Abstract:
This thesis was written to detail the implications of legal measures and practices in Thailand following the adoption of ILO Convention No. 138, concerning the minimum age for admission to employment. This thesis is also intended to give a general guideline for the amendment of laws in relation to child labor protection and for the development of a mechanism which could be used by the relevant authorities in Thailand to abolish child labour. The results of this research indicate that Thai labour law can protect only children in the formal sector, but it fails to protect children in the informal sector. This is because the interpretation of "Labour" according to Thai law does not cover work in the informal sector, which has no relationship according to the employment agreement. Therefore, the measures of child labour protection in Thailand do not reach the International Labour Standards. According to the International Labour Standards and International Agreement relating to the Rights of the Child, emphasis is placed not only on the protection concerning terms and conditions of work but also the economic exploitation of child labour. Therefore, child labour protection should emphasize not only the terms and conditions of work, but should also give importance to the fundamental rights of employment, the prevention of rights violation and the safeguarding of education opportunities. Therefore, the suggestion made by this research is to propose that Thailand adopts ILO Convention No. 138 and implement measures for labour protection, the suppression of violations of child labour's fundamental rights and provisions for education service. These measures must be in accordance with the objectives of the International Labour Standards and International Agreement relating to the Rights of the Child. The aim of these measures is not only to protect children's labour, but also to eliminate child labour employment. However, these measures need the co-operation of both public and private sectors to be fully enforceable. After the said measures are enacted, all kinds of child labour economic exploitation will diminish, and children would then be able to go back to study for the benefit of themselves and development of the country.