Taking timecards out of company premises not a crime: court

By The Nation

 

Photo from: Andyhall's twitter

 

A case against two Myanmar migrant workers and a rights advocate was dropped after a court found they had only taken their time cards from their employer’s premises to substantiate claims of labour abuse.

 

Thammakaset Company Limited, which runs chicken farms, took Ye ye and Soe Yong along with Migrant Worker Rights Network (MWRN) officer Suthasinee Kaewleklai to court after learning they had taken the company’s timecards off the premises without permission. 

 

The timecards had been presented to the Lop Buri labour inspector as evidence of alleged labour abuse. The workers claim they were made to work beyond the eight hours they were being paid for. 

 

Suthasinee also posted a photo of the timecard on social media to rally support.

 

Last Friday, Lop Buri Provincial Court resolved that the workers had no ill intentions and had only taken the timecards to present as evidence, so their action did not fall into the criminal definition of theft. The court added that the original card had in no way been altered or amended. 

 

The court also reminded the farm owner that he is required by law to present the timecards to the labour inspector anyway. 

 

No grounds were found for the case against Suthasinee either. 

 

Though she was pleased with the court’s decision, Suthasinee said she was still worried about employers making legal threats. 

 

“I am concerned that other companies will follow suit and use criminal prosecution to harass workers and labour rights activists,” she said. 

 

She was also worried that more workers will be caught up in time-consuming lawsuits.

 

Sutharee Wannasiri, a Thailand human rights specialist with Fortify Rights, said: “Thailand’s initiatives to promote and implement the UN Guiding Principles on Business and Human Rights are undermined when businesses continue to bring unwarranted criminal prosecutions against workers or human rights defenders who report alleged abuse.

 

 “Thai authorities and national institutions, including the National Human Rights Commission of Thailand, should put in place laws and policies to prevent retaliatory moves to silence workers and human rights advocates,” she said.

 

Source: http://www.nationmultimedia.com/detail/national/30353633

 

-- © Copyright The Nation 2018-9-3

Not sure that the court got this correct as they did steal the property of the company.

I make no inference about their labour dispute.

15 minutes ago, DoctorG said:

Not sure that the court got this correct as they did steal the property of the company.

I make no inference about their labour dispute.

Technically ,yes, but the Court showed common sense,for a change,

and knew what the company was trying to do to,by bringing the case

to court.

regards worgeordie

14 hours ago, snoop1130 said:

“Thai authorities and national institutions, including the National Human Rights Commission of Thailand, should put in place laws and policies to prevent retaliatory moves to silence workers and human rights advocates,” she said.

 

Like many other laws here, it is no use placing new ones if they are not policed.

It is up to the relevant Thai authorities to get of their collective a****,  and actually visit companies to ensure workers rights are being upheld.

15 hours ago, DoctorG said:

Not sure that the court got this correct as they did steal the property of the company.

I make no inference about their labour dispute.

There is a lot of nuance in this case, and the judge made the correct decision by taking into consideration the intent.

If your company has letters normally picked up by the postman, but I walk them to the post office instead, did I steal those letters?

As the judge stated, the farm owner would be required to present the timecards to the labor inspector anyway.

This is why we have judges and juries.