Labour Law Reform Focusing on Freedom of Association and The Right to Bargain Collectively

Transcription

1 International Trade Union Confederation - Asian and Pacific (ITUC-AP) Labour Law Reform Focusing on Freedom of Association and The Right to Bargain Collectively REPORT FROM THAILAND revised 1

2 ITUC-AP/JILAF/ITUC-TC National Workshop On Employment Security and Industrial Relations - Labour Law Reform January 2010, Ayuthaya, Thailand Identified Problems, Proposed Amendments and Action Plan Introduction Following the completion of the first draft of the report by Brother Somboon (researcher) on the comparative study of the Thai labour laws focusing on the freedom of association and the protection of the rights to organize and to bargain collectively, a two-day workshop was organized on January 2010 in Ayuthaya, Thailand. The purpose of the Workshop is to review the findings of the study and also to discuss and propose specific labour law changes. Altogether 21 participants (5 female and 16 male union principal officials) from the four members of the ITUC-Thai Council (SERC, LCT, NCPE and TTUC) participated in the workshop. Participants not only actively participated during the various discussion sessions but some also contributed as panel members during the panel discussions following the presentation of the report by the researcher. After much deliberation the following identified problems together with the proposed amendments to the Thai labour laws were recommended by the 4 panel members representing SERC, LCT, NCPE and TTUC; which were subsequently adopted by the participants. Identified Problems & Proposed Labor Law Amendments: 1. Since the Thai National Constitution only stipulates the right to form a union but not the right to bargain collectively, the Workshop therefore proposed an amendment to the Constitution so that both the right to form a union and the right to collective bargaining will be provided for all workers. 2. At present the right to form a union is governed by two different trade union laws. For private sector workers, they are under the Labor Relation Law 1975 and for State Enterprise workers they are under the State Enterprise Labor Relation Act Section 5 in the Labor Relation Law 1975 (for private sector) defines union as follows: Labor union is an organization of employees 2

3 established in pursuance of the Labor Relation Law 1975 for private sector. The Workshop proposed an amendment to Section 5 by deleting the words 1975 for private sector so as to enable only one labor relation law to exist for all workers irrespective of whether they are from the private sector or State Enterprise sector. 3. To enable informal workers as well as workers in the agriculture and fishery sector to have the right to form unions, the Workshop proposed an amendment to delete Article 4 of the Labor Relation Law Regarding legal requirements to form a union, the Workshop proposed the following changes: (a) Amend Section 89 of Labor Relation Law 1975 so that only 7 founding members instead of the present 10 founding members are required to form a union. (b) Amend the relevant sections of the Labor Relation Law 1975 to expand the types of unions to include the formation of general unions. (c) Amend the law to include a time-frame of 15 days for the registrars to approve/disapprove the union s application for registration. (d) Amend the law so that the union only needs the support of 15% of the total workforce instead of the 20% at present in order to submit demands to the employer. Also once the negotiation between the union and the employer has started, the union can continue to represent all the workers irrespective of any changes in the percentage of workers support thereafter. 5. Concerning problems in obtaining legal recognition of the union, the Workshop proposed: (a) In order to protect the union organizing committee members from being laid off, the law should be amended to prohibit the government agency from disclosing the names of the founding members before the union registration is approved. (b) That the government should set up a committee to promote the right to organize. 6. With regard to unfair labor practice during the formation of the union and legal counter actions by the union, the Workshop proposed to amend Section 13 of Labor Relation Law 1975 whereby the union organizing committee only needs the support with names and signatures of at least 10% of total workers instead of the 15% at present to submit points of demand to the employers in order to protect the union organizing committee from being laid off. 3

