SEANF Paper on Migrant Workers
109. The SEANF recommends the Government to review restrictions on migrant
workers’ right to movement prohibiting them from leaving outside of the areas
where they are registered to work. The SEANF also recommends the Government
to review the existing restrictions on the right of migrant workers to change
employers, and extend the currently allowed transition period (which is only
seven days, a period of time which is far too brief) for making a change of
employers.
110. The SEANF recommends the Government to provide guarantees for migrant
workers to access the judicial process to seek legal and financial redress,
especially in instances where they allege that their employer had violated the
law. Migrant workers should be permitted to remain and work in Thailand while
their cases are being considered by Government officials and/or the civil
or criminal courts. The SEANF also recommends the Government to provide
legal assistance, and translators proficient in migrant languages, in order to
encourage greater use of the legal system by migrant workers.
111. The SEANF recommends the Government to review articles 88 and 100 of the
Labour Relations Act 1975 which restricts migrant workers’ rights to establish
trade unions and serve as elected union leaders.
112. The SEANF recommends the Government to support the creation and operation
of “social networks” of migrant worker organizations or associations (supported
by Thai trade unions and civil society organizations) which can facilitate efforts
by migrant workers to protect themselves. The Government is also
recommended to support civil society organizations and trade unions to
monitor and highlight abusive employers and places of employment.
113. The SEANF notes that the existing nationality verification process for migrant
workers is too complicated and too expensive for most migrant workers, resulting
in pitfall for the abuse of influences and powers by labour brokers. The SEANF
further observes that the government has recently opened the office in Ranong
province for registration of migrant workers from Myanmar, which is a
welcoming development. Nevertheless, the SEANF recommends the Government
adopt safeguards that allow migrant workers (especially those from Myanmar)
to seek asylum during the period which they cannot participate safely in the
nationality verification process. The SEANF expresses concerns over the safety of
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