Labour Inspection

in hard to reach and vulnerable sectors

Wilaiwan.k Department of Labour Protection and Welfare

(DLPW), Ministry of Labour

Theme 1: Promotion of fair and appropriate employment protection, payment of wages, and

adequate access to decent working and living

conditions for migrant workers

7 th

ASEAN FORUM ON MIGRANT LABOUR,

20-21 NOV. 2014 , Nay Pyi Taw, Myanmar

Government’s Policy

• Strong political will

• In tackling forced labor and human trafficking as one of Govt.’s

Top Priority Issues

• Integrated issues of Migrant worker for more systematic and

integrated manner

• Illegal status of migrant workers => vulnerable => possible

exploitation

• Hence, systematic registration :

- To prevent them from exploitation

- To better monitor & ensure decent working conditions and

appropriate protection

5Ps Approach

to ensure the protection of the rights of migrant workers

The Department of Labour Protection and Welfare

1.Policy 2. Prevention

3. Protection

4. Prosecution 5. Partnership

P1.Policy: Non -discrimination

Non Non Non Non –––– Discrimination Principle Discrimination Principle Discrimination Principle Discrimination Principle ““““Equality and Fairness without discriminationEquality and Fairness without discriminationEquality and Fairness without discriminationEquality and Fairness without discrimination””””

RegardlessRegardlessRegardlessRegardless of of of of nationalitynationalitynationalitynationality and and and and legal status of workers legal status of workers legal status of workers legal status of workers , , , , all all all all

are ensured that their are ensured that their are ensured that their are ensured that their labourlabourlabourlabour rights are protected without rights are protected without rights are protected without rights are protected without discriminationdiscriminationdiscriminationdiscrimination

(Thais , Documented , Undocumented Worker (Thais , Documented , Undocumented Worker (Thais , Documented , Undocumented Worker (Thais , Documented , Undocumented Worker are equal protected)are equal protected)are equal protected)are equal protected)

LabourLabourLabourLabour Rights: Minimum Wages ,working hours, rest Rights: Minimum Wages ,working hours, rest Rights: Minimum Wages ,working hours, rest Rights: Minimum Wages ,working hours, rest time, weekly day off, traditional and annual holidays, time, weekly day off, traditional and annual holidays, time, weekly day off, traditional and annual holidays, time, weekly day off, traditional and annual holidays, compensation, compensation, compensation, compensation,

Policy : Labour Protection Act B.E. 2541 (1998)

�STREGTHEN LABOUR INSPECTION, ESPECIALLY ON FISHING BOATS AND

IN HIGH-RISK WORKPLACES

�ENHANCE INTEGRATED DATABASE : LABOUR IN FISHERY INDUSTRY AND

FISHING VESSELS

�REVISE LAWS

�CONTINUE SYSTEMATIC REGISTRATION & NV

�FOLLOW UP ON IMPLEMENTATION OF GLP

�RAISE AWARENESS

�CAPACITY BUILDING OF MULTI-DISCIPLINARY TEAM

P 2 PREVENTIONP 2 PREVENTIONP 2 PREVENTIONP 2 PREVENTION

PREVENTIONPREVENTIONPREVENTIONPREVENTION

P 2 Prevention : Labour Inspection

• Prioritizing Labour Inspection where large number of MWs Employed

Targeting SectorsTargeting SectorsTargeting SectorsTargeting Sectors

• Small Factories (Small Factories (Small Factories (Small Factories (worker worker worker worker 1111----45 45 45 45 persons), persons), persons), persons), • SSSShrimp and seafoodhrimp and seafoodhrimp and seafoodhrimp and seafood processing supply chain processing supply chain processing supply chain processing supply chain

• GGGGarmentarmentarmentarment,,,, Sugar Crane Sugar Crane Sugar Crane Sugar Crane • Fishing boatFishing boatFishing boatFishing boat,

• Strengthen Labour Inspection on Child labour , Forced labour,

Trafficking to cover hard to reach sectors and vulnerable groups

of workers

Ministerial Regulation (No.10) (1998) on Sea Fisheries Ministerial Regulation (No.10) (1998) on Sea Fisheries Ministerial Regulation (No.10) (1998) on Sea Fisheries Ministerial Regulation (No.10) (1998) on Sea Fisheries Workers Protection Workers Protection Workers Protection Workers Protection

• Applicable only to a fishing vessel employs 20 workers +

and operates in Thailand or outside the country for a period

of less than a year.

• Minimum age = 16 years of age

• Record keeping/Payroll records/Lodging a complaint payment,

annual holiday Sick leave, Remuneration of stranded workers in a

foreign port, Repatriation)

Under Labour Protection Act B.E. 2541 (1998)

����applied to fishing vessels with at least one worker that

operates outside the border of the Kingdom without time limit

����Minimum age = 18 years of age +

���� Written Employment Contract with their migrant

language/Once a year bring workers report to Labour

Inspector.

����Wages paid : at least once/month,

����Restime: at least 10 hrs/24 hrs. etc.

