Press Release: Labour Court Region 8 ordering employers to pay unpaid wage to six migrant workers in construction business the amount of 35,260 baht plus late interest rate at 15% per annum
|
23 November 2022
Press Release
Labour Court Region 8 ordering employers to pay unpaid wage to six migrant workers in construction business the amount of 35,260 baht plus late interest rate at 15% per annum
Pursuant to the complaint filed by six migrant workers from Myanmar with the labour inspector of the Phang-Nga Labor Welfare and Protection Office on 19 May 2022 regarding how the employers in construction business have hired the six workers at a construction site of a municipal school in Phang-Nga during January-March 2022;
As they were supposed to get paid, the employers failed to pay them the amount of 35,260 baht. Even after the workers and the Foundation for Education and Development (FED) in Phang-Nga have met with the employers and asked for the payment, and it was agreed that the money would be paid in four installments. It turned out the employers have failed to do so. After reviewing facts of the case and legal provisions, the labour inspector issued the order no. 9/2565 on 1 July 2022 instructing the employers to pay the outstanding wage plus late interest rate at 15% per annum until all debt is serviced. The employers acknowledged the instruction but failed to challenge it with the court within 30 days. As a result, the six workers have filed the case with the Labour Court Region 8 against their employers asking the court to order them to act in compliance with the labour inspector’s order.
On 28 October 2022 when the hearing was to take place, the employers failed to turn up. The court thus unilaterally ruled and ordered the employers to pay the six migrant workers the amount of 35,260 baht plus late interest rate at 15% per annum based on the capital of each payment from 2 March 2022 to the plaintiffs no. 1-2 and the plaintiffs no. 3-6 from 21 March 2022 onward until all the debt to the six plaintiffs is serviced.
Lawyer Kritsada Sunyadd said that migrant workers are recruited as subcontracted workers in a construction project of public building which has to undergo the bidding process pursuant to the “Public Procurement and Supplies Administration Act, B.E. 2560 (2017). Its Section 8 provides that procurement and supplies administration by a state agency must generate optimal benefits to the state agency and must conform with the principles of value for money, transparency, efficiency and effectiveness and accountability in the procurement process. Such law still lacks a requirement of human rights due diligence concerning the procurement by a state agency. There have been case studies of migrant workers being employed in public construction projects, and it was found that their rights under the Labour Protection Act have been violated similar to what happened with the six migrant workers. This is yet to mention hundreds of migrant workers who have got injured from working in public projects, but their employers have impeded their access to remedy under the Workmen’s Compensation Fund Act. Therefore, the state should consider amending the law to ensure public agencies are required to conduct human rights due diligence on any private organizations and state enterprises that may benefit from the procurement process of the state.
For more information, please contact:
Mr. Kritsada Sunyadee, attorney, Phone: 099 419 4699 E-mail: [email protected]