JELI’s Newsletter March 2023

In March 2023, the main activity organized by #JELI was a seminar to exchange policy ideas to protect the rights of platform workers, particularly delivery riders, called “This is what you see” and “This is what happens” Platforms Riders 2023: Exchanging Ideas and Campaigns on the Policies to Reinforce Safety Working Condition and Protection of Rights in the Workplace. The event took place on March 18, 2023, at the Bangkok Art and Culture Centre. The seminar provided a space for riders’ representatives to share their experiences and challenges they face in their work, focusing on safety issues and the lack of protection from accident insurance. Additionally, the event featured a panel discussion with young online media influencers who exchanged ideas about labor rights issues that riders are currently facing. The event concluded with a Q&A session on the policies of political parties that may be involved in protecting the rights of this group of workers.

In addition, there are other significant labor-related news topics that should be put in consideration, which include:

  1. On March 10, 2023, representatives from the Thai Rider Association filed a complaint with the Director-General of the Department of Internal Trade, Ministry of Commerce, regarding unfair employment practices and unjust reductions in delivery fees due to continual changes in platform companies’ policies.
  2. On March 21, 2023, Pisit Lee-Atham, a party-list MP from the Democrat Party (Thailand), submitted a letter to the National Human Rights Commission (NHRC) requesting a review of the employment status of riders, whether they should be defined as employees of platform companies or not. This is to enable the NHRC to provide recommendations to relevant government agencies, particularly the Ministry of Labor.

As for the meetings and seminars that the representatives of JELI participated in during the past month, they are as follows:

  1. JELI representative, Dr. Kriangsak Teerakowitkajorn, the director, participated in the meeting “Rider issues, Demands for Workers Rights, Proposals for a Change, and Policy Advocacy Development”, providing knowledge and advice on promoting the advocacy proposal to improve the working condition and other benefits of the delivery rider group. It was held on March 6, 2023, by the Local Development Institute.
  2. JELI representatives attended the seminar “Women Together Stand for Good Society & Good Politics” on March 14, 2023, co-organized by the Institute for Gender and Development Research under the Association for the Promotion of the Status of Women – King Prajadhipok’s Institute, and four other organizations.
  3. Dr. Kriangsak participated in the online meeting “Southeast Asia Dialogues #1: Feminist Research” in which he exchanged ideas and reflected on the lessons learned from conducting research through the lens of feminism. The event was held on March 23, 2023, and was organized by the Tea Leaf Center.
  4. JELI organized the event: Collaborative Workshop for Medical and Healthcare Workers in Thailand and Korea, held on March 25, 2023. The event provided a space for healthcare and medical workers from both Thailand and Korea to come together and exchange experiences, reflecting on lessons learned about the means to strengthen collective bargaining for better quality of life and working conditions.

Important News

The Thai Rider Association Filed a Complaint with the Ministry of Commerce, Alleging Platforms of Unfair Treatment in Employment and the Unjust Reduction of Compensation Fees Per Trip of Delivery

On March 10, 2023, the Thai Rider Association, along with a number of rider representatives and the Public Taxi Association, submitted a complaint to the Director-General of the Department of Internal Trade under the Ministry of Commerce. The complaint highlighted issues related to platforms’ unfair employment practices and the unjust reduction of compensation fees that riders made per trip of delivery. The main points of the complaint are as follows:

  1. Unfair employment contracts result in continuous reduction of compensation fees for riders over the past 4-5 years.
  2. The delivery compensation does not reflect the actual costs that riders have to bear while working. The platform should have a standard rate and that such a rate should be higher than the current one particularly in the Bangkok area. Additionally, the amount of compensation per round of delivery in other provinces should not be significantly lower than those in Bangkok, as riders in different provinces have to bear the same fuel costs.
  3. Several riders have been unfairly suspended from the system and unable to accept jobs.

After submitting the complaint, the Director-General confirmed that they would consider and investigate the matter, as well as further study the demands to find a proper solution to the problem.

