New Regulations On Maids And Child Labour Finally Announced: Thailand

[webfact]

New regulations on maids and child labour finally announced

THAMMARAT KIJCHALONG

THE NATION

BANGKOK: -- The number of days is part of a new regulation under the Labour Protection Act 1998, Department of Welfare and Labour Protection (DWLP) chief Pakorn Amornchewin said yesterday.

The regulation, in effect since November 9, gave housemaids, excluding those at cleaning firms, seven additional rights. These are:

- at least one day off per week;

- at least 13 traditional holidays including Labour Day (and to take a day en lieu later if the holiday is the same day as the maid's weekly day off);

- maids with over a year's service to get at least six days leave a year;

- it also allowed maids to have sick leave as needed (three in a row requires a medical certificate);

- employers were also required to directly pay wages to maids under 18;

- employers must also pay wages for maids who work on holidays;

- and maids were entitled to up to 30 paid sick days.

Pakorn warned that employers who fail to pay holiday wages could face up to six months in jail and/or a fine up to Bt100,000, while those who fail to allow a day off each week or pay wages for maids on sick leave would face a Bt12,000 fine.

Bundit Paenwiset from the Friends of Women Foundation said he agreed with the seven extra welfare rights. But he wanted the government to push for maids to be protected directly by the Labour Protection Act rather than issuing a regulation one-by-one for them. That was because housemaids still had no bargaining power against their employers, while information on maids in Thailand remained unclear, so it was difficult to investigate problems.

He estimated there were about 200,000 migrant housemaids.

But the National Statistics Office reported that in June there were 4.42 million maids in Thailand.

Surapong Kongchantuk, from the Human Rights Committee of the Lawyers' Council, said that despite additional rights, maids still faced problems over low payment, the hours they work each day, plus errands on days off. So, Thailand could still be viewed as violating human rights and this could affect international trade and relations.

In related news, Labour Minister Phadermchai Sasomsab said on November 9 he signed the national committee's announcement to eradicate the worst forms of child labour, as per ratification by Thailand - on February 16, 2001 - of the International Labour Organisation (ILO) convention number 182 on the Worst Forms of Child Labour. The announcement prohibits minors under 18 doing dangerous jobs such as metal melting, ground drilling, or work that exposed them to hazardous chemicals or manufacturing explosive items, fireworks, as well as jobs in unsafe environments such as fishing boats, frozen food rooms, underground or in caves.

-- The Nation 2012-11-14

[chrisinth]

Wonder how that works for the illegals doing the maid jobs?

No difference there I would imagine. It would be an interesting statistic to see, legal v illegal...............

[arthurboy]

Another raft of legislation, rules and regulations. Great in principle.

Enforcement anyone?

Don't hold your breath.

[MonsterP]

So many maids yet its not easy to find one part time. Views on wage levels vary hugely...

[Baloo22]

Wonder if these new regulation will be enforced upon all employers of maids? Or only the foreigners that employ maids? How many hi-so Thai will bother following this at all?

Edited November 14, 2012 by Baloo22

[monty]

Sounds fair to me, apart from the weird rules on sick leave.

Basically 15 two-day paid sick leaves can be taken per year, without the need for any piece of paper.

No paper needed means it's just paid holidays.

Where is the employer protected here? Can he send over a control doctor?

I'd rather see them get a 5 day working week, and get rid if a sick leave system wide open to abuse.

Sent from my GT-I9001 using Thaivisa Connect App

[asiawatcher]

The latest BS Govt populist policy to come into force in January is the 300 Baht a day minimum wage. Already we have changed two sets of maids over this. Ok, will agree, but now will deduct living costs, food and board, etc. Back to what they get today. As for the illegals, I don't mind concurring with these new 'rules' but the maids better have their own papers and they need to fund that themselves. If they can't, nothing changes from today so they may as well drop the whole 'legislation' and let it just move on...

We offer our maids days off, they simply don't take them. They get time to go see parents and their babies as often as they want, no issue our side. We buy them clothes and take them with us when we travel, they get it easy and they get good food. I think a lot of this comes down to expats usually treat them with compassion, but the Thai's really need a lesson - all are born equal, but we cannot choose our circumstances. I don't need these 'rules' to know how to treat people but I am sure some do, which of course, will only cause bitterness and perhaps mistreatment of the maids.