4 7. As for prohibition to negotiate lower than the minimum standards, the Workshop proposed a new clause to the existing law prohibiting settlements by the Labor Court and conciliation process that are lower than the minimum standards provided under the Labor Protection Law Concerning the penalty for employers violating the legal provisions of the right to bargain collectively, the Workshop proposed an amendment to Articles of the Labor Relation Law 1975 to increase the amount of penalty by 6 times. 9. With regard to the protection of workers against unfair labor practice, the Workshop proposed to amend Article 121 of Labor Relation Law 1975 prohibiting employers to lay off workers during the time that they try to organize the union. 10. Regarding the punishment for employers for not complying with the legal requirements for the implementation of the collective agreement, the Workshop proposed to amend Article 130 of the Labor Relation Law 1975 to increase the amount of penalty to 100,000 Thai Baht. 11. Concerning dispute settlement and the right to strike, the Workshop proposed: (a) Amend Section 22 of Labor Relation Law 1975 by replacing conciliation officer with conciliation committee before considering to appoint an arbitrator should conciliation fails to settle the labor dispute. (b) Amend Section 34 Point 6 of Labor Relation Law 1975 so that workers still have the right to strike without notifying the employers 24 hours in advance before holding the strike. 12. As for the requirements for strike actions, the Workshop proposed to delete the clause in the Labor Relation Law 1975 requiring the unions to notify the conciliation officer 24 hours in advance before going on strike. 13. With regard to legal counter actions that can be taken by the employer against legal strike organized by the union, the Workshop proposed to delete the clause in the Labor Relation Law 1975 giving the employers the right to close certain sections of the factories where the workers are involved with the labour dispute. 14. Concerning the right to form a union for public sector employees, the Workshop proposed: 4

5 (a) To delete Article 5 of State Enterprise Labor Relation Act 2000 so as to allow employees of the Bank of Thailand (a state enterprise agency) to have the right to organize. (b) To delete Article 4 of Labor Relation Law 1975 so as to allow civil servants and employees in Local Administration Organizations to have the right to organize. 15. Regarding the right to bargain collectively for public sector employees, the Workshop proposed that after the above labor laws have been revised giving the civil servants, employees of the Bank of Thailand and State Enterprise employees the right to form unions; they should also be given the right to bargain collectively with the employers. 16. As for the right to strike for public sector employees, the Workshop proposed that Article 33 of State Enterprise Labor Relation Act 2000 be deleted so that they are also given the right like workers in the private sector. Action Plan 1. To set up a joint Working Committee comprising of 2 representatives from each of the four national centers (SERC, LCT, NCPE and TTUC) within days to draft each of the specific proposed amendment to the Thai labour laws adopted by the Workshop. 2. To consider how best the Union s proposals for labour law reform can be submitted to the Thai Government, the Working Committee has identified the following channels that are available to the trade unions: (a) To submit the Union s proposals directly to the Ministry of Labour. (b) To submit the Union s proposals to the Thai Government through the assistance of the opposition political parties. (c) To collect the support of at least 10,000 signatures from Thai citizens as required under the Thai National Constitution and submit the Union s proposals to the Parliament for discussion and consideration. 3. Having considered the various options as outlined above, the ITUC- Thai Council comprising of the four trade union national centers (SERC, LCT, NCPE and TTUC) decided to submit the Union s proposals to the Thai Government as well as to the Parliament for discussion to create public pressure on the authorities and the employers to accept the Union s demands. 5

6 After completing the drafting of the Union s specific proposed amendments to the Thai labour laws, the Working Committee intends to submit them to the Government on 1 st May being the Labour Day 2010 and also seeks the support of other organizations including the ILO. 4. To conduct seminars at regular intervals to disseminate the Union s proposals to union members at various levels so as to ensure that they are well informed before giving their full support. 5. Regarding the campaign to collect 12,000 signatures from Thai citizens in support of the Union s proposals to be discussed in Parliament, the Working Committee agreed that each of the 4 national union centers should set a target of collecting 3,000 signatures. 6. Once the 12,000 signatures have been collected, the Working Committee will then decide the date for submitting the Union s proposals to the Parliament for discussion and consideration. 6

