Strict laws put squeeze on migrants

Strict laws put squeeze on migrants

Making a living is tough for foreigners amid prohibitive labour rules.

The most recent case involving migrant workers came to light last week when a lawsuit was filed against chicken giant CP for encouraging slave-like conditions on contract farms. (Photo by Apichart Jinakul)
The most recent case involving migrant workers came to light last week when a lawsuit was filed against chicken giant CP for encouraging slave-like conditions on contract farms. (Photo by Apichart Jinakul)

Living in Thailand as a migrant can be tough. But the lives of migrants who work illegally in industries exclusively reserved for Thais can be even tougher.

Myanmar migrant Moe, a food vendor, lives through such hardship. She is one of many migrants in the government's crosshairs, prohibited from doing certain jobs in Thailand.

The Ministry of Labour has been cracking down on migrant workers who take jobs that are off-limits to them under the Alien Employment Act. This applies to migrant traders, shop assistants, hairdressers, carpenters, construction workers, wood carvers, cloth weavers, dressmakers, tour guides and pottery makers.

Ms Moe, 54, who lives in Samut Sakhon, became a food seller in the local market after she quit her job in a factory upon being told by a doctor that she has a heart problem.

She now rents a small building from a landlord at 10,000 baht a month for living in and cooking food, mostly Myanmar dishes, for sale to fellow workers in her community.

"I became too weak to work in the factory," Ms Moe said, adding that she had endured a strenuous job at the factory for more than 10 years.

"Workers work hard to feed their families here in Thailand and send money back home," she said.

Ms Moe said she knows that selling food comes under trading, a profession migrants are barred from doing. However, her deteriorating health has left her no choice but to take the risk.

"I struggle to pay the rent. And I have to hide when authorities are out making inspections," she said. Her stall is currently closed since authorities raided the community and discovered her business. However, she managed to close the stall and evade arrest.

"I do not think I'm stealing jobs from Thais; I cook Myanmar food for sale -- something that Thai people don't usually do."

A Thai man who owns a vegetable stall in the same market said migrant workers prefer to shop at stalls run by their fellow countrymen, who offer more competitive prices.

Arak Prommanee, director-general of the Department of Employment, said his department has conducted inspections in several areas in Bangkok and the provinces to clamp down on migrants taking up professions that are off-limits.

Such offenders include Vietnamese, followed by Cambodians and Lao, Mr Arak said. He added that most migrants run small businesses, such as hawking food and household items in pushcarts or selling their wares from pickup trucks travelling through communities.

Some migrants who were arrested claimed they paid bribes to authorities every month to carry on with their business, he said.

Their carts and trucks bear stickers that signify they have paid a bribe and should not be stopped by authorities.

Migrants who break the Alien Employment Act face a maximum jail term of five years and a fine of up to 100,000 baht or both, according to Mr Arak.

According to ML Boontarik Smithi, labour permanent secretary, a total of 2,419 migrants were arrested between January and August for doing prohibited work. Of them, 1,252 were Myanmar nationals, 620 were Cambodian, 196 from Laos, and 351 Vietnamese and Chinese nationals.

Meanwhile, the Office of the National Economic and Social Development Board (NESDB) released data showing a breakdown of the number of migrant workers engaged in small, informal trading.

Of them, 20% owned stalls in fresh markets, 9% ran stalls in community markets, 6% ran stalls in supermarkets and about 2% at weekend markets, according to a survey between May and June by the NESDB.

The study was carried out at markets and supermarkets in Samut Prakan, Samut Sakhon, Chiang Mai, Nakhon Ratchasima, Nong Khai, Chon Buri and Songkhla, which are provinces with high concentrations of migrants.

The study also found that Thai and migrant vendors are largely unaware of the work ban.

According to the law, virtually all restaurant jobs including chef and waiter, are reserved for Thais, but that law is frequently ignored.(Photo by Penchan Charoensuthipan)

ML Boontarik said despite the law, migrants benefit the national economy by promoting trade and contributing to the labour market.

However, he added that migrants, unable to work and feeling disaffected, sometimes resort to crime.

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