When will fair employment for people with disabilities become a reality in Thailand?

Pandemic and automation affected the employment prospects of those with disabilities

Originally published on Global Voices

This article by Chutikan Chaikittiwatana was originally published by Prachatai, an independent news site in Thailand. An edited version has been republished by Global Voices under a content sharing agreement.

The Empowerment of Persons With Disabilities Act, which contains sections on the employment of persons with disabilities, has been in effect in Thailand since 2007. However, people with disabilities continue to face significant obstacles in every stage of the employment process, from job searching to receiving interview opportunities and fair working conditions.

On May 25, 2024, the Phutthamonthon Independent Living Center for People with Disabilities, Thisable.com, Boon Rawd Brewery, Prachatai, and Die Kommune co-hosted a seminar on the employment conditions of people with disabilities, discrimination in the workplace, and obstacles that remain despite the legislation.

Getting a job with a disability

The speakers agreed that the main barrier to fair employment opportunities for people with disabilities is the pervasive mindset that fails to recognize their rights and misjudges their capabilities. They also added that people with disabilities want to earn money to reduce the burden on their families.

As Ronnapat Wongpa, who has a mobility impairment, explains it, people with disabilities “… are humans too, and we want to live like everyone else. The most important thing is that we want to reduce the burden on our families instead of waiting for our parents to earn money to support us. If our parents die, how will we survive? This is why we feel the need to have a job.”

This sentiment was echoed by the other speakers, who do not view themselves as incapable of work. Having received higher education or obtained vocational certificates, all wish to contribute to society. “Regardless of the type of work, it returns value to society,” said Chompoonuch Bussarakham, another speaker with a mobility impairment.

However, people with disabilities face many obstacles in achieving fair employment, many of them rooted in what Chompoonuch explained as misconceptions about their capabilities, which often lead others to unfairly judge their ability to work.

Anurak Pathomlikitkarn, who has a visual impairment, revealed that he was often advised not to pursue higher education but rather to make a living as a massage therapist or a lottery vendor. After Anurak went to Thammasat University and earned a bachelor's degree, he still met with rejections when applying for jobs. One employer even told him that, even though the position was open to people with visual impairment, they wanted, “someone who can see a lot better.”

After earning her bachelor's degree, Chompoonuch was rejected for over 80 jobs. Most employers stated that their workplaces did not support wheelchair access. Some told her that “they did not know how to take care of me as a disabled person.”

Obstacles persist despite the legislation

Section 33 of the 2007 Empowerment of Persons with Disabilities Act, amended in 2013, mandates that public and private entities employ one disabled person for their first 100 non-disabled employees. Thereafter, they are supposed to hire an additional disabled person for every 50 non-disabled people in their employ.

Private entities failing to meet this quota or choosing not to comply have two alternatives: Contributing financially to the Fund for the Empowerment of Persons with Disabilities under Section 34 or hiring people with disabilities as subcontractors or through specialized employment services for yearly contracts paid at minimum wage rates under Section 35 — the latter option also applies to public entities.

Disability rights activist Auttapon Srichitsanuwaranon, who moderated the seminar, said in an interview with Prachatai that a piece of legislation enacted almost two decades ago may no longer adequately address the challenges faced by people with disabilities today.

The economic downturn stemming from the COVID-19 pandemic and other socio-political conditions, coupled with increased automation replacing human labor, has led to a decrease in work opportunities for disabled employees. Auttapon says that this has affected the employment opportunities available for disabled individuals under the statutory employment ratio.

Individuals hired under Section 35 are often at great disadvantage, Auttapon said, as they are not considered regular employees with full benefits. For instance, there is no assurance that their yearly contracts will be renewed. Additionally, they may not get a pay raise. Anurak noted that there are also no regulations in the law ensuring fair payment based on employee work experience. He expressed frustration that his pay has remained unchanged for seven years.

Individuals may find themselves hired under unfair contracts due to various circumstances. Ronnapat recounted cases where fellow disabled individuals were only paid for the days they worked, resulting in pay cuts for weekends and other absences. As a result, they received lower overall pay compared to able-bodied employees under Section 35, which guarantees a minimum wage for 365 days. Such situations reportedly arose for several reasons. Sometimes, workers lacked an understanding of contract terms. At other times limited job opportunities obliged them to accept unfair arrangements.

Observing that the challenges and inequalities faced by disabled individuals ultimately stem from how they are perceived by the state and society at large, Auttapon proposed that responsible parties formally reflect on the current employment situations of people with disabilities and assess the effectiveness and practicality of existing laws.

The hope for equal and fair opportunities

Auttapon stressed that employment benefits not only individuals with disabilities but society as a whole:

When people with disabilities have jobs, they earn income. With that income, they spend, consume, and buy goods, all of which contribute to the value-added tax (VAT) system. This means they can actively participate in the economy and contribute to society.

For him, the barriers faced by disabled individuals come from societal attitudes:

It all comes back to the question of how society views people with disabilities. Does society perceive them as people with dreams and aspirations, or solely as vulnerable and marginalised with scarce opportunities all the time? They will continue to lack opportunities because they have never been given fair opportunities in the first place.

During the discussion, Chompoonuch also highlighted the importance of recognizing the rights and potential contributions of individuals with impairments: “Some people ask, ‘Why should we have to pay taxes to support these people?’ It's because society hasn't provided people with disabilities the opportunities, which leads to us remaining a group that might not yet be fully capable of taking care of ourselves.”

She added that she has personally not had major difficulties in the workplace under entities that hired her fairly, as her co-workers are willing to communicate to understand her conditions. She has, however, faced obstacles in the pre-hiring process from people wrongly judging her abilities before offering her opportunities.

I may not be able to walk, but I can use a wheelchair to reach my destination. If I say I can do it, I truly can, but people tend to assume otherwise. People with disabilities have faced numerous challenges in their lives. Our hearts and minds are determined to overcome obstacles and find solutions for things to work out. This is something I hope people will understand.

Written by Prachatai