Measures to Protect the Elderly Labor’s Rights under Thai Law Compared with Japanese Law

Abstract

This academic article aims to study the protection of working rights of the elderly workers under Thai law compared with Japanese law.

According to the study, it was found that Thailand and Japan paid attention to protecting the rights of elderly workers to ensure the effective performance and promoting and supporting the business places to employ more elderly workers. However, according to The Employment Measure Act 2007, the aged discrimination in recruitment is forbidden. People have the equal opportunity for employment regardless of age. The government provides assistance and coordinates with local governments concerning the employment through the “Silver Human Resource Center”. In case of elderly workers employment, according to the Law Concerning Stabiliza tion of Employment of Older Persons Act, 1971 also requires employers to submit an annual report to the minister on employment details, compulsory retirement age standard, re-employment after retirement and relevant details. This is to ensure the employment guarantee and prevent the unfair dismissal.

The author suggests as follows. 1) The Labor Protection Act in respect of the elderly labor should be amended as a specific category and separated from other categories. 2) A specific unit should be established to provide assistance and pay attention to the employment of elderly labor and monitor and examine the employment of elderly labor to ensure they receive the fair treatment according to their rights. 3) Natures, types and requirements of the elderly employees’ performance should be studied further.