The Necessity of Labor Force Royal Decree Legislation

Abstract

The behavior of forced labor and services was the same exploitation as human trafficking. It was a common problem in the global society that must help prevent and eliminate the problem. Thailand has signed the 29^th International Labor Organization Convention on Forced Labor 1930 and the 2014 Protocol on the Supplement of the 29^th International Labor Organization’s Agreement on Forced Labor 1930. Therefore, it is necessary to enact law as follow: According to the time limit that has been signed before 1 June 2019, therefore, the Ministry of Labor has proposed “The Bill on Prevention and Elimination of forced labor…” but, when referendum has been heard for 3 times, it appears that the results of hearing in the same way was not agreeing to enact specific labor laws. It is appropriate to amend the existing law on forced labor, the Criminal Code. Labor protection law and the Anti-Trafficking in person Act B.E. 2551 causes the Ministry of Labor to apply the revised bill. But, due to the delay of the Ministry of Labor, therefore cannot act as a proposal within the specified period, causing the government to have to solve the problem by enacting the Emergency Decree amending the Anti-Trafficking in Person Act 2008 B.E. 2562 announced in the Government Gazette on 7 April B.E. 2562 which will come into effect on 8 April B.E. 2562, with the most content as according to the opinions, only the penalty rate is more severe than the offense against freedom under the Criminal Code, in spite of attacking the same legal interest (Rechts gut), is the freedom of decision-making and does not amend other relevant laws, such as the Criminal Code Section 344 of labor fraud. Therefore, the researcher suggests reviewing the penalty rate by comparing it with the penalty provided in the Criminal Code. And amendment to Section 344 of the Criminal Code to protect all victims.