[DocN]

The latest BS Govt populist policy to come into force in January is the 300 Baht a day minimum wage. Already we have changed two sets of maids over this. Ok, will agree, but now will deduct living costs, food and board, etc. Back to what they get today. As for the illegals, I don't mind concurring with these new 'rules' but the maids better have their own papers and they need to fund that themselves. If they can't, nothing changes from today so they may as well drop the whole 'legislation' and let it just move on...

We offer our maids days off, they simply don't take them. They get time to go see parents and their babies as often as they want, no issue our side. We buy them clothes and take them with us when we travel, they get it easy and they get good food. I think a lot of this comes down to expats usually treat them with compassion, but the Thai's really need a lesson - all are born equal, but we cannot choose our circumstances. I don't need these 'rules' to know how to treat people but I am sure some do, which of course, will only cause bitterness and perhaps mistreatment of the maids.

The latest BS Govt populist policy to come into force in January is the 300 Baht a day minimum wage. Already we have changed two sets of maids over this. Ok, will agree, but now will deduct living costs, food and board, etc. Back to what they get today. As for the illegals, I don't mind concurring with these new 'rules' but the maids better have their own papers and they need to fund that themselves. If they can't, nothing changes from today so they may as well drop the whole 'legislation' and let it just move on...

We offer our maids days off, they simply don't take them. They get time to go see parents and their babies as often as they want, no issue our side. We buy them clothes and take them with us when we travel, they get it easy and they get good food. I think a lot of this comes down to expats usually treat them with compassion, but the Thai's really need a lesson - all are born equal, but we cannot choose our circumstances. I don't need these 'rules' to know how to treat people but I am sure some do, which of course, will only cause bitterness and perhaps mistreatment of the maids.

Real humanitarian, aren't you!

Rich enough to have "sets" of maids, but not rich enough to pay them an honest wage?

What about taking care of your palace by yourself and see, if you would like to do all that work for under 300 baht!

[hellodolly]

Sounds fair to me, apart from the weird rules on sick leave.

Basically 15 two-day paid sick leaves can be taken per year, without the need for any piece of paper.

No paper needed means it's just paid holidays.

Where is the employer protected here? Can he send over a control doctor?

I'd rather see them get a 5 day working week, and get rid if a sick leave system wide open to abuse.

Sent from my GT-I9001 using Thaivisa Connect App

And the current system is not wide open to abuse of all kinds and you worry about one type of abuse in remiding the whole thing.

[noitom]

The latest BS Govt populist policy to come into force in January is the 300 Baht a day minimum wage. Already we have changed two sets of maids over this. Ok, will agree, but now will deduct living costs, food and board, etc. Back to what they get today. As for the illegals, I don't mind concurring with these new 'rules' but the maids better have their own papers and they need to fund that themselves. If they can't, nothing changes from today so they may as well drop the whole 'legislation' and let it just move on...

We offer our maids days off, they simply don't take them. They get time to go see parents and their babies as often as they want, no issue our side. We buy them clothes and take them with us when we travel, they get it easy and they get good food. I think a lot of this comes down to expats usually treat them with compassion, but the Thai's really need a lesson - all are born equal, but we cannot choose our circumstances. I don't need these 'rules' to know how to treat people but I am sure some do, which of course, will only cause bitterness and perhaps mistreatment of the maids.

The latest BS Govt populist policy to come into force in January is the 300 Baht a day minimum wage. Already we have changed two sets of maids over this. Ok, will agree, but now will deduct living costs, food and board, etc. Back to what they get today. As for the illegals, I don't mind concurring with these new 'rules' but the maids better have their own papers and they need to fund that themselves. If they can't, nothing changes from today so they may as well drop the whole 'legislation' and let it just move on...

We offer our maids days off, they simply don't take them. They get time to go see parents and their babies as often as they want, no issue our side. We buy them clothes and take them with us when we travel, they get it easy and they get good food. I think a lot of this comes down to expats usually treat them with compassion, but the Thai's really need a lesson - all are born equal, but we cannot choose our circumstances. I don't need these 'rules' to know how to treat people but I am sure some do, which of course, will only cause bitterness and perhaps mistreatment of the maids.

Real humanitarian, aren't you!

Rich enough to have "sets" of maids, but not rich enough to pay them an honest wage?

What about taking care of your palace by yourself and see, if you would like to do all that work for under 300 baht!

Asiawatcher makes a good point in that the treatment of housekeepers by Thais is appalling and the higher up the food chain you go the worse they behave.It's often difficult to resist temptation to speak out when witnessing this arrogant "pecking order" dominance by Thais of their loyal housekeepers.

