Suzuki Motors Thailand LTD – Union Filing ILO Petition Against Thai Government 

Thu, 3 December 2015 | Read 1815


	Suzuki Motors Thailand LTD – Union Filing ILO Petition Against Thai Government 

Workers at Suzuki Motors Thailand Co., Ltd., in Rayong Province wanted to improve the working conditions of low pay job by requesting to increase their bonus payment including improving fringe benefits at their factory after comparing with the other brands. Hoping to improve wage pays, workers submitted a collective bargaining demand to employer. Without regarding to the laws, the company sacked 10 union activists who involving in a demand. The sacked workers then file a complaint of unfair dismissal at the Labor Relations Committee (LRC) and subsequently workers won a reinstatement orders. Employer appealed the case to the Centre Labor Court to overturn the decision. Again, the Centre Labor Court upheld the LRC’s decision in favor of the reinstatement. Despite both the Labor Relations Committee and the Centre Labor Court came out in favor workers’ position, employer is still refusing to comply with the court decisions.

In this case, workers have no choice but to file a complaint to the ILO to investigate the case which Suzuki Motors Thailand Co., Ltd., has grossly violated the ILO Convention Nos. 87 and 98 on rights to Freedom of Association and Collective Bargaining Demand.

Series of Events Leading to Violation of Freedom of Association Rights of the Suzuki Motors Worker’s Union of Thailand:
17 December 2013 – Suzuki workers submitted a collective bargaining demands to employer
20 December 2013 – workers and management met to negotiate on the demands but failed to come up with the agreement
21 December 2013 – Workers filed a labor dispute case at the provincial Labor Protection and Welfare Office in Rayong
25 December 2013 – The agreement was signed after the government official intervening. During mediation, employer agreed not to harass or dismiss workers who involved in submitting a demand.
26 December 2013 – Suzuki Motors Workers’ Union Thailand was formed and on the same day, employer dismissed 9 union leaders plus one more worker in a total of 10 workers on various charges, ranging from committing crime against the company, abandoning work, stealing company’s property, deformation and using company e-mail.
14 January 2014 – The union filed a complaint of unfair dismissal against employer at The Labor Relations Committee (LRC)
9 April 2014 – LRC came out with a decision in favor of reinstatement order, citing the Labor Relations Act of 2018. In the decision, The LRC stated that 9 workers should be reinstated except one worker who did not pass a parole at work. However, employer failed to comply with the LRC’s order
12 June 2014 – Employer submitted an appeal to overturn the LRC’s decision at the Centre Labor Court.
15 March 2015 – Tragedy struck, one of union leaders committed suicide because of family problems, distressing from his unemployment situation
24 March 2015 – The last court hearing at the Centre Labor Court
25 May 2015 – The Centre Labor Court came out with a decision to uphold the LRC’s decision.

Details of the Centre Labor Court’s decision:
1.)   Employer must reinstate 9 workers to the same positions and retain them under the same working conditions.
2.)   Employer must pay bonus under the collective bargaining agreement, signed on 25 December 2013, including a payment of 15%/year interest.
3.)   Employer must pay social benefits that workers should receive it prior to dismissal up to when workers return to work, including a payment of 15% /year interest.
4.)  Employer must adjust annual wage of 2013 which amount to 6% of worker’s salary and adjust salary according to worker’s position under the wage structural framework.

30 June 2015 – The 9 workers wrote a letter to employer, making a request to return to work but no response from employer.
7 July 2015 – The union submitted a letter on behalf of 9 workers to employer, requesting to return to work but once again with no avail.

Remark:  At present, Suzuki Motors Thailand Ltd. is still refusing to uphold the Fundamental Principal Rights at Work of the ILO Convention Nos. 87 and 98 on rights to Freedom of Association and Collective Bargaining Demand of workers at Suzuki Motors Thailand Co., Ltd., by failing to comply with reinstatement’s orders of the Labor Relations Committee and the Centre Labor Court’s decision.

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