Employment and Working Conditions
Undocumented migrants are most prevalent in agriculture (59 percent), hospitality (49 percent), and seafood processing (64 percent). Undocumented females are mostly found in agriculture (33 percent), hospitality (29 percent), and seafood processing (63 percent).
Employment in the agriculture and hospitality sectors is generally seasonal and informal, enabling these industries to readily absorb migrant labour during periods of heightened demand. However, such flexibility places particular groups, like undocumented female migrants, at risk of unemployment or wage reductions during times of low labour demand. Employers in these sectors are also more inclined to hire undocumented migrants when the need for labour surges. KIIs revealed that central provinces frequently face unmet demand for seasonal labour, particularly in agriculture and construction. This gap is partially attributable to the constraints imposed by temporary border visas, which prohibit migrants from taking up employment in these central regions. Consequently, there is a compelling argument for considering the expansion of temporary and seasonal visas, to permit migrants to work across a more extensive range of provinces.
In the fishing sector, 93 percent of migrants were documented males with no females employed. In contrast, the seafood processing sector employed 35 percent documented females and 63 percent undocumented females. The fishing sector has attracted a lot of controversy in previous years as it is heavily reliant on migrant labour and had limited regulatory oversight which led to exploitative labour practices. Between 2013 and 2018, Thailand took action, implementing laws and policies to guard against exploitative practices in the fishing industry and expedite the regularisation of migrant workers within the sector. The data presented here indicates that these policies have successfully reduced the incidence of undocumented migrants facing exploitation in the fishing sector. Fishing vessels employing undocumented migrants are subject to substantial fines and risk losing their licenses. However, the findings also suggest that migrants, unable to secure work on fishing vessels due to these regulations, are shifting to roles in seafood processing, where regulations are less stringent.
85 percent of documented males work full time, compared to only 63 percent of undocumented females. Additionally, undocumented migrants are inclined towards contract or seasonal employment as opposed to full-time roles. This trend of seasonal or contract employment is especially pronounced in border provinces. For example, 31 percent of migrant workers in Chiang Rai, 25 percent in Chiang Mai, and 31 percent in Tak are engaged in seasonal or contract work. These figures highlight the effectiveness of border employment permits, which enable labour-intensive industries to readily hire migrant workers during periods of high labour demand.
However, part-time and contract workers often fall through the administrative cracks. Moreover, aside from the MoU, there is no legal requirement for seasonal or contract workers in agriculture to be afforded the same basic rights and protections as those in other sectors and employment types. These migrants are likely to receive lower wages and lack the job security provided to their full-time counterparts. The transitory nature of their employment often excludes them from the benefit packages that could offer some safety nets, such as healthcare coverage. Even within the overarching sphere of labour laws, their legal protection remains limited due to their temporary or contract-based status, making it challenging to seek justice for any workplace grievance.
Due to the short time some people have been in Thailand and the fact that only 25 percent received a contract, there is the possibility that some migrants are not aware of these benefits or not had chance to use them. However, these findings reinforce the need for clear contracts explained in the migrant’s native language. Similarly, when asked about benefits migrants were enrolled in, 62 percent of documented migrants said they were enrolled in social security and 44 percent said they were enrolled in government health insurance. However, only 2 percent of undocumented migrants said they had social security and 5 percent said they had government health insurance. This highlights the huge gaps in benefits and coverage that undocumented migrants experience.