7 Executive Summary on the Survey Report The right to organize and bargain collectively study is the collaboration between International Trade Union Confederation Asia Pacific, ITUC-AP, and the ITUC-Thai Council comprising of SERC, LCT, NCPE and the TTUC. Brother Somboon was asked to undertake such study relating to the International Labor Conventions numbers 87 and 98. The study covers private sector and state enterprise. The methodology used was the questions and answers forms on the labor right in comparing the two labor relation laws, Labor Relation Law 1975 and State Enterprise Act 2000 with the core provisions of the ILO Conventions Nos: 87 and 98. Research findings: 1. Thai national constitution 2007 provides the right to its citizen to organize into a form of union, but limit to only private sector and state enterprise workers. 2. Many conditions and processes have been set out so it makes organizing effort becomes very complicated, such as number of organizing committee members qualification, and the registrar has to approve first. Normally, it takes a long time to obtain the registration. 3. Normally, employers interfere when workers try to organize to stop organizing especially in private sector. 4. In the State Enterprise Act 2000, there is the provision prohibiting the Bank of Thailand employees to organize and stage any strikes. 5. Concerning the collective bargaining, if workers are able to organize into unions, normally the right to bargain will be followed according to the labor laws. 6. Collective bargaining and labor dispute settlement relating to the collective bargaining agreement sometimes can not be solved because the labor dispute officers are not able to settle the problems. Since the problems can not be solved, then workers normally go on strike and employers close their businesses. 7. There are some conditions and legal matters that workers have to follow if they want to go on strike, otherwise they can be laid off without any compensation according to the law. 8. Employers can exercise their right by closing the factories or organizations in response to the strike. 9. The Ministry of Labor can interfere according to the law in case of the strike or the employers close the factories but normally employers just ignore the advice by the Ministry. 7

8 Recommendations 1. Freedom of association: 1.1. Expanding the right to organize to the civil servants, government employees, holding company employees, and independent government organization employees Workers should be able to exercise their rights in organizing freely without pre approval and no discrimination No interference from the government agencies, or prevent workers to organize, this is a form of limitation of the workers' right. The Thai national constitution provides the right of the Thai citizen to associate with each other, able to elect their own representatives, administer, and operate their own organization freely according to their choices Trade unions shall have the right to organize and have freedom to affiliate to any labor federations and national centers. Labor federations and national centers shall have the right to affiliate to international labor organizations The government shall not use different labor laws with private sector and state enterprise workers. However, the labor law shall cover civil servants and the government employees Government agencies shall change their negative attitude toward the Thai Labor Movement and promote the implementation of the labor laws. 2. Freedom in collective bargaining: 2.1. The right to bargain, the law shall reduce number of workers who support such matter to only 10% out of total workforce The government should have mechanism to provide and promote collective bargaining Labor dispute settlement process shall be able to solve the problems and the dispute quickly and fairly. 8

9 Report of Survey NAME OF RESPONDENTS AND ORGANISATION Name of your organization: SEWUCAT president State Enterprise Workers Union of CAT Telecom, Name of respondent and position in the organization: Brother Somboon Subsarn and with the assistance of Sister Ubon Kompipote Contacts: Tel: The ILO Conventions 87 and 98 proclaim the right to form a union, bargain collectively as follows: Articles 2-5 of the ILO Convention 87 Article 2 Workers and employers, without distinction whatsoever shall have the right to establish and subject only to the rules of the organization concerned, to join organizations of their own choosing without previous authorization. Article 3 1. Workers and employers organizations shall have the right to draw up their constitutions and rules, to elect their representatives in full freedom, to organize their administration and activities and to formulate their programmes. 2. The public authorities shall refrain from any interference, which would restrict this right or impede the lawful exercise thereof. Article 4 Workers and employers organizations shall not be liable to be dissolved or suspended by administrative authority. Article 5 Workers and employers organizations shall have the right to establish and join federations and confederations and any such organization, federation or confederation shall the right to affiliate with international organizations of workers and employers. 9

