, 2022. https://www.gov.uk/government/publications/budget-2020-documents/budget-2020.

United States Department of Labor. “Workers’ Right to Refuse Dangerous Work.” Accessed November 30, 2022. https://www.osha.gov/workers/right-to-refuse#:~:text=If%20the%20condition%20clearly%20presents,be%20exposed%20to%20the%20hazard.

Wanna Wijit, Thianrat Teeraphibun, and Natthaphon Chaisiri. “Work-Form-Home Models of Personnel During the Spread of Coronavirus Disease 2019, Office of Disease Prevention and Control Region 2, Phitsanulok.” Journal of Disease Prevention and Control: DPC.2 Phitsanulok 8, no.1 (2021): 30-42. [In Thai]

Watcharaporn Wongsakoonkan, Busaya Ju-ngam, and Phacharakamon Klanbut. “The Role of Professional Safety Officers in the Situation of the Outbreak of Covid-19.” Journal of Research and Innovations in Science and Technology 1, 1 (2020): 88-97. [In Thai]

Wichaya Komin, Rungnapa Thepparp, Borvorn Subsing, and David Engstrom. “Covid-19 and Its Impact on Informal Sector Workers: A Case Study of Thailand.” Asia Pacific Journal of Social Work and Development 31, no.1-2 (2021): 80-88. [In Thai]

World Health Organization. “Covid-19: Occupational Health and Safety for Health Workers, Interim Guidance.” Accessed October 6, 2022. https://www.who.int/publications/i/item/WHO-2019-nCoV-HCW_advice-2021-1.