abusesaffiliationarrow-downarrow-leftarrow-rightarrow-upattack-typeburgerchevron-downchevron-leftchevron-rightchevron-upClock iconclosedeletedevelopment-povertydiscriminationdollardownloademailenvironmentexternal-linkfacebookfiltergenderglobegroupshealthC4067174-3DD9-4B9E-AD64-284FDAAE6338@1xinformation-outlineinformationinstagraminvestment-trade-globalisationissueslabourlanguagesShapeCombined Shapeline, chart, up, arrow, graphLinkedInlocationmap-pinminusnewsorganisationotheroverviewpluspreviewArtboard 185profilerefreshIconnewssearchsecurityPathStock downStock steadyStock uptagticktooltiptwitteruniversalityweb
Article

23 Mar 2018

Author:
Human Rights and Development Foundation (Thailand)

Thailand: Court to review decision denying compensation for migrant worker death caused by injury on fishing boat

Press Release, 19 March 2018

...Ms. Hla Nyunt Sein...have filed a complaint with the Labor Court Region 7 in Kanchanaburi against the Phetchaburi SSO [Social Security Office], as defendant no. 1, WCF [Workmen’s Compensation Fund] as defendant no. 2...WCF ruled that Mr. Ko, a migrant worker who had died while working on board a fishing boat was not eligible for compensation from the WCF and instructed his employer to be held responsible for all the compensation...  Defendant no. 2 has found Mr. Ko...unqualified for access to the WCF invoking the SSO’s letter...As a result..., employers in fishing industry who do not employ workers all year long and do not engage with related business, are exempted from paying contributions to WCF...The plaintiff wants the Court to rescind the decision... since...Mr. Ko...had received permission to work on a fishing boat and received wages from Mrs. Komkai Wanich, the employer of marine fishing industry operating all year round...[H]er business should be considered a fishing business that requires a supply of labor year round and the workers are engaged with other related jobs...The fund has been provided for by law to compel employers to pay contributions...SSO has imposed terms and conditions requiring migrant workers who have got injured from work to have access to the fund only when they can produce their ID cards and work permits...The avenue would pitch the employees against their employers resulting in a protracted negotiation process...[I]n several cases, after the SSO prepared the compensation agreements agreed to by both parties, the employers have simply avoided paying the compensation...