Labour law coverage is possible: HomeNet and the Network of Domestic Workers in Thailand
0-1 Original language
English
I-1 Name of the initiative
Labour law coverage is possible: HomeNet and the Network of Domestic Workers in Thailand
I-2 Geographical coverage
THA
I-2-A Region/country
Thailand
I-2-R Region
Asia and the Pacific
I-2-T Geographical scope
Country
I-3-A Initiative start date
2010
I-4 Leading entity/organization
Other (specify)
I-4-A Specification
Pre-union worker association, launched out of a CSO, exploring legal paths to unionization currently
I-5 Collaborating entities/organizations
Government
I-5 Collaborating entities/organizations
Employer and Business Membership Organization
I-5 Collaborating entities/organizations
Workers' organization
I-5 Collaborating entities/organizations
Civil society, including NGOs
I-5 Collaborating entities/organizations
Other (specify)
I-6 Has the ILO been involved in the initiative?
Yes
I-6-A Specify how the ILO was involved
In Thailand, the ILO has played a crucial role in extending legal protections for domestic workers through a multi-pronged strategy involving technical advice, support for domestic worker organizations and research on the domestic work sector. On 30 April 2024, the Thai Cabinet approved the new Ministerial Regulation no. 15 Governing the Working Conditions for Domestic Workers (MR 15). The MR was adopted following a process that started in 2018 when the Ministry of Labour requested ILO and its TRIANGLE in ASEAN programme to conduct a gap analysis of the Thai legal framework related to domestic workers, vis-a-vis the ILO Domestic Workers Convention, 2011 (No. 189). Following the gap analysis, in 2021 TRIANGLE had a technical discussion with MOL on strengthening the Ministry’s first draft. In the years since, TRIANGLE continued to advocate for adoption of the revised MR, including through partners HomeNet and the Network of Domestic Workers in Thailand. Now approved, the MR extends Labour Protection Act provisions to domestic workers (both Thai nationals and migrants) that they were previously excluded from, and the Thai Social Security Board agreed in principle for extension of social security to domestic workers. ILO TRIANGLE and partners have long advocated for this, and anticipate this change in policy in 2025 (see Results section below).
I-7 Is there collaboration with other agencies of the United Nations System or other partners?
No
II-1 Justification of the initiative
The migration of domestic workers to Thailand has increased over years. From 2014-2018 the number of domestic workers overall in Thailand increased 28 percent (ILO, forthcoming). Using the Informal Employment Survey in Thailand, ILO estimates there were 290,000 domestic workers in Thailand in 2018 (ILO, forthcoming). However due to the lack of recent official data on migrants in domestic work, the most recent estimate is that as of 2011 there were 150,000 migrant domestic workers. Most migrant domestic workers enter Thailand through irregular channels, as it is difficult for individual households to apply for permission to bring a migrant worker through Thailand’s MOU system governing labour migration. Unfortunately, the lack of migration-related documentation has been coupled with a lack of labour protections for domestic workers in Thailand. In 2012, a Ministerial Regulation excluded domestic workers from several important provisions under the Labour Protection Act, including, importantly, minimum wage rules and provisions on normal working time. Lack of oversight and inspections in private houses compounded weak legal protections.
II-10 Focus on other branches of economic activity
Human health and social work activities
II-11 Focus on certain categories of enterprises or economic units according to their size
Micro enterprises
II-11 Focus on certain categories of enterprises or economic units according to their size
Medium enterprises
II-11 Focus on certain categories of enterprises or economic units according to their size
Other SSE entities (associations, mutual societies, foundations, self-help groups)
II-12 Focus on specific status in employment
Employees
II-12 Focus on specific status in employment
Workers not classifiable by status
II-13 Focus on other specific categories of workers and employers, not captured elsewhere
Domestic workers
II-13 Focus on other specific categories of workers and employers, not captured elsewhere
Nurses
II-13 Focus on other specific categories of workers and employers, not captured elsewhere
Workers in the informal economy
II-14 Focus on specific groups of population / persons prioritized in the initiative
Women
II-14 Focus on specific groups of population / persons prioritized in the initiative
Migrants or forcibly displaced persons
II-2 Objectives and description of the initiative
HomeNet, also known as the Foundation for Labour and Employment Promotion, has a primary objective of advocating for legal changes to improve the conditions of domestic workers. This initiative focuses on organizing workers and providing them with direct support and capacity-building empowerment. In 2012, domestic workers, with the support of HomeNet, founded the Network of Domestic Workers Thailand (NDWT).The main objectives of HomeNet and NDWT are to enhance the advocacy capacity of both migrant and Thai domestic workers. Their advocacy efforts aim to increase legal protection and access to social protection for domestic workers, as well as to achieve the ratification of ILO Convention No. 189. To achieve these objectives, HomeNet collaborates with employers of migrant and Thai domestic workers to introduce and expand the use of a code of conduct for the employment of domestic workers and a standard employment contract.HomeNet and the Network of Domestic Workers in Thailand (NDWT) have been instrumental in advocating for legal reforms while organizing and empowering domestic workers. Since its founding in 2012, the NDWT has worked to enhance the advocacy capacity of both migrant and Thai domestic workers. They have also employed social media campaigns, awareness-raising activities and consultations with the Ministry of Labour to further these goals.Additionally, during the COVID-19 pandemic, HomeNet provided counselling support to migrant workers and doubled down on their on-the-ground and online organizing efforts. This comprehensive approach ensures that domestic workers receive the necessary support and empowerment to advocate for their rights and improve their working conditions.