10 Articles 2-3 of the ILO Convention 98 Article 1 1. Workers shall enjoy adequate protection against acts of anti-union discrimination in respect of their employment. 2. Such protection shall apply more particularly in respect of acts calculated to-- (a) make the employment of a worker subject to the condition that he shall not join a union or shall relinquish trade union membership; (b) cause the dismissal of or otherwise prejudice a worker by reason of union membership or because of participation in union activities outside working hours or, with the consent of the employer, within working hours. Article 2 1. Workers' and employers' organisations shall enjoy adequate protection against any acts of interference by each other or each other's agents or members in their establishment, functioning or administration. 2. In particular, acts, which are designed to promote the establishment of workers' organisations under the domination of employers or employers' organisations, or to support workers' organisations by financial or other means, with the object of placing such organisations under the control of employers or employers' organisations, shall be deemed to constitute acts of interference within the meaning of this Article. However, in reality, many restrictions are imposed on labour laws in the region. This survey is designed to highlight the legal and administrative restrictions stipulated or embedded in the labour laws as a base for a regional campaign for labour law reform. The survey is composed of mainly five parts. They are: 1. Legal status of the union 2. The right to form a union 3. The right to bargain collectively 4. Dispute settlement and the right to strike 5. Public employee 10

11 Kindly note that this survey is not intended to collect information about employers tactics and anti-union attitude, but legal restrictions and administrative obstacles which governments and employers tend to use to block unionisation and collective bargaining. A guide to answer: 1. If Quote is requested, please quote precisely as articles stipulate. 2. If Outline is requested, please summarise answers. 3. if there is no legal provision, please state no such legal provision in your answer to the question concerned. 4. Please write your answers on this format by using the Word format with font Arial and pt 12. I. Legal status of the union 1.1. The national constitution provides the right to join an association, but does not specify on the right of workers No right on collective bargaining. No right to strike in the national constitution, but the right to strike is in the Labor Relation Law 1975 for private sector. Definition of the union in the trade union law 1.3. Labor union is an organization of employees established in pursuance of the Labor Relation Law 1975 for private sector. (Section 5 in the Labor Relation Law) After the registration, the labor union shall be a juristic person. (Section 87 in the Labor Relation Law) For Private Sector Employees only II. The right to form a union Prohibition of forming a union (industries, jobs, function, post, areas, etc,). 11

12 1.5. Informal workers have no right to form a union Agriculture and fishery workers are prohibited to form a union Supervisors and management who have the authority to hire and fire workers have no right to join a union Civil servants and employees in Local Administration Organization, Provincial Organization and Central Administration are not allowed to organize Legal requirements to form a union There must be 10 founding members who have the qualification according to the section 89.(Labor Relation Law 1975) Workers who have the right to organize into unions must be employees working for the same employers or employees in the same description of work, and Thai nationality There must be 10 union regulations according to section 90 which is approved by the registrar To submit point of demands on behalf of the workers, there must be at least 15% of total workers who support with their signatures. (Section 13 in the Labor Relation Law 1975). If a union will submit the point of demands on behalf of the workers and the law recognizes, a union must have at least 20% of the total workers who support the demands. The union needs to submit no more than 7 union leaders who will represent the unions to negotiate with the employers. The unions need to file their names to the Office of Labor Protection and the employers before they go to the negotiation table and recognize by law. (Section 15 in the Labor Relation Law 1975). Problem in obtaining the legal recognition of the union The registrar (government authority) does not provide the convenience and proper advise to a union organizing committee. The registrars (each province in Thailand, there is one registrar at The Labor Protection Office). Normally, the organizing committee members are lack of knowledge about the labor law The registrars sometimes inform the employers that workers try to organize so in the consequent workers are being laid off. 12

