Abstract:
ASEAN Economic Community is a pillar to cause the countries to be secured, wealthy, and highly competitive. Moreover, the results of opening ASEAN Economic Community shall cause the countries in ASEAN to be the single market and production bases, comprising 4 core components, namely: 1) free flows of goods, 2) free flows of services, 3) free flows of investments, 4) more free flows of funds, and 5) free flows of skilled labor. Furthermore, Thailand, Laos People's Democratic Republic, and Republic of Singapore are the members of ASEAN; as a result, opening ASEAN Economic Community upon December 31, 2015 results in more flows of labors of all of three countries, subsequently causing problems on labor dispute, in particular dismissal. Even though Thailand, Laos People's Democratic Republic, and Republic of Singapore are the members of ASEAN, the labor protections in the case of dismissal are different from one another. According to the Study, the cause of the fact that all of three countries provide different labor protections results from different concepts, social fundamentals, and government regimes; different provisions of laws; and law enforcement of each countries. The different protections provided to labors in the case of dismissal of all of three countries may cause loopholes and inappropriate acts for dismissal, namely, in the case where the employer intends to dismiss any employee, the employer shall use the different legal loopholes of statutes in moving the employee to work in the country where the laws of such country provide less protection in the case of dismissal; for instance, prior to dismissal, there shall be the order of transferring the employee to work in Republic of Singapore and the employee shall be dismissed in such country to enable the employee not to be entitled to compensation. Therefore, the Researcher would like to render recommendation for the purpose of being a guideline for amendment to and development of laws on labor protection in the case of dismissal in the ASEAN Countries by preparing agreements or requirements in respect of labor protection in the case of dismissal among the ASEAN Countries in the form of convention, which ought to provide labor protections in the case of dismissal by having the standard not lower than labor standard of International Labor Organization and should have provisions as to enforcing the conflict of laws to prioritize enforcing the laws to be the same standard.