Child workers
Individual Documents
Description:
* Summary of report;
* Chapter 1: Migrant Children in Thailand - a Result of Globalisation...
* Chapter 2: Migrant Child Labor in Thailand...
* Chapter 3: Migrant Children in Prostitution in Thailand...
* Chapter 4: Migrant Street Children in Thailand:
* Indicators of Migrant Children in Thailand;
* Links to organisations working with Migrant Children in Thailand.
Premjai VUNGSIRIPHISAL, Siwaporn Auasalung, Supang Chantavanich
Source/publisher:
The Asian Research Center For Migration (ARCM), Chulalongkorn University, Bangkok, Thailand.
Date of publication:
1999-00-00
Date of entry/update:
2010-07-17
Grouping:
Individual Documents
Category:
Children, Migrant children and youth, Child workers
Language:
English
Format :
pdf
Size:
148 KB
Local URL:
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Description:
"...There are an estimated 200,000 Burmese children living in Thailand, many of whom are working, with 20% of the migrant workforce thought to consist of children aged 15 to 17 years of age. It was
seen to be a standard practice for parents to send children out to work, especially once they have
reached the age of 13 years and seen to be physically capable of bringing in extra income for the
family. Children may voluntarily leave or be taken out of school to work alongside their parents in the
factory or fields, as domestics or as service workers in shops and restaurants. Researchers have found
that children working in Mae Sot factories and the agricultural area are subject to the worst forms of
child labour, working long hours and being exposed to hazardous chemicals and conditions that are in
direct violation of Thai labour law. The difficulty of obtaining registration and the work permit makes for a tenuous existence. Consequently, young people can be coerced or forced into bad
employment situations...
As parent?s lives are consumed by the need to work and make money, children can be denied the love,
care and guidance essential to their healthy growth and development and may be separated from or
even abandoned by parents. Some parents abuse and exploit their children by telling them not to come
back home if they cannot earn a fixed amount per day. Consequently these children go out on the
streets looking for daily work to survive; this can include begging, collecting recyclable rubbish and
carrying heavy loads. This pressure is seen to change the moral character of children with some
turning to stealing. Children who are unemployed, neglected, abandoned, or orphaned can end up
permanently on the streets. Being out of school and on the streets increases the risk of being trafficked
and recruitment by gangs, who physically threaten and may even kill children who try to escape...
Statelessness is a real risk for children who are unable to receive identity registration in Burma and
for those born in Thailand of migrants, especially unregistered parents. Despite the ratification of
conventions, such as the United Nation?s Convention on the Rights of the Child 1989 (CRC), and the
International Convention of Civil and Political Rights (ICCPR) that stipulate birth registration of all
children born in Thailand, in reality only registered migrants who hold a work permit can register
their child?s birth. A change in the Civil Registration Act, effective from the 23rd August 2008, will
allow all children born on Thai soil, regardless of their status, to register their births and obtain a birth
certificate; however it remains to be seen how this will be implemented. In the meantime the
Committee for Promotion and Protection of Child Rights (Burma) (CPPCR), a Burmese CBO
established in 2002, provides a registration service for children from Burma that in some cases, has
been recognized by some Thai schools and the United Nations High Commission for Refugees
(UNHCR)..."
Source/publisher:
Committee for Promotion and Protection of Child Rights (Burma)
Date of publication:
2009-02-00
Date of entry/update:
2009-11-23
Grouping:
Individual Documents
Category:
Migrant children and youth, Children, Burma-related legislation and human rights issues in Thailand, Child workers
Language:
English
Format :
pdf
Size:
3.39 MB
Local URL:
more
Description:
Conclusions:
4.1 Indications of labour exploitation
Although forced labour is negligible in Nakhon
Pathom's agriculture sector, migrant workers faced
several forms of labour exploitation, particularly a lack
of freedom of movement, and regular days off. Also,
many were not in possession of their identification
documents, while they do not receive paid leave...