13 1.15. The registrars take too long to approve the registration to the union organizing committee so the employers normally find out that the workers are trying to unionize and then they go against it. Unfair labour practice during the formation of the union 6.1. The employers usually interfere with the workers who sign to be union members by asking them to withdraw their names. The employers will offer some benefits to exchange with them if they withdraw their names such as increasing their wages or positions or both The employers also transfer members of the union organizing committee, and union members to the positions that they can not perform their duty Lay off union organizing committee members by paying them compensation according to the law and normally the reason given is not justified. Legal actions/steps 7.1. To protect the union organizing committee members from being laid off, workers can gather their names and signatures at least 15% out of the total workers and submit points of demand to the employers. (Section 13 in Labor Relation Law 1975) 7.2. In a factory where there are more than 50 workers and there are workers committee already established, the union organizing committee members may be from such committee to avoid the lay off situation. ( Labor Relation Law section 45 and 52) 7.3. Submitting points of demand to the employers on behalf of the workers, gathering at least 15% of the total workers at the same time that union organizing committee submits the application to the registrar to register the union. III. The right to bargain collectively Prohibition of collective bargaining (industries, jobs, areas, etc,) The government can interfere in case of the country faces the economic crisis, the Minister of the Ministry of Labor can announce the prohibition not allow workers or unions to submit points of demand, increase salary or wages. (section 33 in the Labor Relation Law 1975) 8.2. Prohibition to negotiate lower than the minimum standard provided under 13

14 the Labor Protection Law The drivers who work for transportation industry are prohibited to negotiate for overtime payment Outsiders who are not involved with points of demand are prohibited to take part in negotiation except the advisors who are legally recognized. (section 17 and 32 in the Labor Relation Law 1975) Legal provision for the implementation of the agreement 9.1. The collective bargaining agreement must be signed by both employers and workers. Such agreement must be disclosed or posted at the workplace at least 30 days. (Section 18, the Labor Relation Law 1975 ) 9.2. The employers must take the collective bargaining agreement to submit to the registrar for registering within 15 days after the agreement is made between the two parties. (General Director at Labor Ministry) (Section 18, the Labor Relation Law 1975 ) 9.3. The term of the collective bargaining agreement must not be over 3 years. (section 12 point 1 in the Labor Relation Law 1975) 9.4. If the collective bargaining agreement has not stated the term then it will be effective only for one year. (section 12 point 1 the Labor Relation Law 1975 ) Legal provision of the right to bargain collectively After having received the points of demand, the party receiving it shall forthwith give notice of his name or names of the representatives to the party submitting the points of demand and both parties shall begin the negotiation within 3 days from the date the demand is received. (section 16 in Labor Relation Law 1975 ) The law prohibits the employer to transfer, lay off the worker s representatives, union executive board members and subcommittee members who are involved with the points of demand. (section 31 Labor Relation Law 1975 ) The law prohibits the employer to lay off union representatives, subcommittee members or union executive board members when the term of collective bargaining agreement is still valid. (section 123 Labor Relation Law 1975 ) Legal requirement to be a bargaining agent 14