Democrat Party (Thailand)’s Representative Submitted a Letter to the NHRC Asking for Clarification on Whether “Delivery Riders” Should be Considered as “Employees” According to the Existing Labor Law or Not

On March 21, 2023, at around 11.00 am, Pisit Lee-Atham, a party-list member of parliament (MP) from the Democrat Party (Thailand), submitted a letter to the National Human Rights Commission (NHRC) requesting consideration and clarification of the employment status of food delivery riders who work through platform-based systems, whether they should be classified as ’employees’ or not. Pisit believes that the outcome of this consideration will have an impact on the protection of rights under the Labor Protection Act B.E. 2541 (1998). A representative from the NHRC accepted the case for further examination.

Pisit Lee-Atham gave an interview to the press regarding his submission to the NHRC on March 23rd. He pointed out that platform companies often use the term ‘partners’ when hiring workers, but this is a play on words to avoid legal responsibility. According to the law, those working through platforms should be defined as employees because employees are those who work and receive wages. Therefore, he requested the NHRC to determine whether platform workers, including riders, should be defined as employees of platform companies or not, and whether they should be protected under labor protection laws. If they meet the criteria, the NHRC will have to make recommendations to relevant government agencies, such as the Ministry of Labor, to take further action.

The Democrat Party (Thailand) MP also opined that he chose to amend the existing law rather than propose new legislation concerning the employment status definition of platform workers to protect their rights because introducing new laws could take a much longer time, in some cases up to 10 years, depending on the stability of the government.

Information courtesy to: https://prachatai.com/journal/2023/03/103312

Seminars and Workshops

Rider issues, Demands for Workers Rights, Proposals for a Change, and Policy Advocacy Development

On March 6, 2023, JELI representative Dr. Kriangsak Theerakowitkajorn, Director, participated in a conference on ” Rider issues, Demands for Workers Rights, Proposals for a Change, and Policy Advocacy Development” at the Victoria Garden Hotel from 9.00 am to 4.00 pm. The conference is part of the operative research project on creating a negotiation power model to reinforce the well-being of food delivery platform riders, under the Local Development Institute, supported by the Thai Health Promotion Foundation.

The conference began with a discussion on health and safety issues faced by riders in their work, as well as the fairness of their wages which has always been the main concern. Then, the facilitator divided the participants into two groups to collectively summarize the problems, needs, and develop proposals in two aspects: health and safety, and possible solutions for wage issues.

In the afternoon session, each group had the opportunity to present their needs and proposals to address the issues. Dr. Kriangsak provided guidance on developing and promoting policy proposals that would help protect the rights of riders. The event concluded with a roundtable discussion where participants were encouraged to exchange ideas, summarize the lesson learned, and reflect on the activity throughout the day.

Women Together Stand for Good Society & Good Politics

On March 14, 2023, a representative from JELI participated in the conference “Women Together Stand for Good Society & Good Politics” at the Infinity 1 meeting room, Pullman King Power Hotel, from 9:00 am to 1.30 pm.
The event was co-organized by the Institute for Gender and Development Research: Association for the Promotion of the Status of Women – King Prajadhipok’s Institute, the Thai Women’s Reform Movement #WeMove, UN Women, the Institute of Human Rights and Peace Studies – Mahidol University, and the Friedrich Ebert Stiftung Foundation Thailand #FES.

Following the opening remarks and welcoming participants by the event organizers, the activities began with female politicians and election candidates from various political parties introducing themselves and reflecting on their goals in entering politics. Next, the floor was opened to representatives from civil society and the public, including representatives of children and youth, women, labor groups representing formal and informal workers, as well as cross-border migrant workers, the elderly, people with disabilities, representatives of gender diversity groups, volunteer groups, rights and welfare movement coalition, and various development organizations. Together, they presented their needs and policy proposals to politicians and political parties.

The event concluded with representatives of political parties and election candidates expressing their opinions, reflecting their or their party’s stance on the demands presented, and discussing proposals they were interested in considering for future policy development.