4.2 Legal status and registration
Although the registration of workers provides some
legal protection and minimizes the exploitation
of migrant workers, over a third of workers in
agriculture are not registered. Approximately
two thirds of registered workers who had their
registration costs paid by the employers were in effect
bonded labour and were required to pay back the
costs via deductions from their wages. Nonetheless,
the majority of workers expressed positive attitudes
towards registration, particularly with regard to job
security, safety and health insurance. A lack of time
to register and lack of information regarding the
registration process were the main reasons why some
migrants did not register...
4.3 Working conditions
The challenges facing migrants in terms of working
conditions included very low pay, restricted freedom
of movement, long working hours without overtime
pay and not having possession of their original ID
documents. The average daily payment of 100-
150 baht per day for agricultural workers is below
the minimum wage. Low wages is one reason why
migrant workers switch farms in search of higher
wages. A high turnover of workers is of great concern
amongst employers. Yet perhaps if they were willing
to pay rates equal to or above the minimum wage,
the migrant workers would not be in such a hurry
to leave.
Nearly all migrant workers live on the site of
their workplace. Workers are isolated from the
local community and seldom integrate with the
community. None of the employers speak the
language of their migrant workers and at the same
time the majority of workers have little knowledge
of Thai. However, given the nature of farm work,
there seems little that can be done in this regard,
except perhaps consider more mobile services, which
could visit migrant workers living on farms...
4.4 Employers' attitudes
Some negative attitudes towards migrant workers
exist among employers. Well over two thirds felt
migrant workers should be locked up at night to
prevent them escaping. This view was particularly
prevalent among by livestock farmers...
4.5 Support mechanisms
Social networks play a significant role in terms of
support for migrant workers in the agricultural
sector, and family and friends provide this. More
than two thirds turn to their relatives when facing
problems or when they are in need of healthcare.
This reflects the fact that most child migrant
workers reside with their relatives or parents. None
of the workers referred to NGO staff for support.
The only chance workers had to make contact with
people was with government officials from the MOL
during the registration period. Monks or religious
leaders and employers were relatively important to
the workers. The fact that child workers rely on their
social network because they are more likely to live
with family and friends on site could perhaps help
safeguard them from exploitation in this sector...
4.6 Child labour
Under Thai law, children under the age of 15 are not
permitted to work. Although a few were interviewed,
the agriculture sector in Nakhon Pathom province
employs a greater number of children aged 15 and
up. Employers seem to regard children as being
more obedient. Children under the age of 15 were
all unregistered and underpaid when compared with
workers in other age groups. The violation of the law
and exploitation of child labour requires particular
attention.
Source/publisher:
International Labour Organisation
Date of publication:
2006-12-13
Date of entry/update:
2008-05-03
Grouping:
Individual Documents
Category:
Agricultural workers, Child workers
Language:
English, Thai
more
Description:
Conclusions:
4.1 Indications of labour exploitation
The findings illustrate a clear pattern of severe
labour exploitation of migrant domestic workers,
and in various cases evidence of forced labour.
Domestic workers surveyed in Chiang Mai and Mae
Sot reported being locked in the house unable to
readily communicate or contact the outside world.
This combined with widespread verbal and physical
abuse, extremely long working hours, a lack of
adequate rest days and non-payment, under-payment
or delayed payment of wages shows how easily substandard
working conditions can turn into working
situations tantamount to forced labour.
Some domestic workers were forced to work with
other workers in other businesses, and some didn?t
have any choice in the type of jobs they performed.
Some domestic workers worked for free for extended
periods of time as a result of their debt bondage
to employers or recruiters. As "live-in" workers,
employers often expected domestic workers to be
available to work at all times.
Migrant workers can?t freely change employers
since they lack control over their documentation
as examined previously in greater depth. Domestic
workers, like other workers, have the right to hold
onto their original ID card. However, only half of
the registered domestic workers manage to keep hold
of their original card.
