Consultant: Labor Dispute Remediation in Thailand
Private Sector Engagement Specialist, USAID Thailand Counter Trafficking in Persons (CTIP) Project
With the aim to help migrant workers and businesses in Thailand who employ them address work-related disputes fairly, quickly and confidentially through a remediation and mediation-based Alternative Dispute Resolution (ADR) process, the United States Agency for International Development Thailand Counter Trafficking in Persons (USAID Thailand CTIP) project is exploring collaboration with the Thai Remedy Project developed by Liberty Shared, which is piloting an ADR mechanism with interested Thai companies (see Annex A for an overview of the Thai Remedy Project).
Considering the novelty of such an ADR approach to Thai businesses, the USAID Thailand CTIP project seeks to engage an expert consultant to: collect baseline information regarding dispute resolution approaches currently used by Thai companies and analyze gaps or shortcomings; assess interest and readiness of Thai businesses to participate in the ADR pilot; and develop a strategic approach to engage Thai companies to increase awareness and gain buy-in to ADR.
Annex: LIBERTY SHARED: THAI REMEDY PROJECT Alternative Dispute Resolution Mechanism for Worker Disputes in Thailand
Tasks associated with this scope of work include:
1. Identify, engage, and initiate dialogue with Thai companies to collect information and assess the feasibility to pilot an ADR initiative with Thai companies.
Questions to be answered include:
- What are the current practices/processes to manage and resolve labor dispute cases within companies’ operations and their supply chains?
- In those practices identified in the point above, what are the distinctions if any that are drawn consciously and unconsciously by businesses in the way remedy is made available to Thai and non-Thai workers.
- What are the challenges/short-comings and successes/benefits of these currently instated practices/processes from the employer and worker perspective?
- What knowledge do Thai companies have of ADR, if any?
- Are there any companies that already have ADR mechanisms in place, and if so, how effective are they?
- Are companies interested in learning more about ADR and/or trying ADR in their own operations?
- What questions/concerns do companies have with ADR?
- What kind of support do companies need in improving labor dispute remediation?
Key Stakeholders to engage include but not limited to:
- Leading companies operating in Thailand (e.g. PTT, CP Group, Nestle (Thai), Thai Union)
- Small and medium Thai companies in agricultural, fishing and construction sectors
- The Stock Exchange of Thailand
- Business associations (e.g. Chambers of Commerce)
- Industry associations (e.g. National Fisheries Association of Thailand, Thai Contractors Association)
2. Analyze the ecosystem and context in Thailand to gauge feasibility of the pilot.
Questions to be answers include:
- How would the ADR work in Thailand in terms of legal feasibility? Are there any regulations that would support or prevent implementation?
- Which civil society organizations, NGOs, government authorities or other stakeholders are well positioned to provide remediation and victim support services to workers who file disputes?
- What qualifications should a mediation committee possess?
Key Stakeholders to engage include but not limited to:
- Ministry of Labor – Labor Dispute Court Process
- National Human Rights Commission
- Legal groups/firms in Thailand who works on labor rights
- Private sector representatives (large companies, SMEs, business & industry associations, etc.)
3.Assess interest and readiness of businesses to participate in the pilot
- Private sector knowledge of and opinion towards ADR
- Do companies consider the ADR mechanism to be a good complement to their existing operational grievance mechanisms?
- Do companies understand and see the benefits of ADR?
- What questions/concerns do companies have related to ADR?
- What kinds of support do companies need in improving labor dispute remediation?
- What would give companies the confidence and assurance needed to pilot an ADR mechanism?
- Would a sector-wide mechanism be more desirable rather than a mechanism that individual companies can subscribe to?
4. Develop analysis and recommendations for the USAID Thailand CTIP team on:
- Feasibility of the proposed ADR pilot activities in Thailand given the legal, business and contextual realities
- Strategic approach to engage Thai companies to increase awareness and gain buy-in to ADR
- Other guidance and recommendations to enable the success of this model (if it is indeed believed to be feasible and worthwhile in pursuing)
- Report covering all findings from Tasks 1-4 above
- List of stakeholders engaged with notes summarizing discussions and interviews
- List of Thai companies interested or open to joining ADR pilot activities
The consultant should meet the following minimum requirements:
- Experience working with Thai companies on corporate sustainability.
- Understanding of the United Nations Guiding Principle on Business and Human Rights (UNGP) and its implementation in Thailand;
- Experience in mediating labor disputes and knowledge of legal processes;
- Strong research and analytical skills with a proven ability to publish concise, focused and easily understood reports;
- Private sector experience, ideally including work on issues related to the intersection of business and international development;
- Experience working with stakeholders across the public, private and non-profit sectors
- Proven ability to work independently to produce high-quality deliverables under tight deadlines;
- Excellent interpersonal communication skills;
- Fluent verbal and written communication in Thai
- Proficiency in written English.
- Contact: Please submit your CV, Cover letter containing related experience and/or relevant questions to: Acasey@resonanceglobal.com
- Transmittal email subject must state: “Application for ADR Consultant”.
Contact : Acasey@resonanceglobal.com
ที่ปรึกษา / Consultant