Labour law violations: Migrant workers in Thailand's tourism sector

It is perhaps no surprise that recent research by Reuters (see here & here) shows that migrant workers from neighboring countries working as waiters, gardeners and cleaners in Thailand's tourism industry are subject to a plethora of labor law abuses. 

The research focused on migrant workers from Myanmar working in Khao Lak and Phuket with many working as cleaners, gardeners and waiters and others were employed by companies supplying the hotels with services and goods including a bakery and laundry company.

IMPLICATIONS

In short, the research shows that migrant workers are cheaper to hire than citizens of the country and easier to control.

So why hire a Thai national to do the work? Or pay them a reasonable wage?

Doesn't this labor market double-standard hurt Thai nationals too, by driving their wages down?

No, someone might counter, the foreign migrant workers are doing the so-called "dirty, dangerous and demeaning" work that Thai nationals don't want to do (see here).

But the national image of Thailand is suffering under increased scrutiny over human trafficking and abuse in the fishing industry and processing of chicken for export. The US State Department downgraded Thailand to its Tier 3 list of worst offenders in human trafficking, all of this this could hurt Thailand's national image, counters another.

Morality is more important than national image, counters yet another, we should just do the right thing and enforce the labour laws across the board for migrant workers too.

Yet another counters, that without police reform, it will be impossible to enforce the laws and correct these labour law abuses.

LABOUR LAW ABUSES

The labour law abuses documented include the following:

1. Pay below minimum wage
2. Discrimination
3. No paid leave
4. Longer work days.

5. "Employers frequently confiscate identification documents to keep unregistered workers from running off and to maintain pay rates below the national minimum wage."

6.  Migrant workers working at suppliers to which services had been outsourced to had longer working days, less vacation and more discrimination. Since the hotel did not directly employ these workers, they were one more step removed from labour law enforcement.

According to the report:

"Almost two-thirds of the migrants in Fair Action's report said they were paid less than the country's daily minimum wage of 300 baht, with a far higher proportion among migrants employed by hotel suppliers. Three laundry staff said they worked up to 19 hours a day during the peak tourism season with only two days off a month. Another reported working 16-hour shifts with no time off. Several workers described not being paid for taking time off to treat burns and other injuries sustained in the work place. Thai workers, by contrast, received higher salaries and better benefits, including better accommodation, longer holidays and maternity and sick leave."

The research was done by Swedish groups Schyst Resande and Fair Action. The hotels were used by top Swedish tour operators (such as REWE Group's Apollo, TUI Group's Fritidsresor and Thomas Cook Group's Ving).

ACTION TO BE TAKEN?

In a joint statement, the tour operators said violations of national and international laws could mean the termination of a contract with a hotel, however this is not the first time the issue has been raised and it remains to be seen whether anything will be done about the labour abuses.

The tour operators also said that Travelife, a certification scheme for hotels that monitors fair working conditions is one possible way of dealing with the problem that they are looking into.