15 11.1. The points of demand have to be approved by the union assembly (general meeting). (section 103 Labor Relation Law 1975 ) The 7 union representatives who are appointed to represent the workers or unions to negotiate with the employers must be given in writing to submit to the employers and the Office of Labor Protection. The union is allowed to appoint 2 advisors by law to advise them while negotiating with the employers The negotiation must take place within 3 days after receiving the points of demand The negotiation must be on the basis of both sides are equal between the workers and employers Those who act on behalf of the union s members, and employers who take part in negotiation shall not be liable to criminal or civil charge or action. (section 99 Labor Relation Law 1975 ) Legal counter actions against the employer if refusal to bargain collectively If the negotiation does not take place within 3 days, then it will turn into the labor dispute. The union can submit the appeal letter to the conciliation officer within 24 hours after the period prescribed. (section 21 Labor Relation Law 1975 ) The conciliation officer has to conciliate within 5 days. If the settlement can not be reached, then both sides employers and workers may agree to appoint a labor disputes arbitrator. (section 22 in the Labor Relation Law 1975) Legal definition of unfair labour practice in relation to collective bargaining Unfair practices mean the inappropriate incidents that the employers impose on workers. The intension can be to pick on them, exploit them, or create the obstacles for them so they can not exercise their rights according to the Labor Relation law. Under the Labor Relation law, there is the provision to protect workers on unfair practices The employers shall not layoff or prohibit workers from exercising their rights. (section 121 in the Labor Relation Law 1975) The employers shall not force or prohibit workers to become union members or resign from being union members. (section 122 in the Labor Relation Law 1975 ) The employers shall not lay off workers while the collective bargaining 15

16 agreement is still valid. (section 123 in the Labor Relation Law 1975 ) Legal requirements for the implementation of the collective agreement The collective bargaining agreement has to be written and signed by both the employers and unions. The employers shall register with the Director General within 15 days from the date of the agreement The employers must post the collective bargaining agreement at the workplace at least 30 days Both parties the employers and unions must comply with the collective bargaining agreement strictly. Legal term of validity of the collective agreement The term of collective bargaining agreement is no longer than 3 years. If there is no date identify, then the term will be only 1 year. If either side, the employers and unions do not submit any points of demand to each other after the term of the collective bargaining agreement is expired, the agreement can continue to be implemented for another year. (section 12 point1 and 2 in the Labor Relation Law 1975) IV. Dispute settlement and the right to strike Dispute settlement mechanism The conciliation by the conciliation officer, if the dispute can not be resolved then the law allows another condition according the point no (section 22 in the Labor Relation Law 1975) In case there is the need to appoint the arbitrator to settle the labor dispute if the conciliation officer can not settle the problem then the arbitrator needs to be appointed within 7 days. Then, if the two parties agree, the collective bargaining agreement needs to be registered with the registrar within 15 days. (section 29 in the Labor Relation Law 1975) The workers have the right to strike provided that the workers have to notify the employers 24 hours in advance before holding the strike. (section 34 point 6 in the Labor Relation Law 1975) Prohibition of the right to strike (industries, jobs, areas, etc,) Prohibition to hold strike if either the employers or workers have not yet submitted points of demand to either side or if there is no labor dispute yet. 16

17 Requirements for strike action Submitting points of demand, and negotiating according to the procedure There is the labor dispute and can not be settled The unions hold general meeting after the labor dispute can not be settled. There must be at least 50% of the members who agree to go on strike. (section 22 point 3 in the Labor Relation Law 1975) The Unions have to notify the conciliation officer 24 hours in advance After the unions notify the conciliation officer then, the unions can go on strike. Legal counter actions taken by the employer The employers can exercise their right by closing the factories to respond to the workers action and force the workers to come to bargain The employers can close only certain sections of the factories where the workers are involved with the points of demand. Escape clause The relevant government can interfere to settle labor dispute especially the agency relates to the national security. (section 23 in the Labor Relation Law 1975) In addition, another channel can be used is the Labor Relation Committee to consider within 30 days. If any sides do not comply then the relevant government can put the penalty The relevant government agency can interfere if it creates national economic crisis, the Labor Minister of the Ministry of Labor can impose article 35 ordering the employers to reopen the factories, the workers have to go back to work or the employers can recruit new workers to replace those strike workers The relevant government agency declares the martial law (section 25 in the Labor Relation Law 1975) to settle the labor dispute. V. For Public Sector Employees only Exempted categories of employees from the right to form a union 17