II-3 Type of initiative
National/local law
II-3 Type of initiative
Policy / strategy
II-3 Type of initiative
Advocacy/campaign/awareness-raising
II-4 Which of the Rs in the 5R Framework for Decent Care Work guides this initiative?
Reward care workers
II-4 Which of the Rs in the 5R Framework for Decent Care Work guides this initiative?
Representation of care workers
II-5 Which is the main policy area of the 5R Framework for Decent Care Work does the practice focus on?
Social Protection policies
II-6 Which other policy areas of the 5R Framework for Decent Care Work does the practice focus on?
Care policies
II-6 Which other policy areas of the 5R Framework for Decent Care Work does the practice focus on?
Social Protection policies
II-6 Which other policy areas of the 5R Framework for Decent Care Work does the practice focus on?
Migration policies
II-7 Which policies or measures to advance decent work in the care economy does the practice focus on?
Formalization of informal care jobs and enterprises
II-7 Which policies or measures to advance decent work in the care economy does the practice focus on?
Addressing the undervaluation of care work by raising public awareness
II-7 Which policies or measures to advance decent work in the care economy does the practice focus on?
Universal social protection systems that provide adequate protection to care workers and recognize unpaid care work
II-7 Which policies or measures to advance decent work in the care economy does the practice focus on?
Ensuring effective access to labour protection and social security, including through labour inspection, for all care workers
II-7 Which policies or measures to advance decent work in the care economy does the practice focus on?
Policies and strategies on working time, wages, and occupational safety and health, including preventing and addressing violence and harassment
II-7 Which policies or measures to advance decent work in the care economy does the practice focus on?
Promoting the voice and representation of, and consulting with, care worker organizations, organizations of employers of care workers and unpaid family carers
II-8 Which beneficiaries in the care economy does the practice focus on?
Paid care workers (nurses, domestic workers, teachers, childcare workers, personal assistants, etc.)
II-9 Geographical scope
Urban and rural
III-1 In a short paragraph, summarize the main results and impacts obtained
Following several years of ILO, HomeNet and NDWT advocacy efforts to strengthen the labour protection framework of domestic workers, the Thai Ministry of Labour promulgated a revision of its ministerial regulation governing the working conditions for domestic workers, both Thai and migrant workers. Approved on 30 April 2024, the Ministerial Regulation No. 15 governing the conditions for domestic workers extends Labour Protection Act provisions to domestic workers (both Thai nationals and migrants) that they were previously excluded from, including, among others: • a guaranteed minimum wage; • an eight-hour workday with a maximum of 48 hours per week and a one-hour break; • maternity leave of 98 days, including 45 days of paid leave (paid by the employer); • protection from job termination due to pregnancy and restrictions on night work, overtime and holiday work for pregnant workers; • limits on salary deductions, which are allowed only under specific categories and capped at 20 per cent of the worker’s salary; and • paid educational leave for 15–17-year-old workers, along with mandatory employer notifications to the Labour Inspector at hiring and termination. The amendment closes major protection gaps, bringing Thailand’s legal framework in close alignment with the ILO’s Domestic Workers Convention (No. 189), though access to overtime and severance pay in the LPA remain outstanding, among other remaining exclusions for the sector. Another mark of progress towards decent work and formalization, in 2024, the Thai Social Security Board agreed in principle for extension of social security to domestic workers. ILO TRIANGLE and partners have long advocated for this, and anticipate this change in policy in 2025.
