LABOUR PROTECTION OF PRISONERS FROM EMPLOYMENT CASE STUDY COMPARISON TO FOREIGN LAW

Abstract

The objectives of this research were: 1) to study the meaning, background, concept, and theory related to Labour protection of prisoners from employment. 2) Analyze legal measures related to Labour protection of prisoners from employment case studies under foreign laws. 3) Study and analyze the problems and obstacles to Labour protection of prisoners from employment. 4) Suggest guidelines and appropriate measures for Labour protection of prisoners from employment. The way the research is done is through qualitative research through documentary research, which studies the concept, theory, foreign law, and Thai law. At Labour Protection of Prisoners from Employment.

In the study results, it was found that putting prisoners to work, and vocational training are important. Most of them use prison labor to work in a manner that does not produce professional knowledge and skills for the inmates as they should. And as for the work of the prisoner, it is determined to be in accordance with the Corrections Act B.E. 2560, Section 49, that the prisoner must work according to the order of the officer; it was not caused by the voluntary participation of the prisoners themselves. Officers may exercise their power to order. In which the prisoner may not be willing to do that job. There is no provision that gives prisoners the right to choose what kind of work they can do. Because the job description for inmates to do is at the discretion of the prison staff only. In addition, prisoners are not entitled to wages for the work they have done. As for getting paid or not, it depends on the work that has been done. The protection of prisoners' rights is very different from the protection of their employment rights. The laws related to the work of inmates have been in force for a long time without being modified to fit with today's society.

Therefore, the recommendations of this study propose to revise the Corrections Act B.E., which gives inmates the opportunity to choose jobs according to their interests, aptitudes, or as appropriate to them. A prisoner's working style outside the prison should be enhanced. Or employment that is as close to employment under the labor law as possible. There is a minimum wage requirement. And prisoners should have the right to be paid for the work they do. By specifying the employment rate according to the suitability of the job. And the laws related to the work of prisoners should be amended to be in line with the minimum standards for treating prisoners on a par with other civilized nations. For the inmates to be able to apply the knowledge gained from working and vocational training during imprisonment to a career after being released from prison.