The Protection of Employees in Seasonal Agricultural Work in Plantation Under Thai Laws

Abstract

The objective of this study is to examine the fundamental concepts, developments, and laws concerning the protection of agricultural workers according to seasonal agriculture employment laws under international, foreign, and Thai laws. Moreover, it aims to conduct a comparative analysis and propose recommendations for improving Thai agricultural labor protection laws. The research employs a qualitative methodology with three data collection methods. The first method involves collecting data from primary and secondary sources. The second method entails field surveys and interviews with relevant individuals, selecting provinces with prevalent employment of this worker group in sugarcane plantations, fruit orchards, and rice farming. Data collection was conducted across all regions of Thailand, excluding the South, specifically in the provinces of Kanchanaburi, Chanthaburi, Lamphun, Phra Nakhon Si Ayutthaya, and Suphanburi. The third method involves collecting data through interviews with three groups of participants using an open-ended questionnaire developed by the researcher. The first group is 7 seasonal agricultural workers, the second group is 7 employers in seasonal agriculture, and the third group is three government officials or officials of independent labor assistance organizations that are from the Ministry of Labor and the coordinator of the network of organizations for transnational populations, totaling 3 people. In total, the sample population comprises 17 individuals. This approach aims to gather accurate and relevant data reflecting the actual employment conditions in Thailand's agricultural sector.  The results of the study, in the first case, it is found that seasonal agricultural workers, who are not employed year-round by employers and are not covered by other types of work, are not adequately protected under the law. In some aspects, Thai law does not establish minimum standards of employment conditions that employers must adhere to for such workers, resulting in a legal gap without mechanisms. The authors suggest amending and improving Thai laws by establishing minimum standards of employment conditions in accordance with the law, aiming to promote fairness in agricultural society and thereby contribute to the preservation and enhancement of the quality of life for laborers. Consequently, they propose the issuance of (draft) Ministerial Regulations concerning the protection of agricultural workers in seasonal agriculture employment B.E….., suggesting that workers should receive special protection under certain aspects, such as establishing rest periods during work, designating weekly and customary holidays, prohibiting employers from having pregnant female workers work during certain periods, setting wages for maternity leave, defining normal working hours, setting varying minimum wages for each district or province where applicable, and prohibiting employers from having child workers work overtime or on holidays.

In the second case, it is found that employees are provided with protection under special laws that do not conform to the working conditions of agricultural work in certain aspects. Therefore, the author suggests amending and improving Thai laws by proposing the establishment of protections that align with short-term employment or temporary employment arrangements not exceeding 90 days or part-time employment, where employees frequently apply and quit their jobs from the same employer's employment, including the provision of rest days, ensuring that employers provide accommodations separate from areas storing hazardous agricultural chemicals, and providing equipment welfare related to chemical protection. In addition, employees receive protection under general laws that do not align with the working conditions of agricultural work in certain aspects. Hence, the author proposes amending and improving Thai laws by prohibiting employers from having female employees or pregnant women work in conditions that may pose health or physical risks not suitable for agricultural work. Additionally, they recommend establishing necessary safety, occupational health, and environmental measures, including providing personal protective equipment, training on the use of machinery, tools, or equipment, and training on the proper use of hazardous agricultural chemicals for employees.