10/10/2012 Recruitment Malpractices and developing complaints and dispute resolution mechanism in Thailand Chalobon kachonpadungkitti Department of Employment Ministry of Labour 1 5 channels of recruitment of Thai workers for Overseas Employment. 1.1 By private overseas recruitment agency 1.2 By the Department of Employment (DOE) 1.3 By self arrangement for overseas employment 1.4 By local employers send their employees to work on the overseas projects 1.5 By local employers send their employees for overseas training 2 1
10/10/2012 Statistic of Overseas Employment 2008 ‐ 2011 2008 2009 2010 2011 total Private recruitment 57,851 78,717 52,972 57,092 246,632 Agency Local employers send 5,304 48,725 4,272 3,826 62,127 their employees for training Self arrangement 13,353 3,043 10,343 11,612 38,351 Local employers send their employees to work 11,539 3,938 9,214 12,720 37,411 overseas DOE 5,553 12,573 2,991 4,987 26,104 total 93,600 146,996 79,792 90,237 410,625 3 CASES OF MALPRACTICE Majority of Malpractice cases mostly are involved with the following parties: Sub agents (unlicensed recruiters) Loan service (loan shark) Private recruitment agencies 4 2
10/10/2012 Number of complaint workers, rectify and legal action, from 2009 to 2011 Case of Employment Case of Sub ‐ agent Legal Action Year Number Complaint Rectify* Complaint Rectify* Case of worker 2009 1,385 1,339 1,655 1,655 465 565 2010 1,022 1,004 1,253 1,253 442 442 2011 458 458 1,323 1,323 429 429 * Return commission charged to the workers. 5 Number of recruitment agencies penalized by DOE during 2009 to Sept. 2012 Year Suspend Revoke Discontinue 2009 6 2 ‐ 2010 5 ‐ ‐ 2011 1 2 ‐ Sept. 2012 42 ‐ ‐ 3
10/10/2012 GOVERNMENT PROTECTION All required recruitment documents have to be legalized by authorities of the host country and attestation by the Thai General Consulate / Thai Embassy. The project have to be confirmed and inspected by the Thai authorities prior to document attestation. 7 GOVERNMENT PROTECTION Under the Recruitment and job seekers Protection Act, the license private recruitment agency must comply to the followings: 1. Publicly display recruitment license. 2. Employees of the agency must be registered with TOEA. 3. Commission collection must be according to the law and receipt is issued when payment received. 4. The DOE issued check list which recruitment agencies must follow otherwise will be penalized. 8 4
10/10/2012 GOVERNMENT PROTECTION List of required recruitment documents. 1. Power of Attorney 2. Demand Letter 3. Employment Contract 4. Employer’s business registration 5. Confirmation letter from the Thai Embassy in the host country. 9 Recruitment Malpractice Employment to Israel 1995 Starting to send Thai agriculture workers to Israel by private recruitment agencies. 2006 Israel was place under Tier II watch list of the US Government Tips report. 2007 Thailand and Israel signed Memorandum of Understanding reference to agriculture workers to Israel. 2011 Renewal of MOU is signed. 2012 Private recruitment agencies banned from sending Thai agriculture workers to Israel. DOE dispatched Thai agriculture workers to Israel. 10 5
10/10/2012 Strategies to combat malpractice and high recruitment cost Punished recruitment agencies whom charge excessive o commission from workers. TOEA now set up provincial offices where large labour o source are available. MOL has established volunteers (in Thai call ar ‐ sa ‐ o smak ‐ raeng ‐ ngan) in villages and districts. Rules and regulations in sending Thais for Overseas o employment will be improved. Setting Complaints online system. o 11 Thank you 12 6
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