Be sensible on new foreign labour law: PM

[webfact]

Be sensible on new law: PM
By THE NATION

 

 

NCPO meeting today to decide on delaying migrant labour rule by 120 days

 

BANGKOK: -- IN THE FACE of opposition, the government has made some concessions in an attempt to ease the impact of the controversial foreign labour law. 

 

As well as postponing enforcement of the new law for 120 days, Prime Minister Prayut Chan-o-cha said yesterday that migrant workers with some official documents would be allowed to change jobs and employers during the period, which is retroactive to June 23.

 

The PM also urged authorities to be sensible in taking action. 

 

Prayut will today exercise his powers under Article 44 of the interim charter to delay the introduction of the new law for 120 days. He said the postponement was necessary to ease foreign pressure on human trafficking and other issues. The private sector has also complained about the severe penalties prescribed in the new law.

 

Labour Minister Sirichai Distakul said the delay will suspend enforcement of Sections 101, 102 and 122 of the new foreign labour law which calls for heavy fines and imprisonment, including a fine of Bt400,000 to Bt800,000 per worker if employers are found to have violated the law.

 

Prayut said Thailand has been monitored by the international community regarding its commitment to tackle human trafficking and other cross-border issues, so the government has to enact strong |legislation on migrant workers. 

 

He said Malaysia was also cracking down on illegal foreign workers as Asean member countries have agreed that migrant labourers must be registered before entering another country to work.

 

He said Thailand will no longer allow registration of illegal migrant workers inside the country, so they have to return home to get proper documentation before entering Thailand to work, even though 2 to 3 million migrant workers were previously allowed to be registered domestically.

 

Those who do not have legal documents have to leave to get their official document and may re-enter Thailand to work, while those with some documents, but have changed jobs or employers in Thailand, will have to report the changes to Thai labour offices within the 120-day period, before the new law is enforced strictly.

 

Prayut said the Labour Ministry would ensure that difficulties are minimised during the 120-day period, while acknowledging that Thai industries and many households rely heavily on manpower from neighbouring countries.

 

He advised authorities to take into account the size of the business before imposing a fine. 

 

“Should a street stall selling noodles be fined Bt400,000?” he asked in a speech at the annual National Economic and Social Development Board (NESDB) conference.

 

According to Labour Minister General Sirichai Distakul, about 29,000 migrant workers – especially those from Myanmar and Cambodia – have already returned to their home country due to lack of proper documentation. However, up to 60,000 more workers will re-enter Thailand to work legally under memorandums of understanding signed with neighbouring countries.

 

In Kanchanaburi province, a total of 2,894 migrant workers have left Thailand since June 23, due to the heavy penalties prescribed by the new foreign labour law, which include a fine of up to Bt800,000 per worker if employers are found to have violated the law. 

‘Many have lost their jobs’

 

Samphun Kaitsommart, the chairman of a footwear company in the province, said his factory is not affected because it is located near the Thai-Myanmar border, so about 3,000 Myanmar workers could return home every day after work.

 

Another 3,914 migrant workers from Cambodia, who left Thailand via the Sa Kaew checkpoint, said they had lost jobs in Thailand after the new law was enacted and had no money to pay for passports to return to Thailand to work.

 

Cambodian workers have to travel to Phnom Penh to apply for passports which cost US$110 (Bt3,500) to $210 each depending on the number of processing days. In addition, passports to work in Thailand under the two countries’ bilateral agreement are more expensive and have to be processed via recruitment agencies.

 

In Surin province, about 300 Cambodian workers also left Thailand due to fears of being arrested under the new law, while their former employers were also worried they would face heavy fines if they violated the law.

 

Meanwhile, the secretary-general of the National Economic and Social Development Board, Porametee Vimolsiri, played down any adverse impact on the economy caused by the new law. 

 

“It would be a temporary issue as the government reorganises foreign labour,” he said on the sidelines of the NESDB annual conference. Thailand still needs to import foreign labour or the workforce would start to shrink, said Porametee.

 

As Thailand is becoming an ageing society, the government has a plan for human development, which is essential to drive the country towards an advanced economy in the next 20 years. To become a high-income country, Thailand’s economy must expand at 5 per cent annually. 

 

Myanmar officials in Myawaddy have urged their counterparts across the border in Tak to investigate whether Myanmar workers returning home were being forced to pay bribes on leaving Thailand, according to a source in the Tak provincial administration.

 

The source said on Monday that the governor of Myawaddy had written to Charoenrit Sanguansat, his counterpart in Tak, claiming that Thai officials had demanded bribes from returning migrant workers on the Tak-Mae Sot Road on July 2. 

 

Source: http://www.nationmultimedia.com/news/national/30319804

 

-- © Copyright The Nation 2017-07-04

[Samui Bodoh]

7 minutes ago, webfact said:

The PM also urged authorities to be sensible in taking action. 

 

 

Respectfully, you are the authority that wasn't sensible with this law.

 

Look in the mirror!

[darksidedog]

Sensible would have been giving as notice period before introducing the law. Sensible would have been discussing it with relevant bodies involved with the labour sector, rather than rushing it through with article 44. Sensible would have been allowing the 2-3 million who registered in Thailand to be able to continue to do so, rather than having to go home to fill in a piece of paper. Sensible would have been to properly think through the fine system rather than coming up with a crazy number.

PM has some balls to ask everyone else to be sensible, when his legislation is totally lacking in it.

[YetAnother]

the idea is to actually use intelligence BEFORE enacting a law

[tracker1]

One man law maker we have seen what has happened or not happened before no doubt the same will continue !

[canuckamuck]

It's just a law people, quit taking it so seriously. 

[LazySlipper]

2 hours ago, webfact said:

The private sector has also complained about the severe penalties prescribed in the new law.

