PROBLEM OF ILLEGAL EMPLOYMENT OF FOREIGN WORKERS IN THAILAND

Abstract

This research aimed to the issues related to the employment of illegal migrant workers in Thailand, considering (1) social and livelihood problems, (2) public health issues, and (3) national security concerns. The research was qualitative, focusing on the analysis of documents, legal texts, acts, regulations, announcements, and orders. The research includes an analysis and proposal for legal amendments. The study found that the illegal employment of migrant workers in Thailand results in several problems: (1) Social and livelihood issues, including job competition among migrant workers, theft, and conflicts arising from alcohol consumption, which have led to fear among some Thai citizens. (2) Public health issues, as illegal migrant workers were not subjected to health checks, potentially introducing new diseases into Thailand. (3) National security issues, as the illegal employment of migrant workers leads to their dispersal across the country, making it difficult to manage and oversee them. Therefore, it was suggested that the Emergency Decree on the Management of Foreign Workers (No. 2) B.E. 2561 (2018), Section 29/1, be amended to establish a Provincial Committee for the Management of Foreign Workers, comprising the provincial governor, district chief, district clerk, provincial labor officer, police superintendent, revenue officer, village headman, hospital director, and other knowledgeable or experienced individuals in labor matters, as well as the director of the provincial foreign labor management office as the secretary. Section 30/1 would grant the committee the authority to determine policies and oversee the management of foreign workers, including (1) setting policies for the management of foreign workers, (2) determining policies for recruiting and selecting foreign workers based on their knowledge and skills, (3) providing training on laws and local customs for foreign workers,