Socio-cultural values and attitudes of employers often
play a role in justifying control over domestic workers?
freedom of movement. Employers don?t recognise
that they have no right to keep hold of their workers?
documents. Employers may be well-meaning and do
this in the name of "protecting" domestic workers
from dangers outside the household, but such
"protection" violates the workers? basic rights to
freedom of movement...
4.2 Legal status and registration
Possession of legal working documents can partly
protect domestic workers from harassment and
reduce the risk of arrest or detention while they are
in Thailand. However, it has been found that even
registered migrant workers continue to live in fear
of deportation.
The majority of both employers and domestic
workers have positive attitudes toward Thai policy
on registration. Despite this fact, it was pointed out
that the registration process is too complicated, is not
clearly explained to those who need to understand it
and that the timeframe for registration is too short.
The registration policy, in turn, encourages employers
to take more control over, and diminish the rights
of their workers. Not only do many employers keep
their worker?s original ID card, but some also refuse
to allow their domestic workers to register. Many
domestic workers can?t afford the registration costs,
which can be equal to several months of their salary,
or end up being in debt to their employers who
pay for them. This becomes a reason for employers
holding their worker?s original work permit. There
is no mention of whether or not the workers receive
their original ID back once the debt to an employer
is repaid in full.
Non-registered domestic workers are more likely
to face a greater degree of oppression in terms of
constraints on leaving their employment, and with
regard to payment and days off permitted than
registered migrant workers...
4.3 Working conditions
The risk of labour exploitation is high in light of the
fact that the majority of domestic workers don?t know
about their working conditions until they arrive at
the home of their employer. Employers determine
working and payment conditions. A third of domestic
workers have to do both household chores and work
relating to the employer?s business. According to the
Thai LPA (1998), this means they should no longer
be referred to as "domestic workers", and they should
be protected under Thai labour law.
Almost all (98%) the domestic workers surveyed
worked more than a standard eight-hour day. About
two thirds work more than 14 hours a day. It is worth
noting that they have to be available for work at any
time, whether it is inconvenient or not, based on the
needs of the employer.
In general, the amount earned by a manual worker
varies depending on the number of hours worked, but
this is not the case among migrant domestic workers.
Migrant domestic workers earn less than workers in
other sectors. About 40% receive a monthly salary of
less than 1,000 baht, while only 11% receive more
than 3,000 baht per month. This is well below the
Thai national standard minimum wage, with most
Thais earning at least 4,500 baht a month depending
on their workplace. Nobody involved refers to
overtime payments.
The situation is even worse when considering that
only a small proportion (7-17%) of domestic workers
receive regular weekly, monthly or annual leave.
Younger and unregistered domestic workers, on
average, work longer hours, receive lower pay and
receive less or no regular day off.
Employers perpetuate a number of myths to justify
the long working hours, lack of regular days off
and low wages of domestic workers. Firstly, it is
widely thought that domestic workers are able to
relax while employers are not at home. The current
study debunks this myth since many domestic
workers were overworked, working in more than one
workplace, with many different tasks to do and rarely
any time alone in the house. The second myth is that
domestic workers are able to take rest days whenever
they want. Most domestic workers were unable to
take leave and didn?t receive the minimum number
of annual days off, to do so would risk them losing
their job or having their pay reduced...
4.4 Child domestic labour
In-depth interviews were held with two extremely
young domestic workers, aged 9 and 10. In the
survey of domestic workers, 20% were aged under
18. Employers suggested they like to hire children
as domestic workers because they are easy to control,
more obedient and diligent. Recruiters cited similar
reasons for recruiting children. Domestic work is
sometimes seen as work that is considered more
"appropriate" for children, however, child domestic
workers worked longer hours under worse conditions
for lower wages, in a "worst form" of child labour under
ILO Convention 182.
Employers indicated in the in-depth interviews that
they treat migrant domestic workers, particularly
child domestic workers, as family members. Child
domestic workers also pointed out that they are often
seen as part of the family. While this may sound warm
and friendly, in fact it can increase the children?s
vulnerability to abuse. Child domestic workers
may be treated worse since they can?t complain or
resist because they feel they are facing a "family"
obligation. Moreover, it becomes more difficult for
outsiders to intervene in "family" matters...
