S44 to be used to delay new labour law

S44 to be used to delay new labour law

Myanmar workers return to their country after their Thai employers stopped hiring them in Tak province on Friday. (Photo by Rooongviraya Pinitwong)
Myanmar workers return to their country after their Thai employers stopped hiring them in Tak province on Friday. (Photo by Rooongviraya Pinitwong)

Gen Prayut Chan-o-cha will use his special power to delay for four months the enforcement of three sections of the new migrant labour law after it has caused a sudden shortage of labourers, according to Deputy Prime Minister Wissanu Krea-ngam.

The law, with fines ranging from 400,000 to 800,000 baht for business operators employing undocumented foreigners, has created chaos after it took effect last Friday.

Observers noted the legislation had been rushed by the cabinet, which bypassed the National Legislative Assembly and issued it as an executive decree, days before the Trafficking in Persons Report was due to come out. If this was the case, it failed to improve the country's ranking as Thailand's status remained unchanged.  

Thousands of migrant workers from neighbouring countries have reportedly left after their employers stopped recruiting them for fear of the heavy penalties.

The three sections for which enforcement will be delayed by 120 days are Section 101 on the penalties for employees, Section 102 on the punishments for employers who hire workers for certain professions without permits, and Section 122 on recruiting workers without permits.

“In the meantime, no arrests will be made, except in human trafficking cases. The order will take retrospective effect to June 23, the effective date of the law,” Mr Wissanu said.

During the relaxation period, illegal workers should seek permission from their respective countries, with the Ministry of Labour acting as coordinators at the borders so the workers need to leave the country.

“The Section 44 order to be issued will allow illegal workers to return to their countries without facing legal action. Thai employers must also take action to comply with the law. They should explain to their employees that they can gradually return to their countries to seek permission to avoid disruption,” Mr Wissanu said.

Five identification centres for Myanmar nationals will also be set up. If the Myanmar government agrees, the centre can issue permits, probably online, he added.

For workers who entered Thailand legitimately but changed jobs should take the time to inform the provincial jobs offices of the changes.

Mr Wissanu said the offences under the new law were the same as in the old law but the punishments increased.

Under the new law, employers who hire migrants for jobs prohibited to foreigners, employ migrants without work permits or with work permits for other employers will face a fine of 400,000 to 800,000 baht per worker.

Those who assigned migrant workers to do jobs not matching what is specified in the work permits will face a fine of 400,000 baht per worker.

Migrants who work without a permit or do prohibited jobs will face a jail term up to five years and/or a fine of 2,000 to 100,000 baht. Those who take different jobs from what is specified in their work permits will face a fine up to 100,000 baht.

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