Illegally hiring a migrant worker will not cost an employer as dearly any more as a bill that reduces the fine from 400,000-800,000 baht to 10,000-100,000 baht is expected to be placed before the cabinet Tuesday for approval, said a labour ministry source.
The bill, which will amend an executive decree on the management of migrant workers widely seen as too tough, is designed to seek lighter penalties against those who employ illegal migrant workers and who lure them to the country with false job claims.
Under the decree, employer will be subjected to a fine between 10,000-100,000 baht for each illegal migrant worker hired.
In case of a repeat offence, the employers face a one-year jail term and/or a fine between 50,000-200,00 baht for each illegal migrant worker. They also face a three-year ban on hiring of migrant workers.
According to the source, the bill was examined by the Council of State and the head of the scrutiny team Meechai Ruchupan, who is also the chairman of the Constitution Drafting Committee (CDC).
The executive decree which this bill amends imposed severe punishment for illegal hiring, spreading panic among undocumented migrant workers and employers. Critics said the punishments were heavy-handed. Illegal migrant workers faced a five-year jail term and/or a fine between 2,000-100,000 baht. The employers faced heavy fines between 400,000-800,000 baht.
The decree prompted Prime Minister Prayut Chan-o-cha to invoke his powers under Section 44 of the charter to clarify parts of the law that people found confusing and ordered a review of the decree.
Labour Minister Pol Gen Adul Sangsingkeo is expected to present the bill to the cabinet. If approved, it will be published in the Royal Gazette and will take effect from July 1 this year. The bill was drawn up following an order by the National Council of Peace and Order (NCPO) to fix controversial issues in the executive decree that was announced in June last year.
According to the source, the bill is aimed at making it convenient for the employers to report recruitment and discharge of migrant workers via an online system.
To protect the migrant workers better, a fund will also be set up. Those who bring in the workers and employers are required to contribute to the fund, the proceeds of which will be used to rehabilitate the migrant workers. The bill also focuses on prevention of human trafficking and forced labour.
People who lure migrant workers to Thailand with bogus job offers, are subjected to three to 10 years in jail and/or a fine between 600,000-1,000,000 baht for each worker. Those who are complicit face one to three years in prison and/or a fine of 200,000-600,000 baht. Imports of migrant workers must be approved by the director-general of the Department of Employment and wrongdoers will face a six-month jail term or/and a fine of 100,000 baht.
Moreover, it is illegal for employers to demand payments from their workers unless they pay for their expenses such as passport fees and health check-ups. The employers, who make advance payments to the workers, are allowed to deduct expenses from wages, but the amount must not exceed 10% of what the workers receive each month.