4.5 Support mechanisms
Since domestic workers are isolated in their employers?
residences they lack the usual mechanisms of family
and friends as support mechanisms for work-related
problems. Recruiters, who are sometimes relatives or
friends of the migrant, offer a key support structure
for domestic workers as they live in Thailand, have
the ability to visit the domestic workers regularly
and speak the same languages. Recruiters at least
offer domestic workers some contact with the outside
world and may be a starting point for possible future
interventions.
As live-in migrant domestic workers, contact with
the outside world is limited. However, mobile phones
now help many workers feel less isolated so they can
talk to other people, even if they can?t meet with
them. The migrant domestic workers express their
willingness to meet and share their experiences with
others. And some of them are interested in studying
or continuing their studies in or
Source/publisher:
International Labour Organisation
Date of publication:
2006-12-13
Date of entry/update:
2008-05-03
Grouping:
Individual Documents
Category:
Child workers, Domestic Workers from Burma
Language:
English, Thai
more
Description:
Conclusions:
4.1 Indications of labour exploitation
The findings clearly show that being forced to work
is not uncommon in the fishing sector. About a fifth
of migrants have either previously experienced being
forced to work or are currently being forced to work.
Migrants working on fishing boats, female workers in
fish processing and children tend to experience forced
labour more than male workers in fish processing
and adult workers in general. The findings show
that employment aboard fishing vessels often means
working in extremely poor conditions, far worse than
those in the fish processing sector. It is no surprise
that migrant workers who are being forced to work
are more likely to end up working aboard fishing
boats. Being undocumented makes migrants even
more vulnerable to forced labour.
Physical and verbal abuse by employers is common
in the fishing sector, and alarmingly this seems to be
more commonly faced by child workers (aged under
15). While migrants work under poor conditions,
almost half of them feel they can't leave their job
because of certain constraints, mostly relating to fear
of arrest by the police. Migrants under 15 years of age
pointed to such constraints to a greater degree than
adult migrants. Somewhat surprisingly, registered
migrants feel there are more constraints preventing
them from leaving their current employment than
unregistered migrants. About two fifths of registered
migrants fear arrest by the authorities if they leave
their job. This implies that being registered does not
help all migrants feel any safer.
The fact that up to two thirds of registered migrants
do not have control over their documents explains
in part why registered migrants are still worried
about getting arrested. Keeping hold of the originals
of migrants' documents not only reflects a means
through which employers can prevent workers from
switching jobs, but it also highlights employers'
ignorance of the right migrants have to hold onto
their own documents. Some employers who keep
migrants' documents openly said they did not want
migrants to act, "as if they were Thai nationals who
could independently go anywhere, or leave their jobs
if they are not happy with them". This clearly shows
that many employers feel migrants should not be
treated the same as Thai nationals. It is consistent
with the results from the survey, which show that only
half of the employers surveyed agree that migrants
should have the same rights as Thai workers...
4.2 Legal status and registration
A migrant worker's legal status does not fully
guarantee his or her safety from exploitation at
the destination, however, it does, to a large extent,
reduce the possible scope of exploitation. Being
undocumented, for example, appears to increase the
chance that a migrant worker would be exploited at
work.
Studies reveal that compared to registered migrants,
unregistered (undocumented) migrant workers
tend to receive lower wages, work for longer hours,
start work earlier and have less rest time than their
documented counterparts. A far higher proportion of
migrants employed on fishing boats are unregistered
than those employed in fish processing. They live
and work in vulnerable conditions party because of
their undocumented status.
Although both employers and migrants in general
have positive attitudes regarding registration,
there are a number of difficulties. Migrants cross
the border into Thailand all the time, however,
the registration period is fixed. Therefore, hiring
undocumented migrants is still common since
employers need to hire workers and migrants are
readily available to work, no matter what their
legal status happens to be. Although arranging for
registration is the employers' responsibility, some
employers seem to be ignoring this important step.