[JurgenG]

The latest BS Govt populist policy to come into force in January is the 300 Baht a day minimum wage. Already we have changed two sets of maids over this. Ok, will agree, but now will deduct living costs, food and board, etc. Back to what they get today. As for the illegals, I don't mind concurring with these new 'rules' but the maids better have their own papers and they need to fund that themselves. If they can't, nothing changes from today so they may as well drop the whole 'legislation' and let it just move on...

We offer our maids days off, they simply don't take them. They get time to go see parents and their babies as often as they want, no issue our side. We buy them clothes and take them with us when we travel, they get it easy and they get good food. I think a lot of this comes down to expats usually treat them with compassion, but the Thai's really need a lesson - all are born equal, but we cannot choose our circumstances. I don't need these 'rules' to know how to treat people but I am sure some do, which of course, will only cause bitterness and perhaps mistreatment of the maids.

Real humanitarian, aren't you!

Rich enough to have "sets" of maids, but not rich enough to pay them an honest wage?

What about taking care of your palace by yourself and see, if you would like to do all that work for under 300 baht!

And you forget the ugly racist overtone. " I (westerner) don't need these "rules" to know how to treat people " "but the Thai's really need a lesson".

I personally think some people need to learn that the good time of the colonies is over, slavery has been abolished and that a "good master" doesn't and never has existed.

[JurgenG]

Asiawatcher makes a good point in that the treatment of housekeepers by Thais is appalling and the higher up the food chain you go the worse they behave.It's often difficult to resist temptation to speak out when witnessing this arrogant "pecking order" dominance by Thais of their loyal housekeepers.

And how do you know that ? In which circumstance have you lately witnessed "this arrogant "pecking order" dominance by Thais of their loyal housekeepers."

For me, it would be quite easy without quitting this forum to show you the arrogant attitude of a number of foreigners toward their friendly hosts.

[Stradavarius37]

Long overdue - but the fact that it was needed shows how many in this country treat their maids to begin with. Sad.

[Pib]

He estimated there were about 200,000 migrant housemaids.

But the National Statistics Office reported that in June there were 4.42 million maids in Thailand.

I'm sure all the house girls in Thailand are rejoicing today....they can just hand this Nation article to their employers and their benefits and working conditions will be improved immediately because we all know Thai's (and farangs) comply with all labor regulations/laws and govt agencies/police enforce all such regulations/laws. But I expect there is plenty of vagueness and fine-print in the regulation which will make it pretty much toothless, but give the employers and govt cover when maids file complaints.

[JurgenG]

Now back to the subject at hand.

For people involved in buying in Asia, one of the most important thing nowaday when choosing a new supplier is social compliance. And here I can stay that Thailand is lagging behind China.

I've visited a number of small and medium factories in Thailand and while the products they make are of acceptable quality, the working condition would never pass any international social compliance inspection.

[bushwacker]

30 days paid sick leave a year seems way over the top! Talk about moving from one extreme (no legislation) to the other.

[harrry]

Would me more help to let them enter the social security sysem like most employees.

[lopburi3]

30 days paid sick leave a year seems way over the top! Talk about moving from one extreme (no legislation) to the other.

I suspect this may be a publication/type error and the correct figure is 3 days?

[Thai at Heart]

30 days paid sick leave a year seems way over the top! Talk about moving from one extreme (no legislation) to the other.

I suspect this may be a publication/type error and the correct figure is 3 days?

No, 30 is entirely possible. can't remember what standard law is, but it is considerably more that 3.

[Thailion]

30 days paid sick leave is standard for workers in Thai

Edited November 14, 2012 by Thailion

[Fozfromoz]

I can't understand why people just can't get off their arse and clean their own house.

[Ragzilb]

Looks like a good idea, about the same in Denmark but with way more holidays, for the maid, and not so strict rules about sickness. Then again; the road to hell is made from good intentions.

[Pib]

30 days paid sick leave is standard for workers in Thai

I expect it comes with fine print in terms of needing doctor/hospital certificates, maybe the first few days of a sickness not covered, etc. And it seems from what I've read Thai labor laws are still very much stacked in the employers favor which makes it very easy to let a person go for little to no reason (unexplained reasons like being sick too much).

[loong]

I can't understand why people just can't get off their arse and clean their own house.

So you would like to see nearly 4 and a half million people lose their income??

National Statistics Office reported that in June there were 4.42 million maids in Thailand.

[Thai at Heart]

30 days paid sick leave is standard for workers in Thai

I expect it comes with fine print in terms of needing doctor/hospital certificates, maybe the first few days of a sickness not covered, etc. And it seems from what I've read Thai labor laws are still very much stacked in the employers favor which makes it very easy to let a person go for little to no reason (unexplained reasons like being sick too much).

