ORDER OF THE HEAD OF THE NATIONAL COUNCIL FOR PEACE AND ORDER
NO. 33/2560
RE: TEMPORARY MEASURES TO
OVERCOME THE OBSTACLES IN THE ADMINISTRATION AND MANAGEMENT OF WORKING OF
ALIENS [1]
In
accordance with the promulgation of the Emergency Decree on Administration and
Management of Working of Aliens B.E. 2560 which was to allow the systematic
administration and management and to overcome the obstacles of alien workers
and establish labour, economic and social security of the country and,
moreover, such Emergency Decree prescribes that employers and employees have
duties to comply with the law and prescribes severe offences and penalties. The
Government has no time to raise awareness and sufficient understanding to the
public resulting in the public being alarmed and the household employers, SME
business sector, and agricultural sector being affected. Therefore, in order to
allow employers and employees including relevant competent officials to prepare
and undertake in accordance with the law, for fairness and without an excessive
effect on the economy and society by which the purposes of the administration
and management of the working of aliens are maintained in accordance with the
international standard whereby anti -trafficking in person measures are
effectively maintained, it is necessary to have a temporary measure to overcome
the obstacles in the administration and management of working of aliens under such
Emergency Decree during the transitional period:
By
virtue of section 265 of the Constitution of the Kingdom of Thailand in
conjunction with section 44 of the Constitution of the Kingdom of Thailand
(Interim) B.E. 2557, the Head of the National Council for Peace and Order, with
the approval of the National Council for Peace and Order, hereby issues the
Order as follows:
Clause
1. Section 101, section 102,
section 119 and section 122 of the Emergency Decree on Administration and
Management of Working of Aliens B.E. 2560 shall come into force from the 1st
of January B.E. 2561 (2018).
Clause
2. Employers and aliens shall quickly
undertake correct and complete acts in accordance with the Emergency Decree on
Administration and Management of Working of Aliens B.E. 2560 and complete them
before the 1st of January B.E. 2561 (2018). In this regard, it shall
be in accordance with the rules, procedures and conditions as prescribed by the
Minister of Labour.
In
the case where it is necessary for an alien to travel out of the Kingdom to his
or her origin country or return into the Kingdom for the purpose of undertaking
an act correctly under paragraph one, such alien shall be exempted from any execution
related to travelling into or out of the Kingdom under the law on immigration.
In this regard, it shall be in accordance with the rules and procedures as
temporarily prescribed by the Minister of Labour upon consultation with the
Ministry of Foreign Affairs, the Minister of Interior and the Royal Thai
Police.
Clause
3. No competent official or
State official related to the execution of the law or this order shall abuse
his or her position or act or fail to act under his or her position being
prejudiced in favour of assets or other benefits in order to obtain assets or
other benefits for himself or herself or other persons. In the case where it
appears that an act of nonfeasance, negligence or omission of any competent
official or State official has been committed, the Commander shall have the
power to initiate a civil, criminal and administrative case against such
competent official or State official expeditiously and strictly.
Clause
4. The Ministry of Labour
shall complete to amend the law on the administration and management of working
of aliens and submit it to the Council of Ministers within one hundred and
twenty days as from the date this Order has come into force. This shall include
the consideration of rules, procedures and conditions in the administration and
management of working of aliens which are systematic and complied with the
international standard for the purpose of anti-trafficking in persons and
facilitation of the execution to the relevant persons in every sector and the Ministry
of Labour shall submit, to the Prime Minister, a report of the performance
result every month.
In
considering the draft law under paragraph one and secondary laws issued under
the Emergency Decree on Administration and Management of Working of Aliens B.E.
2560, the Ministry of Labour shall conduct public hearing of relevant persons
and take those into consideration.
Clause
5. In the case where it is
appropriate, the Prime Minister or Council of Ministers may propose to the
National Council for Peace and Order to amend this Order.
Clause
6. This Order shall come into
force from the 23rd of June B.E. 2560.
Given
on the 4th of July B.E. 2560 (2017)
General
Prayut Chan-O-Cha
Head of the National Council for Peace and Order
[1] © 2017 Natthanicha Lephilibert,
Krisdika Counsel, Professional Level, Office of the Council of State, under her
own capacity (aneksomboonphon.natthanicha@gmail.com)
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