 

Seems to me that this is an admission of guilt.

[JonnyF]

So the guys on the ground can decide how to interpret and implement the law.

 

Just decide what is "sensible" on a case by case basis, in other words the more "incentives" you get the more "sensible" you can be. 

Edited July 4, 2017 by JonnyF

[yellowboat]

3 hours ago, webfact said:

. To become a high-income country, Thailand’s economy must expand at 5 per cent annually. 

It is already considered a wealthy country is a ridiculously disproportionate number of poor people.  

 

Enacting  laws improperly could get a government voted out.  The good general's future in competitive politics is sealed.   He does not have one.

[rkidlad]

This is the exact same behaviour of my boss. Asks us to do something that we don't understand. We ask the Thai staff and they don't understand. They won't dare ask her what she meant, and they do what they think they should be doing. The foreign staff say they don't understand. She replies with, "Why do you never listen??". We reply with, "We were listening and it made no sense to us. Please explain in more detail". She gets annoyed and walks off. We continue as normal and the Thai staff get it in the neck for doing it wrong. 

 

I soon learnt to simply smile and nod. Carry on with my work as normal and let my boss go off thinking she's special and important. Sad thing is that I work in a staff of about 15. Heaven forbid my boss was the PM of 65 million. 

 

 

[alant]

The I can't lose face so I will pass the buck and blame the international community for making a right arse of this one.

[Yann55]

4 hours ago, webfact said:

He said the postponement was necessary to ease foreign pressure on human trafficking and other issues.

 

Does this mean what I think it means ?  The problem is 'foreign pressure', not human trafficking ?

 

Either it's bad reporting or the 'man in charge' is seriously losing his screws ... Sadly (and even though I have very little faith in the media) I'm inclined to think it's the latter ...

Edited July 4, 2017 by Yann55

[Lupatria]

4 hours ago, webfact said:

The PM also urged authorities to be sensible

...and don't forget! These words came from the guru of sensibility.

[williamgeorgeallen]

could build a wall to keep them out. still waiting to see how that is going to work in the states.

[hansnl]

3 hours ago, darksidedog said:

Sensible would have been giving as notice period before introducing the law. Sensible would have been discussing it with relevant bodies involved with the labour sector, rather than rushing it through with article 44. Sensible would have been allowing the 2-3 million who registered in Thailand to be able to continue to do so, rather than having to go home to fill in a piece of paper. Sensible would have been to properly think through the fine system rather than coming up with a crazy number.

PM has some balls to ask everyone else to be sensible, when his legislation is totally lacking in it.

Sensible?

It certainly would be sensible not to bow for employers that hire, illegally, non Thai workers just for not wanting to pay the minimum wage.

[clockman]

Typical Thai reaction. Should engage brain, before opening mouth!

[Searat7]

I thought they fixed the problem with Cambodia about a year ago and I remember Cambodian authorities making passports and documentation affordable at that time....and then the workers returned with passports .I guess that fix did not last long and with all the corrupt officials in Thailand this new legislation will just become a cash cow for them.

[ba ba]

In another news outlet it stats that the CPF group were doing the right thing so if all the other company done the right thing, but no that word comes to mined starts with C

[anon789561]

44 minutes ago, Searat7 said:

I thought they fixed the problem with Cambodia about a year ago and I remember Cambodian authorities making passports and documentation affordable at that time....and then the workers returned with passports .I guess that fix did not last long and with all the corrupt officials in Thailand this new legislation will just become a cash cow for them.

yup

[Srikcir]

5 hours ago, webfact said:

Thai industries and many households rely heavily on manpower from neighbouring countries.

But the Thai government didn't bother to coordinate the proposed laws with neighboring countries before passing them to confirm the viability of the proposed laws from the viewpoint of the migrants. Case in point:

"Thailand will no longer allow registration of illegal migrant workers inside the country, so they have to return home to get proper documentation before entering Thailand to work, even though 2 to 3 million migrant workers were previously allowed to be registered domestically."

 

Just plain irresponsible lack of oversight and planning by the Thai government that is too used to being dictatorial in its decision-making process.

 

[anon789561]

3 minutes ago, Happy enough said:

yup

what's really cute though is, just how blatant they are about it. they really don't give a shit

[nahkit]

5 hours ago, webfact said:

Cambodian workers have to travel to Phnom Penh to apply for passports which cost US$110 (Bt3,500) to $210 each depending on the number of processing days. In addition, passports to work in Thailand under the two countries’ bilateral agreement are more expensive and have to be processed via recruitment agencies.

Sounds like a nice little earner for the recruitment agencies.

[worgeordie]

Too late, the workers are leaving,now try and  find Thai's to do the

hard graft,for low pay the migrants were doing.

regards worgeordie

[Knocker33]

Sensible!! In Thailand.

He is joking of course.

Another postponed law and will probably be another U-turn

Thailand's new hub.

The hub of U-turns .

For a country that hates losing face, the really seem quite good at it.

Edited July 4, 2017 by Knocker33

[Surasak]

Laws enacted all in a rush and no serious thought. What a surprise!

[Surasak]

1 minute ago, Knocker33 said:

Sensible!! In Thailand.

He is joking of course.

Another postponed law and will probably another U-turn

Thailand's new hub.

The hub of U-turns 

In more ways than one.

[natway09]

The damage is already done Sir.

Why are you not paying attention to what your so called Government is doing without considering the consequences 

before you enact laws such as this.

Your staff in the Immigration , police & army are rubbing their hands in glee,,,,, more for me.

Stupid non thought through action

[metisdead]

Referring to Thailand or the government as a dictatorship, military dictatorship or other such terms will be removed.

[JAG]

I recall reading in several different sources that within South East Asia the Thais, or more particularly those who run/rule Thailand are rather disliked. I think I understand why.