On 21 October 2024, the Cabinet of Thailand issued “Notification regarding Measures for Prevention and Suppression of Human Trafficking in Business Premises, Factories, and Vehicles” (the Cabinet Notification). The Cabinet Notification aims to protect employees' rights and liberties and prevent forced labour activities in business premises, factories or vehicles. According to the Cabinet Notification, the following premises shall be subject to measures for prevention and suppression of human trafficking:
- entertainment spots under the Entertainment Spot Act B.E. 2509 (1966);
- hotels under the Hotel Act B.E. 2547 (2004);
- residential buildings;
- dormitories under the Dormitory Act B.E. 2558 (2015);
- factories under the Factory Act B.E. 2535 (1992); and
- foreign vessels or vessels under the Navigation in Thai Waters Act, B.E. 2456 (1913).
As a result, all employers, business operators and/or business owners operating any of the above premises must comply with the key measures set out in the Cabinet Notification. These key measures include:
- conducting annual training for employees regarding the prevention and suppression of human trafficking and forced labour or services;
- allowing employees to communicate with third parties during working hours, in accordance with legal requirements and work rules, policies or orders;
- facilitating access for authorised officials conducting inspections of business premises, factories or vehicles;
- monitoring and preventing any violations of human trafficking or forced labour in its business premises, factories or vehicles; and
- submitting a report to the relevant authority immediately upon: the discovery of any violations in relation to human trafficking or forced labour; and/or
- the discovery of any violations in relation to human trafficking or forced labour; and/or
- the obtaining of information of any suspicious activities in relation to the violations in relation to human trafficking or forced labour.
The Cabinet Notification places clear responsibility on business owners and operators to actively participate in preventing and reporting potential human trafficking activities within their operations. Failure to comply with the above measures may expose business owners and operators to potential penalties specified under the Anti-Human Trafficking Act.