����Ete…

(underway: process of submitting to the cabinet, Minister for Labour to sign)

New drafted : Ministerial Regulation on sea fishery worker

protection : To ensure fishers are better protected

DLPW/ILO TRIANGLE : Training Module for Labour

Inspection : Reaching Vulnerable worker and hard to reach

in fishery sectors

• Experiences LabourInspectors of 22 Coastal Province

• 30 Person / batch 4 batch Totally 110 Persons

Training Module

M. 1 Review Attitude s of Labour Inspector & Understand vulnerable workers

, Role of Labour Inspector

M. 2 Working Condition of Fishing boat , Situation of Labour Abused in Fishing

Sectors

M. 3 International Law and National Law related child labour , Forced Labour

Trafficking/ Role of Networking ,Multi disciplinary Agencies on labour trafficking

M 4 Case study analysis & gathering indicators of Labour abused

Criminal process cases of Labour abused and Human Trafficking / Analysis tools

Of vulnerable workers Inspection

M 4 Group work : Practices fisheries inspection, and review follow up plan of

fisheries Inspection

Related agencies protection mandate on fishery

• Labour Inspection

Labour Protection : Inspection

Regular Inspection

Multi-disciplinary Team

Inspection by Royal Thai Navy agency

DLPW Regular Inspection

Written EmploymentContract/

Employee Rrecords /payment Record,

ect.

• Set up : 22 coastal provincial Multi – Disciplinary Inspection

• Operation Team: MOL/ Marine Police/ DSI /Fisheries Dept. etc.

Multi-disciplinary team inspection

Navy authority Marine police as Labour

Inspectors

((((ภาพจาก ภาพจาก ภาพจาก ภาพจาก FB FB FB FB ของกองบงัคบัของกองบงัคบัของกองบงัคบัของกองบงัคบัการตาํรวจนํ้าการตาํรวจนํ้าการตาํรวจนํ้าการตาํรวจนํ้า))))

MOL assigned marine police ,

Navy authority do inspect as

a labour Inspector on foreced

labour and trafficking on board fishing boat

Inspection forcus on child labour

& Forced Labour

Child labour NonNonNonNon----discrimiantion discrimiantion discrimiantion discrimiantion

No violence/Threat

en

Debt Debt Debt Debt bondage bondage bondage bondage /forced /forced /forced /forced Labour Labour Labour Labour

OSH

No Compulsory No Compulsory No Compulsory No Compulsory OverOverOverOver timetimetimetime

Rest Time / Rest Time / Rest Time / Rest Time / holidays holidays holidays holidays

Wages /salary

Written Employment

Contract of Fishing boat

with migrant languages

Inspection : Fishing boat

Identity

Document

Development of Integrated Database forFishing Vessels ’ Inspection (2)

Initial Information Initial Information set up

• DOF/Marine Dept.

• fishing vessels

• fishing gears/licenses

• vessel owners

• DOPA (OSS)

• migrant fishing workers

• employers (i.e.owners)

Inputs after joint inspection

• MOL(DLPW/DOE)

• legality of (migrant) workers

• employment

• working conditions (no forced labour, human trafficking)

• Navy/Marine Police/ MOL/ DOF/Marine Dept.

• record inspection reults

• prosecution results

Database management system

20

• Joint inspection scheme by 6 agencies: DOF, Marine Dept, Marine police, Navy, MOL (DLPW, DOE) ) by means of Port in –Port out Control

• To inspect legality of fishing operation, labour—migrant workers registration, wages, force labour, trafficking etc./not less than 400 times in the next fiscal year (Oct 2014-Sept 2015)

• To use network of database as a powerful tool for joint inspection in the near future in recording of FVs -- labour database and inspection results

21

5. Joint inspection of fishing vessels and labour in marine fisheries

22

4. Development of Integrated Database forFishing Vessels ’ Inspection (5)

Port in –Port out Control

24

4. Development of Integrated Database forFishing Vessels ’ Inspection (3)

http://www.fisheries.go.th/fishinginfo Employer data

NameID

Address

xxxxxxxxxxxxx

FVs & Fishing operation data

Fishing License DataFishing License Data

Fishing Vessel Registration

FVs & Fishing operation data

Labour data

25

Development of Integrated Database forFishing Vessels ’ Inspection (4)

Port in – Port out Date

Port Departure Date Port Arrival Date

Catch (ton)

Labour data

Migrant Worker ID Namexxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

Port arrival date

Port departure date

Labour Protection : Fishery Sector

Coordinating Center for Fishery Industries

Labour Inspection Database Management

Confidence Building Measures

Complaint Mechanism Law and Regulation Revision

Complaint Mechanism

• Interpreter Available

• Provide necessary Information for migrant

workers

• Assist Migrant worker on their right, Wage,

Social Security and so on, as prescribe by Law

• Transfer case to responsible agencies

12/10/2014 28

2. Prevention : Awareness Raising on Labour Right to MWs with

Migrant languages

Labour Protection :

for fishery Industry

1. Labour Management

2. Fishing Vessel Management

3. Protection of Workers on

Fishing Vessels

4. Inspection, Suppression,

Arrest and Prosecution

5. Assist, Remedy and

Rehabilitation

• Register workers• Create registration Record

• Create Port in – Port Out Registration Record

• Check employment contract• Inspect and protect workers

• Inspect and prosecute ones who do not comply with the law

• Receive complaints, coordinate with agencies• Identify victims

30

Nor single country/ agency can solve the problem

Nor single country/ agency can solve the problem