การละเมิดสิทธิแรงงานของแรงงานต่างด้าว ในอำเภอเมือง แม่ฮ่องสอน

Abstract

This study has 3 objectives: 1. Examine violation against rights of alien labors in Mueang District, Mae Hong Son Province 2. Examine barriers obstructing alien labors from receiving profits in accordance with labor rights and 3. Suggest appropriate measures to prevent and solve the problem of violation against rights of alien labors. The information used in this study was obtained from researches, documents, policies, textbooks, announcements, articles, and news from universities and relevant government agencies. Importantly, the data was collected from the field based on determined framework by conducting interview on 3 target groups, including alien labors, employees and business owners, and officers related to alien labors, totally 28 persons, and observation during field study. The research discovered violations against rights of alien labors, for example: 1. Compensation: Alien labors in Mueang District, Mae Hong Son Province receive wage 10 – 20% lower than Thai labors depending on type of business. 2. Welfare: Some alien labors working at small workplaces, such as working as housekeeper, work for more than 8 hours a day without overtime pay and benefit. Moreover, some workplaces put workers at risk of infection without providing protective equipment, such as construction, and janitor in the hospital. 3. Work permit: It was found that registration fee was too expensive. However, in Mueang District, Mae Hong Son Province, there was no case from observation that alien labors’ work permit was seized by their employees to prevent their escape. 4. Violence due to Thai nationalism: In the case of Mueang District, Mae Hong Son Province, it was found that most alien labors were able to work and live with Thais. There was no conflict since Mae Hong Son people and alien labors have similar culture and language. Thai government’s mechanisms and policies related to alien labors comply with human rights and labor rights. The responders, who were officers related to alien labors, and alien labors agreed that the alien labor protection law is generally good policy. However, it was not practical. Alien labors are not able to access their rights truly.