As for migrants, it is not clear whether migrants
are fully aware that this step is the responsibility of
their employers. Nevertheless, knowing their rights
and the employer's responsibility does not guarantee
that migrants' rights will be fulfilled as the migrant
workers are unlikely to act without strong support
from the Thai government...
4.3 Working conditions
Most migrants work in very poor conditions. They
work for 12 hours on average, start working early,
even before 4 am on days when there is a heavy
workload, and almost half only get half an hour or
less break time per day. While almost 80% have
regular days off per month, less than a tenth are paid
for these days off. Given the nature of the work in
the fishing sector, it is understandable that some
migrants may need to start working very early,
however, working such long hours should be deemed
unacceptable, as should night work for children.
About a fifth of migrants work over 15 hours a day,
which is intolerable for a normal person.
As well as long working hours, evidently the minimum
wage is not commonly applied when hiring migrant
workers. In addition, if migrant labourers work for
more than eight hours a day, this does not guarantee
they receive wages at a rate above the minimum.
More than half the migrant workers who work for
more than eight hours a day still receive less than
the minimum wage. Migrant workers employed on
fishing boats receive particularly low rates of pay.
Most jobs for migrant workers in the fishing sector
are insecure due to variable work schedules and pay
methods, such as profit-based systems or piece rates.
Most migrant workers are treated the same as casual
workers with no benefits.
Migrants employed on fishing boats clearly work
in inferior conditions, in nearly all aspects, when
compared with migrants employed in fish processing.
Jobs on fishing boats are less attractive than in fish
processing factories because the nature of work is
tough, dangerous and it is lonely being far away
from family. Fishing boat employers explained that
they often had to take desperate steps to try and
recruit workers, despite offering incentives, such
as payments in advance. Despite such incentives,
it still seems as though jobs aboard fishing vessels
are the "last resort" for migrant workers. In light of
this, migrants working aboard fishing vessels may
be those who have nowhere else to go, or those who
have fewer job opportunities, such as unregistered
migrants or child workers. This could easily force
these workers into more vulnerable situations than
other migrant workers...
4.4 Child labour
Most of the children in this survey seem to be working
under the "worst forms" of child labour. Work on
fishing boats by its very nature may be considered a
worst form and therefore should not be performed by
children under the age of 17 years in accordance with
ILO Convention 182.
In fish processing, where children work for long hours
or start before 6am, this might also be considered
a worst form of child labour. Otherwise, under
regulated conditions, children aged 15 and over
may work in fish processing factories. Addressing
the worst forms of child labour in the fishing sector
needs an immediate response. Migrants under the
age of 15 made up 15% of the fishing sample despite
the fact that this contravenes Thai labour law (and
the ILO Convention 138 on Minimum Age which
Thailand has ratified).
Although very few employers openly admit they prefer
to employ children, employers implicitly expressed
a preference to hire children because they are fast
workers, obedient and cheaper than adult migrants.
While employers see the benefits of hiring younger
migrants, they do not fully see the responsibilities.
Some employers do not view child workers as "real"
workers, but more as children simply helping out
their parents. However, the migrant survey clearly
shows children are not simply acting in support roles.
In fishing, children are working even longer hours
than adult workers whilst receiving less supp
Source/publisher:
International Labour Organisation
Date of publication:
2006-12-13
Date of entry/update:
2008-05-03
Grouping:
Individual Documents
Category:
Child workers, Fishery workers
Language:
English, Thai
more
Description:
Conclusions:
4.1 Indications of labour exploitation
While there are few outright cases of forced labour,
10% of migrant workers in manufacturing feel
the fact their employer holds their documents is a
constraint preventing them from leaving their job,
while 9% feel the threat of the employer reporting
them to the authorities also acts as a constraint
preventing them from leaving their job...
4.2 Working conditions
The most common form of abuse of migrant workers
employed in manufacturing is working extremely
long hours. A total of 7% of migrant workers have
faced physical abuse from their employers.
