The Exercise of the Right to Organize and Collective Bargaining of Migrant Workers under the Labour Relations Law

Abstract

This research article on migrant workers’ rights to organize and collective bargaining under the labour relations law aims to examine the exercise of these rights by migrant workers across various industries in Thailand. It explores how these workers organize and adapt to existing legal restrictions and practical employment conditions. Furthermore, it proposes approaches to enhance the exercise of such rights in alignment with both international labour standards and domestic law.

The research employs a qualitative methodology, utilizing documentary research on legal materials, academic literature, and standards established by the International Labour Organization (ILO). This is supplemented by in-depth interviews conducted with key informants from government agencies, civil society organizations, labour unions, and labour relations practitioners.

The findings reveal that although Thai labour relations law generally recognizes employees’ rights to organize and bargain collectively, certain provisions of the Labour Relations Act B.E. 2518 (1975) constitute a major barrier. Specifically, the requirement that labour union founders and committee members must possess Thai nationality prevents migrant workers from playing a genuine role in labour relations mechanisms. Consequently, migrant workers are compelled to rely on alternative channels, such as filing legal complaints, participating in employee committees, or utilizing informal organizing methods. However, these mechanisms cannot effectively substitute for the bargaining power provided by formal trade unions.

The study proposes that Thailand should reform its labour relations law in accordance with the right to organize and collective bargaining under international labour standards. In particular, the study recommends the removal of nationality-based restrictions and the ratification of ILO Conventions No. 87 and No. 98. It also emphasizes strengthening the roles of labour unions, civil society organizations, and state authorities in supporting migrant workers’ rights. Finally, it suggests developing new forms of collective organization compatible with current employment conditions and global supply chains. Such reforms would enable migrant workers to exercise their rights to organize and bargain collectively effectively and on an equal basis with Thai workers.