18 21.1. The civil servants have no right to organize The Local Administration Organization s workers can not organize The Bank of Thailand is a state enterprise agency, but excluded the right to organize State Enterprise managements or supervisors are not allowed to organize One state enterprise is allowed to establish only one union. (Section 40 SELRA 2000) Legal compensatory provision for such exemptions The Bank of Thailand is protected under the State Enterprise Minimum Standard. (State Enterprise Announcement, modified in 2007) (The Bank of Thailand s employees are protected similar to the private sector workers in the Labor Protection law 1998) However, the above mentioned, , the employees have the right to establish organization or association according to the Thai National Constitution (Section 64 in the Thai National Constitution Exempted categories of employees from the right to bargain collectively The civil servants The Local Administration Organization s workers The Bank of Thailand. Legal compensatory provisions for such exemptions The civil servants are able to organize themselves into association, Civil Servant Association. The Association can not submit points of demand, but it can ask for improvement concerning wages, salary and benefits There is Teachers Union, which was organized under the Thai National Constitution. (section 64 Thai National Constitution 2007) However, they can not submit points of demand to negotiate. They are civil servants The Bank of Thailand employees will gain benefits and welfares whenever the state enterprises employees increase the benefits and welfares. However, it must comply with the State Enterprise Announcement. 18

19 Exempted categories of employees from the right to strike The employers are not allowed to close the organizations and state enterprise unions have no right to strike. (Section 33 SELRA 2000) Legal compensatory provision for such exemptions State enterprise unions can hold demonstrations to demand on various agendas by complying the condition on Thai National Constitution (section 63 Thai National Constitution 2007) State enterprise unions shall hold extraordinary meeting which continue for many days. It is a form of the strike. (Section 44 points 8 SELRA 2000) State Enterprises Workers Relation Confederation, SERC as the Confederation (National Center for public sector) can negotiate with the Finance Ministry on behalf of its members. It is a form of political agenda. (This is in practical approach, but it is not in any laws) Summarization of the main points of the State Enterprise Act 2000, SELRA State Enterprise Union: 1. The meaning of a union is the same as in private sector union 2. The Law for state enterprises workers is called State Enterprise Labor Relation Act 2000, (SELRA) 3. To be able to organize, the workers have to be: 3.1 Working for the same state enterprise. 3.2 Not holding management position 3.3 Adult 3.4 Thai nationality (Section 41 SELRA) 4. The union must have recruited a membership representing at least 20% out of the total workforce of full time workers. (Section 42 SELRA) 5. To register a union, at least 10 union organizing committee members are needed. A worker can belong to only one union in a workplace. (Section 43 SELRA) 6. A union needs to register with the registrar at the Ministry of Labor 7. After one party submits points of demand, the negotiation needs to conduct within 5 days (Section 26 SELRA) 8. The term of the CBA is the same as in private sector (Section 25 SELRA) 19

20 9. If both sides agreed, the CBA needs to sign and the employers need to register with the registrar within 15 days. (Section 27 SELRA) 10. The employers need to announce at the workplace at least 30 days. 11. If the agreement can not be reached, the party which submitted the points of demand needs to notify the Labor Conciliation officer within 72 hours. The Labor Conciliation officer needs to respond within 10 days after receiving the appeal. (Section 31 SELRA) 12. If the agreement can not be reached, the issue needs to be appealed to the arbitration Committee and this committee needs to respond to the issue within 90 days. (Section 31 SELRA) 13. Employers can not lock-out. 14. Union can not hold strike (Section 33 SELRA) Notice: 1. The registrars are in each province of Thailand at the Office of the Labor Protection. In Bangkok, the General Director is also the registrar. References: 1. The Labor Relation Law The Labor Court Text 3. The Labor Protection Law State Enterprise Labor Relation Act National Constitution State Enterprise Announcement 2007 Recognition: 1. A union needs to register a union with the registrar in order to be recognized by law. Private sector workers and state enterprise workers are under different laws: 1. Private sector workers are under the Labor Relation Law 1975 and the Labor Protection Law State Enterprise Workers are under the State Enterprise Labor Relation Act

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