Military Leave Entitlements for Thai Maritime Workers

Abstract

This independent study aims to analyze the problems arising from the lack of military conscription leave entitlements for Thai maritime workers (Thai seafarers) under the Maritime Labor Act of 2015 (B.E. 2558). This has resulted in maritime workers being forced to resign, lose their income, and be denied job security after conscription. This restricts their freedom of employment, their civic duties, and significantly impacts their human rights.

This study utilized a comparative approach to labor laws in other countries, including Norway, the United States, and Singapore, which all have laws that support maritime workers' rights to military conscription leave without resigning from their jobs. This ensures that workers in these countries continue to enjoy income, occupation, and welfare protections.

The study found that general workers in Thailand are entitled to military conscription leave entitlements under the Labor Protection Act of 1998 (B.E. 2541). However, this right does not extend to maritime workers, as the Maritime Labor Act of 2015 places maritime workers under a specific legal system, not under labor protection laws, and lacks provisions referencing rights in general labor laws. As a result, maritime workers are denied the basic right to leave for duty as stipulated by the Constitution, impacting their right to work. Freedom of occupation and the principle of non-discrimination are fundamental principles of international human rights.

Therefore, we suggest solutions to this problem, including:

Enacting legislation regarding conscription leave rights in the Maritime Labor Act B.E. 2558 (2015) to align with the practices of countries with high labor standards, human rights principles, and the recommendations of the International Labour Organization (ILO).