Recruitment Malpractices and developing complaints and dispute - - PDF document

10/10/2012 1

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

• verseas training

2

10/10/2012 2

Statistic of Overseas Employment 2008 ‐ 2011

2008 2009 2010 2011 total

Private recruitment Agency 57,851 78,717 52,972 57,092 246,632 Local employers send their employees for training 5,304 48,725 4,272 3,826 62,127 Self arrangement 13,353 3,043 10,343 11,612 38,351 Local employers send their employees to work

• verseas

11,539 3,938 9,214 12,720 37,411

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

10/10/2012 3

Number of complaint workers, rectify and legal action, from 2009 to 2011

Year Case of Employment Case of Sub‐agent Legal Action Complaint Rectify* Complaint Rectify* Case Number

• f 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 ‐ ‐

10/10/2012 4

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

10/10/2012 5

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

10/10/2012 6

Strategies to combat malpractice and high recruitment cost

• Punished recruitment agencies whom charge excessive

commission from workers.

• TOEA now set up provincial offices where large labour

source are available.

• MOL has established volunteers (in Thai call ar‐ sa‐

smak‐raeng‐ngan) in villages and districts.

• Rules and regulations in sending Thais for Overseas

employment will be improved.

• Setting Complaints online system.

11

Thank you

12