III-2 Explanation of the innovative element of the initiative for advancing decent work in the care economy
In Thailand, HomeNet and the Network of Domestic Workers Thailand (NDWT) are leading organizations advocating for domestic workers' rights. Their innovative approach includes a strong, inclusive membership base of both Thai and migrant domestic workers, enhancing their legal advocacy efforts.HomeNet addresses the increasing demand for domestic workers due to Thailand's aging population by securing minimum wage and working hour coverage under Thai Labour Law. They are now focusing on including domestic workers in Thailand’s Social Security system through training and targeted advocacy.To tackle the challenge of collective bargaining, HomeNet holds regular seminars with employers and collaborates with the Employers Confederation of Thailand (ECOT) to develop a Code of Conduct and Standard Employment Contract. They have also created a Justice Fund, supported by member contributions, to assist workers in disputes with employers.The Network's efforts are scalable, with plans to include more domestic workers from various migrant nationalities.
IV-1 What were the main challenges or difficulties during the design and implementation? How were they faced/ addressed?
COVID-19 posed several challenges to outreach particularly, compounding isolation and the hard to reach nature of domestic work. Being able to rely on mobile phones for information and contact with the outside world is especially crucial for workers whose ability to leave their workplace is limited. The Network uses Line and Facebook facilitate peer-to-peer networking and worker organizing. Despite the pandemic and the embedded isolating character of the work in non-crisis times, NDWT’s online outreach provides crucial support, combining information, legal assistance, and emergency aid.Particularly entrenched negative attitudes about domestic workers have long hampered policy makers from bringing the sector under full Labour Protection Act coverage. Patriarchal attitudes, as well as high care needs by households, mean that asking women to work long hours in homes is something that has been hard to disrupt. Without public care infrastructure, households must rely paid care by domestic workers or similarly low-paid community health volunteers in homes, or one family member must drop out of the workforce to provide care. Large state investment in care is needed, alongside labour inspection systems, to ensure that households do not feel pressure to exploit workers to meet care needs, and households can and do provide decent work environments.
IV-2 Lessons learned and good practices, including room and opportunities for improvement
1. Joint movement for legal advocacy: The combined efforts of migrant and Thai national domestic workers have been instrumental in successfully lobbying for legal changes that benefit both groups. This unity has significantly strengthened their collective voice and impact.2. Challenges in employer engagement: Traditional workplace negotiations typically involve a workers’ union and a body of employers. However, in the domestic work sector, employers are not organized, making it challenging to find groups willing to engage with the Network. The ILO relationship with the Employers' Confederation of Thailand (ECOT) facilitated ECOT’s involvement in developing the sector’s Code of Conduct and Standard Employment Contract. Expanding public messaging to upper and middle-class Thais can help reach potential employers on these as well as compliance with the new 2024 Ministerial Regulation No. 15.3. Awareness of feminism and women’s rights: Being a women-dominant group in a women-dominant sector does not automatically ensure that staff and Network members are knowledgeable about feminism and women’s rights. HomeNet recognizes this and makes concerted efforts to hold discussions on these topics, with plans for future dedicated training sessions.
IV-3 Key conditions for success
• Intensive outreach efforts are required to build a network of domestic workers, who are working each in different household-workplaces.• Opportunities for cross-border collaboration between domestic workers networks in countries of origin and destination can build worker enthusiasm and the broader movement for domestic workers’ rights.• Digital and online social media platforms expand reach to hidden workers. As more migrant and domestic workers in the region are becoming active on social media, networks of domestic workers can develop targeted communication strategies and online platforms
IV-4 Key conditions for sustainability
Increased sustainability may come if NDWT forms a registered trade union and takes fee-based membership organizing drives to increased levels. The International Domestic Workers Federation (IDWF) also offers support through the region and globally to its affiliates, of which NDWT is one.
IV-5 Potential for transferability, expansion and replicability in other countries and contexts
Engaging diverse migrant communities presents challenges, but also high potential for expansion within the Thailand context. The Network has a strong base among Myanmar migrant workers due to the long history of Myanmar civil society in Thailand. However, reaching Cambodian and Lao migrant domestic workers has proven more difficult. With ILO support, HomeNet is planning to engage these groups near the Cambodian and Lao borders.Replicability in other contexts is being seen through the region, with several new domestic worker associations forming and growing in the last five years. Leadership and organizing training, and continual activities that show benefit to workers, such as health checks and legal information, have proven to be key to growth and sustainability of membership numbers and interest.
V-1 Sources of information and documents used on the characteristics of the initiative, including links to websites, news items, toolkits, policy documents or reports
Foundation for Labour and Employment PromotionMigrant Worker Resource Centres in Thailand | International Labour OrganizationLet’s make Decent Work a reality for domestic workers
V-2 Contact information of ILO focal point
Rebecca Napier-Moore, Technical Officer, TRIANGLE for ASEAN [email protected]
VI-1 Title and Description
Let’s make Decent Work a reality for domestic workersListen to voices from around the region highlight what we can all do to help ensure that domestic work is decent work.