Understanding the gaps between the bilateral regularization of migration and workers’ rights: The case of agricultural migrant workers in Thailand

Abstract

ASEAN agricultural workers represent one of the most vulnerable groups of workers regardless of citizenship. While bilateral agreements focus on general migration governance mechanisms, the specifics of agricultural workers’ rights and protections fall outside their scope. Due to the seasonal nature of cross-border agriculture, these are flexible precarious workers readily available to employers in the borderlands that often do not invest in worker health and social security. The Article reveals how foreign migrant agricultural workers with and without work permits continue to fall between the gaps of national labor protection laws, due to both legal structural exclusions as well as the particular vulnerabilities of being noncitizen workers in remote, unsafe workplaces. This Article documents some of the developments during 20172019 in migrant employment in export cash crops. The next challenge for the future is developing mechanisms for bilateralism to lower migration costs, with a commitment to genuinely safe migration, as well as the establishment of long-term equitable working conditions for all migrant workers. The major findings demonstrate how the two main reasons for the discrepancies between the BLA and labor protections have to do with the noninterventionist approach of ASEAN and a series of technical exclusions in Thailand’s labor law and regulation.

Returning empty-handed or going somewhere? Tales from social division networks of re-migrants in the polarized post-COVID-19 era: A phenomenological study

“…Our results also support previous studies which showed that many reasons for re-migration strategies, such as agency-facilitation, host country wages, and aspiration, may reinforce cross-border mobility (Daovisan et al, 2022; Hayakawa et al, 2022; Suhardiman et al, 2021). For example, previous studies have found that Laotian re-migrants move because of employment opportunities (Cámbara, 2022), cross-border relations (Wisaijorn, 2022), and workers’ rights (Musikawong, 2022) in post-COVID-19 Thailand.…”

“…Notably, however, Laotian re-migrants use not only their social divisions to access the informal economy in neighboring countries, but also their strong supply network ties in polarized post-COVID-19 Thailand (Musikawong, 2022; Suhardiman et al, 2021; Uansri et al, 2023). Most studies have focused on social divisions (He et al, 2022), research agendas (Ho and Maddrell, 2021), theoretical frameworks (Hooren, 2018), comparative studies (Khan and Arokkiaraj 2021), and network capital in relation to international re-migration (Koltai et al, 2020).…”

Surviving in a Provisional Workplace: Foreign Lecturers’ Practices in an Asian HEI

“…These contracts typically have a de ned start and end date, indicating the temporary nature of their employment. oreover, workers require speci c visas and work permits to work legally in a foreign country (Musikawong, 2022). These permits are often tied to their employment contract and are issued for a limited period (Bossavie et al, 2021).…”

Transformation of Public Control Over Observance of the Legislation on Work and Health Care in the Conditions of Remote Work

“…The need to create mechanisms for legal regulation both at the local level and at the state level (Malyarets al., 2021;Ivashchenko et al, 2021;Hetman et al, 2019;Kravtsova et al, 2023). This leads to the institutionalization of labor relations, the formation of newer, more flexible forms of labor organization (Dykha et al, 2020;Hubanova et al, 2021;Musikawong, 2022).…”