In a factory environment, workers know their rights quite well.

[Mobi]

Long overdue - but the fact that it was needed shows how many in this country treat their maids to begin with. Sad.

Agreed.

I haven't employed a maid for a number of years now, but when I did - and at one time I actually had three - I pretty much complied with all the 'new' rules that have just been announced. It just seemed that I was adopting the principles of basic human rights and decent, fair working conditions.

Yes, I know It's easy to say that us farangs are 'soft' with our servants, but I'd rather be called ' soft' than be an abusive bully that treats domestic staff like animals.

[asiawatcher]

The latest BS Govt populist policy to come into force in January is the 300 Baht a day minimum wage. Already we have changed two sets of maids over this. Ok, will agree, but now will deduct living costs, food and board, etc. Back to what they get today. As for the illegals, I don't mind concurring with these new 'rules' but the maids better have their own papers and they need to fund that themselves. If they can't, nothing changes from today so they may as well drop the whole 'legislation' and let it just move on...

We offer our maids days off, they simply don't take them. They get time to go see parents and their babies as often as they want, no issue our side. We buy them clothes and take them with us when we travel, they get it easy and they get good food. I think a lot of this comes down to expats usually treat them with compassion, but the Thai's really need a lesson - all are born equal, but we cannot choose our circumstances. I don't need these 'rules' to know how to treat people but I am sure some do, which of course, will only cause bitterness and perhaps mistreatment of the maids.

The latest BS Govt populist policy to come into force in January is the 300 Baht a day minimum wage. Already we have changed two sets of maids over this. Ok, will agree, but now will deduct living costs, food and board, etc. Back to what they get today. As for the illegals, I don't mind concurring with these new 'rules' but the maids better have their own papers and they need to fund that themselves. If they can't, nothing changes from today so they may as well drop the whole 'legislation' and let it just move on...

We offer our maids days off, they simply don't take them. They get time to go see parents and their babies as often as they want, no issue our side. We buy them clothes and take them with us when we travel, they get it easy and they get good food. I think a lot of this comes down to expats usually treat them with compassion, but the Thai's really need a lesson - all are born equal, but we cannot choose our circumstances. I don't need these 'rules' to know how to treat people but I am sure some do, which of course, will only cause bitterness and perhaps mistreatment of the maids.

Real humanitarian, aren't you!

Rich enough to have "sets" of maids, but not rich enough to pay them an honest wage?

What about taking care of your palace by yourself and see, if you would like to do all that work for under 300 baht!

Jeez Doc don't take it so personal. What I pay my maids is well above the going rate by the time we add the things they need most including their mobile phones. We also bank for them, transfers to their folks back in Burma, I doubt 'any' farang like yourself would not know anything about. We provide them with clothing and also give them DVD's to watch on their own TV sets as well as medical etc. Considering the Thai's pay opening salary for cops at 7,000 Baht a month and they have to buy their own guns, and I am paying above that - so where are you coming from? Some rich country where minimum salary is USD10 an hour or social security keeps all the populace not wanting to work? Get off your bike mate...

Edited November 14, 2012 by asiawatcher

[Familyonthemove]

Would be great to see the Child Labour laws applied to the use of babies and toddlers for begging. No chance I know .... but that must be the most blatant use of child labour. There's a lady sits next to Asoke BTS, and she has different kids each month (and always has puppies that never seem to grow up). We see this practice throughout Bangkok (and rest of Asia) and it's really forced child labour, trafficking and animal cruelty all run by the local mafia.

For the Maids - good to set a standard that good employers can aim for, even if enforcement will be limited.

[Fozfromoz]

I can't understand why people just can't get off their arse and clean their own house.

So you would like to see nearly 4 and a half million people lose their income??

National Statistics Office reported that in June there were 4.42 million maids in Thailand.

People employ maids for the purpose of keeping the unemployment rate down? Lived in Asia for 7 Years and never needed one.

[loong]

I can't understand why people just can't get off their arse and clean their own house.

So you would like to see nearly 4 and a half million people lose their income??

National Statistics Office reported that in June there were 4.42 million maids in Thailand.

People employ maids for the purpose of keeping the unemployment rate down? Lived in Asia for 7 Years and never needed one.

I've never needed a maid either.

I've never needed a gardner but don't make stupid comments like "Everyone should get off their asses and do their own gardening and grow their own vegetables"