Watch the recorded live of the event: https://www.facebook.com/festhailand/videos/228539219557163

Southeast Asia Research Dialogues #1: Feminist Research

23 March 2023, Dr. Kriangsak Teerakowitkajorn, Managing Director of JELI joined the online public discussion “Southeast Asia Dialogues #1: Feminist Research” as a speaker. The event was hosted by The Tea Leaf Center, starting from 7 PM onwards (Thailand time). It was also held in parallel with the events in Chiang Mai and Mae Sot.

The panel and discussion events intend to increase interaction and discussion among diverse researchers working on/in Thailand, on the Thai-Myanmar border and elsewhere in Southeast Asia in order to form an informal network of researchers to learn from and cooperate with each other; and to promote awareness of emerging methodologies, theories and practices and support them to discuss and consider how they might adapt these into their practices.

This event used a hybrid format to host a virtual panel of researchers employing a feminist methodology or conducting/supporting research as part of their work to empower girls and/or women. After the panel, facilitated discussions were held online and in-person to promote interaction and learning between participants.

Collaborative Workshop for Medical and Healthcare Workers in Thailand and Korea

On March 25, 2023, Friedrich-Ebert-Stiftung Thailand Foundation, the Thai Frontline Physician Confederation, the Workers’ Union, and the Just Economy and Labor Institute jointly organized a Collaborative Workshop for Medical and Healthcare Workers in Thailand and Korea at Century Park Hotel from 8.30 a.m. to 4.00 p.m.

The purpose of this event is to provide a platform for exchange between groups and organizations that support labor rights in Thailand and representatives from the Korean Health and Medical Workers Union #KHMU, which was formed by healthcare workers in Korea to strengthen their bargaining power as well as campaign for the improvement of quality of life and working conditions. The union has a long history and is known for its strong advocacy work and has received a lot of support from the mass public.

The beginning of the event was an introduction session of the representatives from labor groups and labor organizations from Thailand who participated in the activity. They took turns sharing lessons learned in terms of mobilization and campaigning for mass support on labor rights. Next, the KHMU representatives shared their experience in establishing and organizing as a union, explaining their strategies on the formation of the union’s structure, problems and obstacles they have been facing, management and operational practices, and how they gained support from the public and civil society. They also discussed their political advocacy and campaign tactics on the national level to widely address the demands of the organization.

In the afternoon session, the facilitator divided the participants into two mixing groups, Thailand and Korea, as for them to exchange strategies that could help in strengthening the collective power within their respective unions/coalitions. They also consulted with each other to identify the possibilities of working collaboratively between the 2 countries in the future.

The last session was a forum for presenting and discussing strategies that each group had exchanged, ultimate goals to which they aimed to achieve, and the direction of future cooperation – to promote and improve the quality of life and working conditions of workers.

Public Events Hosted by JELI as of March

“THIS IS WHAT YOU SEE” AND “THIS IS WHAT HAPPENS” PLATFORM RIDERS 2023: EXCHANGING IDEAS AND CAMPAIGNS ON THE POLICIES TO REINFORCE SAFETY WORKING CONDITION AND PROTECTION OF RIGHTS IN THE WORKPLACE

On March 18th, 2023, JELI in collaboration with Pansuk Production Company, under the support of the United States Agency for International Development (USAID), organized a public forum ““This is what you see” and “This is what happens” Platforms Riders 2023: Exchanging Ideas and Campaigns on the Policies to Reinforce Safety Working Condition and Protection of Rights in the Workplace ” at the Bangkok Art and Culture Centre (BACC) from 1.30 to 4.00 pm. The event was part of the GLP-POWER project.

The event invited representatives from various areas to speak out about the issues they encounter in their work as riders. This was followed by a discussion among a group of leading young-generation social-media influencers, who then raised and discussed issues related to riders’ rights through the perspective of consumers.

The event concluded with a Q&A session on the topic related to the protection of workers’ rights and policy solutions. The forum was opened up for different political party representatives to reflect on their policies related to the protection of platform workers’ rights, and to receive recommendations from rider groups to adjust to or implement in their parties’ policies.