The average migrant worker employed in
manufacturing is paid only about half of what
they are entitled to when considering the standard
minimum wages under the LPA and according to the
time they actually work. Migrant workers often feel
unable to bargain with their employers effectively or
even know whom to contact to inform them about
their rights at work because they do not speak Thai.
Employers' associations and officials should address
the issue of language barriers faced by migrants.
Many employers do not take responsibility for
workers who are badly injured on the job on the
basis that the worker does not have a contract of
employment. A major concern and challenge for the
labour movement concerning migrant workers is the
fact that they are not permitted to form unions, and
in effect it is difficult for them to join Thai unions
or to see the value in joining Thai unions which
currently do not protect migrant workers' rights...
4.3 Legal status/Registration
Employers highlighted a number of problems with
the registration process, including the fact that
officers responsible for the registration process are
ill-prepared and the number of available officers is
insufficient. The registration period of one year is
viewed as not being long enough. Dissemination
of information about the registration process by the
Ministry of Labour is not sufficient. Employers waste
a lot of their time and their workers' time going
through the registration process. Many migrant
workers continue to fear harassment or be actually
harassed by the police even though they have a
valid work permit. Employers faced corrupt police
officers and in some cases paid up to 10,000 baht per
undocumented migrant they hire to police officers in
order to avoid prosecution...
4.4 Support mechanisms
Many migrant workers are less likely than Thais to
access state-healthcare services due to their isolation,
language barriers and a lack of information.
Source/publisher:
International Labour Organisation
Date of publication:
2006-12-13
Date of entry/update:
2008-05-03
Grouping:
Individual Documents
Category:
Child workers, Factory workers
Language:
English, Thai
more
Description:
"...Thailand has emerged as the number one destination in cross-border trafficking of children and women. Many children and young women from Myanmar, Cambodia and Lao PDR migrate to Thailand in search of better life. Often their journey leads them to a life of exploitation. A significant percent of these young migrants work in four employment sectors; agriculture, fishing boats and fish processing, manufacturing and domestic work. While they become an integral part of the economy, they remain invisible and face exploitation. Exploitation is widespread and ranges from non-payment or underpayment of wages, a requirement to work excessive hours sometimes involving the use of hazardous equipment - to even more serious violations of forced labour and trafficking..."
Elaine Pearson, Sureeporn Punpuing, Aree Jampaklay, Sirinan Kittisuksathit, Aree Prohmmo
Source/publisher:
Mekong Sub-regional Project to Combat Trafficking in Women and Children, ILO
Date of publication:
2006-12-13
Date of entry/update:
2008-04-12
Grouping:
Individual Documents
Category:
Trafficking: global, regional and national reports, Trafficking of migrants, Child workers, Domestic Workers from Burma
Language:
English
Format :
pdf
Size:
2.46 MB
Local URL:
more
Description:
"Migrant children in Mae Sot are faced with excessive
working hours, lack of time off, and unhealthy
proximity to dangerous machines and chemicals.
They also endure the practice of debt bondage and the
systematic seizure of their identification documents.
Indeed many of these children in Mae Sot can most
accurately be described as enduring the "worst forms
of child labour, prohibited by the International Labour Organization's Convention No. 182 - a Convention that the Royal Thai Government ratified in
February, 2001.
These child workers reported that they were virtually forced to remain at the factory due to restrictions placed
on their movements by factory owners, and by threats of arrest and harassment by police and other officials
if they were stopped outside the factory gates. Put succinctly, Mae Sot has perfected a system where children
are literally working day and night, week after week, for wages that are far below the legal minimum wage,
to the point of absolute exhaustion..."
Philip S. Robertson Jr., Editor
Source/publisher:
International Labour Organisation
Date of publication:
2006-00-00
Date of entry/update:
2007-04-04
Grouping:
Individual Documents
Category:
Child workers, Children, Burma-related legislation and human rights issues in Thailand, Domestic Workers from Burma
Language:
English
Format :
pdf
Size:
4.46 MB
Local URL:
more