Suspension of MOU Workers Deployment to Thai Construction Companies

The Myanmar Ministry of Labor has suspended the dispatch of construction workers to Thailand under the Memorandum of Understanding (MOU) system. It is reported that legitimate workers who were supposed to be on duty did not show up due to various issues. Nyan Win Aung provided insights from Yangon on this matter.

The Ministry of Labor has temporarily halted the deployment of MOU workers to Thai construction companies. U Myo, the Secretary-General of the Myanmar Overseas Employment Agency Federation (MOEAF), attributed this to the prevalence of fraudulent recruitment of Myanmar workers by labor agencies.

"There are some requirements that are signed by employers and employees on the Myanmar side. They summarize and send them over. By the time I arrive, the job is already done with A, then B, C, and these issues persist. When things go wrong, the Thai agencies also engage in similar practices. From this triangular communication, one of them mistakenly sends out these issues, and of course, some of them want to send it that way, that's why they do it."

He explained that these issues have impacted both the agencies actually sending workers to construction sites and the Myanmar workers who wish to work in these sectors. U Myo further stated that there are irregularities in recruitment practices by both Myanmar and Thai labor agencies.

"When Myanmar agencies clean up, some cases involve the Myanmar agencies themselves, but it's the Thai agencies that do it. Usually, it's the Thai agencies. Then when the Thai agencies clean up, they do so. If it's wrong, it's the Thai employers who are wrong. If necessary, we will file lawsuits against that party. That's why we report who is at fault. When necessary, we will blacklist the relevant agencies and entrepreneurs. The labor force here."

Those assisting Myanmar workers in Thailand expressed concern that the infringement of contractual rights has worsened due to the recruitment of workers without secured workplaces. U Khaing Kyi, Director of the AAC Labor Support Alliance, noted that many Myanmar workers arriving in Thailand under the MOU are increasingly becoming informal workers.

"During this period, more and more MOU workers arriving in Thailand in 2024 are informal workers. They are workers who cannot be dispatched from A to A. When they are brought in and arrive in Thailand, they sign contracts for construction, but in some places, they rent rooms and leave. Workers get angry and return to Myanmar due to lack of food. In my opinion, many of them are not properly checked by Myanmar ministries. They are also sent to Thai territory without inspection, and they enter Thailand with fake employment letters, which is why they encounter problems."

U Khaing Kyi attributed the troubles abroad to the MOU workers arriving under the bilateral agreement due to negligence by Myanmar ministries.

"The MOU contract is signed G-to-G, so it cannot be issued lightly. At least cut it down from sufficient places. The Ministry of Labor and the Ministry of Foreign Affairs can cut it down. These three ministries are our most important departments." Even with inspections by these departments, the diplomatic stance is flawed, as they either lack awareness or should not have been involved in checking our MOU with legal frameworks aimed at preventing illegal human trafficking. The situation has worsened since the coup."

Based on a list of over 80 employment agencies, approximately 5,000 workers arrive in Thailand from Myanmar each month. However, around 80% of these workers are currently unemployed.