Managing foreign labor in the context of Thai society under Working Management Emergency Decree 2017

Abstract

Foreigners’ Working Management Emergency Decree (2017) has been enacted for half a decade. The decree vastly effects on economy and social relation of both Thai society and foreign workers. This study aims at using law and society approach with the post-colonial theory to make a socio-legal explanation on Thai foreigners’ working management system respecting to information gathered from focus group seminar with the law’s stakeholders, foreign workers, employer, agent and Thai state. Research shows Thai state has designed foreigners’ working management system as internal post-colonial upon foreign workers. To create the post-colonial system and subaltern status of foreign workers, especially on foreign workers who are memorandum of understanding labors (the MOU foreign workers), Thai state enacted the emergency decree which weaken their legal environment, their economy, and their negotiating power. In addition to subordinate the workers, Thai state tend to manage the interest of foreign workers and other stakeholders by using strong enforcement of both criminal and administrative laws. Unfortunately, operating strong power is way of control, rather than collaboration and trust-making approach. As a result, the basic objectives of the decree; protecting human rights, developing socio-economy, and maintain security of the state, become unsuccessful. Thai state should reconsider the option of using authoritarian polices and should focus on empowering foreign workers which could be helpful to sustainable in both economy and security.