ประเด็นข้อพิพาทเกี่ยวกับสิทธิและประโยชน์ในข้อตกลงสภาพการจ้าง : รายงานวิจัย

Abstract

Workers in Thailand were given the right to organize and the right to bargain collectively in 1972 when the ban imposed since 1958 was revoked. From the date the long-awaited freedom was allowed, thousands of industrial disputes occurred many of which culminated into work stoppages. Collective agreements concluded in the past were arbitrary and did not differentiate clearly as to labour's and management's rights and interests. The purpose of this study is to investigate whether representatives of most union and management in Thailand have become sophisticated enough to have their respective rights and interests clearly out in their collective agreements. This study is based on both primary and secondary sources of data. The questionnaires were designed and sent to 437 trade unions, 75 of which filled and returned the questionnaires. Other data were obtained from companies' rule books and selected Labour Court cases. Results of the study were as follows:- Workers' rights: The Labour law provides the workers with many types of leave of absence, but the workers through their unions demanded and negotiated for more liberal provision. A. Annual vacation: The law regulates that the employers shall grant their employees the total of six work days with full pay after the employees have served the full year of service. Collective bargaining agreement concluded later allows more days commensurate with length of service. B. Sick leave: Workers are generally satisfied with the current provision, i.e 30 work days with pay annum. Certain agreements contain clauses on whether and how annual performance evaluation should be affected by the extent of sick leave utilized by the workers. C. Other types of leave of absence: Labour-management negotiation little attention to the magnitude of leave as employers are compalled by labour law to announce clearly the rights of workers to take leave and conditions attached. The collective bargaining agreements studied, are, therefore, concerned more with the grievances that resulted from the administration of workers' applications for leave. Workers' interests: Industrial disputes have been predominantly related to wage and other monetary compensations. The collective bargaining agreements, therefore, contain many interest issues major ones of which are as follows. Wage payment: Conditions and procedures are included in 40 agreements. Cost of living allowance: This item is gradually merged into wage rate, but a large number of CBA contain this issue. Overtime payment: Though the agreement, in fact, is the repetition of the law, both union and management still discussed and recorded their agreement to help prevent possible breach and abuse. Other interests: Other interest issues relating to monetary compensation are on wage adjustment along with minimum wage raise, bonus, commission, medical allowances. etc. In general the substance of the agreement is predominantly just the solution to prior grievances. Grievances that motivated workers to unite are mainly payment for their contribution. Both rights and interest issues contained in current collective bargaining agreement, therefore, lack sophistication. They do not cover collective right of the union, union and job security clause, wage escalation clause, productivity clause etc., as commonly found in the collective bargaining agreement of industrialized countries.