Professional Documents
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INTRODUCTION
The Initiative on Draft ASEAN Agreement on the
Promotion and Protection of the Rights of Workers
According to the ASEAN labour situation, ASEAN
workers now are facing various problems which
impacts on their rights, irrespective of whether she
or he is working under a contract of hire or not,
whether she or he is self-employed, agricultural
workers, temporary contract workers, labour
agencies, workers who work in the territory of
another ASEAN Member State, frontier workers, as
well as migrant and third-country workers
altogether with their families. The efforts here are
to protect and support human dignity of all workers
in ASEAN through developing ASEAN standard and
mechanism.
As of the main independent state agency of
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Thailand, LRCT found importance to come up with
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benefit for the people and the country. This shall include
revise and development of the law in corresponds to the
word and meaning of the constitution, the machinery of
the judicial process, due process of law, law enforcement,
adjudicative law, drafting law, that is to revise and
development of the law at all process. Access LRCT at:
http://www.lrct.go.th/en/
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th
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RATIONAL OF DRAFTING
ASEAN AGREEMENT ON THE
PROMOTION AND PROTECTION
OF THE RIGHTS OF WORKERS
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Member State,
those defined as frontier
workers, as well as migrant and third-country
workers altogether with their families.
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Article 8
Article 9
Article 10
Article 11
Article 12
Article 13
Article 14
Article 15
Article 16
Right to Nationality
Right to Health
Right to Training and Education
Right before the Law
Right to Compensation
Right to Housing
Right to Found a Family
Right to Freedom of Movement
Rights of Migrant Workers
Implementation
Reporting
Review of the Report
Rights and Duties of the Committee
Communications
General Provisions
State Obligations
Amendment
Language
Final Provisions
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ARTICLE 1 DEFINITIONS
Labour
For the purposes of this Agreement, the term
labour means human activity that provides the
goods or services in an economy.
Forced or compulsory labour
1. For the purposes of this Agreement, the
term forced or compulsory labour shall
mean all work or service which is exacted
from any person under the menace of any
penalty and for which the said person has
not offered herself/himself voluntarily.
2. For the purposes of this Agreement, the
term forced or compulsory labour shall
not include.
(a) any work or service exacted in virtue
of compulsory military service laws for
work of a purely military character;
(b) any work or service which forms part
of the normal civic obligations of the
citizens of a fully self-governing
country;
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Employment
For the purposes of this Agreement, the term
employment means work or service performed
for wages under a contract of hire, which creates
the employer and employee relationship. It may
be either an expressed or implied contract.
Worker
For the purposes of this Agreement, the term
worker shall cover all persons engaged in
economic activity.
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Migrant workers
For the purposes of this Agreement, the term
"migrant worker" refers to a person who is a
worker but not a national.
Members of the family
For the purposes of this Agreement, the term
''members of the family" refers to persons
married to worker or migrant workers or having
with them a relationship that, according to
applicable law, produces effects equivalent to
marriage, as well as their dependent children and
other dependent persons who are recognized as
members of the family.
Social Protection
For the purposes of this Agreement, the term
social protection is the protection that a
society provides to individuals and households to
ensure access to health care and to guarantee
income security, particularly in cases of old age,
unemployment, sickness, invalidity, work injury,
maternity, paternity or loss of a primary earner.
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Charter of the
international law.
United
Nations
and
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to security of
provision of
relief
work,
termination of
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(hereinafter
referred
to
as
"the
Committee");
The Committee shall consist, at the
time of entry into force of the present
Agreement, of experts of high moral
standing, impartiality and recognized
competence in the field covered by the
Agreement from each of the ASEAN
Member States Parties to this Agreement.
2. Members of the Committee shall be
appointed by each ASEAN Member State
Party in consultation with civil society with
due consideration being given to gender,
expertise
and
representation
of
stakeholders.
3. Members of the Committee shall serve in
their personal capacity.
4. Members of the Committee shall serve for a
term of four years. However, the terms of
one-thirds of the members appointed in the
first appointment shall expire at the end of
two years by means of lots, immediately
after the first appointment, the names of
these members shall be chosen by lot by
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ARTICLE 18 REPORTING
1. ASEAN Member States Parties undertake to
submit to the Committee a report on the
legislative, judicial, administrative and other
measures they have taken to give effect to
the provisions of the present Agreement:
a. Within two years after the entry
into force of the Agreement for the
ASEAN Member State Party
concerned;
b. Thereafter every four years and
whenever the Committee so
requests.
2. Reports prepared, with due consideration
to participation of the stakeholders and
other civil societies, under the present
article, shall also indicate factors and
difficulties,
if
any,
affecting
the
implementation of the Agreement and shall
include information on the characteristics of
migration flows in which the ASEAN
Member State Party concerned is involved.
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ARTICLE 24 AMENDMENT
1. After five years from the entry into force of
the Agreement a request for any
amendment of the Agreement may be
made at any time by any ASEAN Member
State Party by means of a notification in
writing addressed to the Secretary-General
of the ASEAN who shall convey forthwith
the proposed amendment to the ASEAN
Member States Parties.
The amendment shall be adopted by
the ASEAN Summit within one year after the
notification.
2. The ASEAN Member States Parties and the
Committee shall duly consult relevant
stakeholders on the any proposed
amendments.
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ARTICLE 25 LANGUAGE
The present Agreement is written in English
only.
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