Thailand

Freedom of Association Indicator

The Labour Rights Index 2024 (LRI 2024) is a de-jure index covering 145 economies and structured around the working lifespan of a worker. In total, 46 questions or evaluation criteria are scored across 10 indicators. The overall score is calculated by taking the average of each indicator, with 100 being the highest possible score. The Index uses a rating system, ranging from “Total Lack of Decent Work” to “Decent Work”. The Labour Rights Index aims at an active contribution to the Sustainable Development Goals, by providing necessary (complementary) insights into de jure provisions on issues covered in particular by SDG8 (Decent Jobs), SDG 5 (Gender Equality), SDG 10 (Reduced Inequalities) and SDG 16 (Strong Institutions). The Index is based on national labour legislation, applicable on 1 January 2024.

Thailand’s overall score is 64 out of 100. The overall score for Thailand is lower than the regional average observed across South East Asia (65). Within the South East Asian region, the highest score is observed for Viet Nam (77.5).

United Republic of Tanzania ratified Convention No. 87 on Freedom of Association and Protection of the Right to Organise (1948) in 2000 and Convention No. 98 on the Right to Organise and Collective Bargaining (1949) in 1962.

Question

Answer

Score

Legal Basis

More Info

Does the law allow workers to form and join unions of their own choice?

No

0

§88 of the Labour Relations Act 1975; §23 of Private Institutions of Higher Education Act 2003

Does the law allow workers to bargain collectively with employers through their representative unions?

Yes

1

§10-15 of the Labour Relations Act 1975; ITUC Global Rights Index 2024 (Thailand profile)

Does the law provide for the right to strike?

No

0

§103(8) of the Labour Relations Act 1975; §33 of the State Enterprise Labour Relations Act, 2000

Does the law prohibit imposing of excessive sanctions against striking workers?

No

0

§77 of the State Enterprise Labour Relations Act 2000

Textual sources

A : National Law

National Labour Legislation

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations (latest report)

C : ITUC

ITUC: ITUC Global Rights Index

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices

LRI Country Score
The Labour Rights Index has 10 indicators and 46 sub-indicators. The LRI Country score averages 10 indicators and ranges between 0 and 100. The lowest and highest scorers are Nigeria (29/100) and Belgium/Greece (96/100). https://labourrightsindex.org/  

Freedom of Association Indicator
The Freedom of Association indicator is composed of 4 sub-indicators. Scoring is done through the binary method (0 or 1). The score ranges between 0-100. 

Trade union density rate (%)
The trade union density rate conveys the number of union members who are employees as a percentage of the total number of employees in the country. For updated statistics on trade union density, please check ILOSTAT

Collective bargaining coverage rate (%)
The collective bargaining coverage rate conveys the number of employees whose pay and/or conditions of employment are determined by one or more collective agreement(s) as a percentage of the total number of employees in the country. For updated statistics on collective bargaining coverage, please check ILOSTAT

SDG indicator 8.8.2
SDG indicator 8.8.2 measures national compliance with fundamental labour rights (freedom of association and collective bargaining or FACB). It ranges from 0 to 10, with 0 being the best possible score (indicating higher levels of compliance with FACB rights) and 10 the worst (indicating lower levels of compliance with FACB rights). It is based on six ILO supervisory body textual sources and national legislation.
For an updated assessment on SDG indicator 8.8.2, please check ILOSTAT. 

ITUC Global Rights Index 2024 Ratings
The ITUC Global Rights Index depicts the world’s worst countries for workers by rating 148 countries on a scale from 1 to 5+ on the degree of respect for workers’ rights. Violations are recorded each year from April to March.  For a detailed description of ratings and methodology, please follow the link

Information

Source: §88 of the Labour Relations Act 1975; §23 of Private Institutions of Higher Education Act 2003

A : National Law

National Labour Legislation

"Private Institutions of Higher Education Act 2003 Section 23. A business of private institution of higher education is not subject to the law on labour protection and the law on labour relations. The workers of the private institution of higher education shall have remuneration of not less than those prescribed in the law on labour protection. A labour protection and remuneration of the workers in the private institution of higher education shall be in accordance with the criteria prescribed in the Ministerial Regulation. Labour Relations Act Section 88 Persons who have the right to establish the labor union shall be employees of the same employer or being employees who work in the same undertaking irrespective of the number of the employer, being sui juris and having Thai nationality."

Information

Source: §10-15 of the Labour Relations Act 1975; ITUC Global Rights Index 2024 (Thailand profile)

C : ITUC

ITUC Global Rights Index (country legal profile)

"Workers who constitute at least 15% of the workforce, or a union whose membership represents at least 20% of the workforce, may submit demands for collective bargaining."

Information

Source: §103(8) of the Labour Relations Act 1975; §33 of the State Enterprise Labour Relations Act, 2000

A : National Law

National Labour Legislation

"State Enterprise Labour Relations Act, 2000 Section 33. In any case, there is a prohibition of a Lock-Out by an Employer or a Strike by Employees Labour Relations Act Section 103 The labor union may undertake the following acts upon a resolution of the general meeting; (1) to amend its regulations; (2) to perform any act which may be detrimental to common interest of its members; (3) to elect director or auditor, or to certify balance sheet, annual report and annual budget; (4) to allocate money or properties to be welfare of its members or public interest; (5) to dissolve the labor union; (6) to merge with other labor unions; (7) to establish or being member of the employee federation; (8) to strike in the case where there is an unconcluded labor dispute under Section 22 paragraph three. In this case, the vote for the strike shall be made by secret ballot and a resolution is made by more than one-half of the total number of members of the labor union."

Information

Source: §77 of the State Enterprise Labour Relations Act 2000

A : National Law

National Labour Legislation

"A person who violates section 33 shall be punished by an imprisonment of not more than one year or a fine of not more than twenty thousand baht or by both. A person who instigates an offence under paragraph one shall be punished by an imprisonment of not more than two years or a fine of not more than forty thousand baht or by both"