2002 Fiscal Year Final Research Report Summary
Research on adjustment with ILO-standards and an estrangement between law and reality in Thai Labor Law
| Project/Area Number |
13620070
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Social law
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| Research Institution | Ritsumeikan University |
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Principal Investigator |
YOSHIDA Mikio College of Law, Professor, 法学部, 教授 (70148386)
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| Project Period (FY) |
2001 – 2002
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| Keywords | Thailand / Thai Labor Law / globalization / collective labor law / labor protection law / Joint Consulting Committee / Labor Relations Act / Labor Protection Act |
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| Research Abstract |
To fill up an estrangement between law and reality is a basic problem. In a developing country such as Thailand, this problem has two sides, one is internal and another is external. The latter is important under the condition of the globalization.
From the point of view of globalization, there is an important difference between collective labor law and labor protection law. In a sphere of the labor protection law, Thai Government pursued adjustment with ILO-standards. This attitude is seen in the legislation of Labor Protection Act in 1998. However, in the sphere of collective labor law, so as the case of attempts to reform the Labor Relations Act of 1975, there is no intention to strengthen the status of a labor union. It is because employer does not want it. Labor union is an obstacle to compete with foreign companies.
Which direction is proper to reform Thai Labor Law? Through the experience of currency crisis in 1997, people have come to a new understanding of the good points of the traditional norm of Thailand. However it does not mean to go back to authoritarian regimes, but to cooperative labor relations. The organ thereof is Joint Consulting Committee, which is regulated in the draft of New Labor Relations Act. Besides, the draft includes the idea to attach importance to collective bargaining, consultations and the procedures to solve labor conflicts. The reform become to be successful or not is crucial for the future of Thai Labor Law.
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Research Products
(6 results)
