There are quite a few laws and regulations in Thailand that are outdated, if not irrelevant. Among them is the law governing what types of jobs are reserved for Thais only.
According to labour law, 27 professions, such as food vending, hairdressing, massaging and wood crafting, are strictly off-limits to migrant workers, while 13 are open under certain conditions. Penalties for breaking the law are harsh. Any non-Thai worker found doing jobs that they're not allowed to do, is subject to fines of between 5,000 and 50,000 baht and repatriation to their home countries.
Thai employers, on the other hand, are liable to fines of up to 100,000 baht for every worker illegally employed. In the case of a repeat offence, they will be prohibited from hiring migrant workers for three years. Imprisonment with a one-year jail term is also applied.
The Labour Ministry recently has said it received a number of complaints about "job snatching" migrants working in roles that they are legally barred from, particularly hairdressing and massaging. The ministry said it made inspections at 35,258 workplaces last year and arrested a total of 918 migrant workers who were "stealing Thai people's jobs".
But instead of wasting time monitoring workplaces, the ministry should consider reviewing the law and its usefulness, and it will find its rigid attitude is not really practical.
The ministry must understand that several of the prohibited jobs are not attractive to Thai workers, and such a discriminatory law hampers certain industries experiencing labour shortages.
This law also makes it possible for some unscrupulous authorities to fatten their pockets, demanding kickbacks from migrant workers or those operators wishing to hire them.
Given Thailand's demographic changes, the law is increasingly becoming impractical. With more than 14% of the population in retirement age, Thailand formally became an aged society this year.
With an ongoing low birth rate, the country will have to embrace the label of being a "super-aged society" in 10 years, with people over the age of 51 years accounting for over 20% of the total population.
Under such circumstances, Thailand has no choice but to welcome -- and assimilate -- foreign workers into Thai society. It will need to adopt new policies, like providing migrants kids with an education rather than giving them the cold shoulder.
Those with a narrow-minded "Thai-only" attitude should also appreciate the reality that migrant workers, over the years, have filled employment gaps. They have also duly paid taxes and contributed to Thailand's economic development.
With a "super-aged society" looming, Thai patriots need to realise the country will soon experience severe labour shortages, and by then, there will be no place for discrimination.
That said, the ministry must consider if any restrictions are to remain or, if applied, they must be strictly based on professional or health criteria rather than racial aspects.
For instance, food vendors must be in good health, free of communicable diseases, and practise hygiene. In short, they must face the same rules as Thai food vendors.
The Labour Ministry and other agencies also must remember that Thailand is a part of Asean, and with all things considered, it needs to abandon this law that's simply anachronistic.
