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Charlie Tiyu, a migrant worker from Burma received compensati​on from CP

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Press Release For immediate release on 30th August 2012

Charlie Tiyu, a migrant worker from Myanmar received compensation from CP Retail and Marketing Co, Ltd., according mediation agreement before court in the lawsuit against CP and employer after his sustaining work-related injuries including ruptured intestines and broken left hipbones. The case of Charlie was known to the public last year as when he was hospitalized, he was chained to his bed before the court order his release in February 2011.

For more information and to arrange interviews, please contact

1. Klumklao Songsomboon, attorney, phone +66 086 7856665 (Thai)
2. Preeyaporn Khankumnerd, Human Rights and Development Foundation (HRDF): +66 086 3408390 (Thai or English)

On 27 August 2012, Charlie has received 100,000 baht from CP as according to court decision following the mediation agreement before Central Labour Court for the case between Charlie Tiyu (Mr.), a migrant worker from Myanmar who filed complaint against Mr. Thara Rittaeng; employer, NSV Supply Co, Ltd.; contractor and CP Retail and Marketing Co, Ltd. (CP) ; the owner of the construction site and hirer, after Charlie’s sustaining serious injuries during the construction of CP factory building. According to the decision on complaint filed to Department of Labour Protection and Welfare, the construction procedure constitutes a breach of safety guidelines as provided for by the 2008 Occupational Health and Safety Management System Standard.

The incident took place on 9 January 2011 when a concrete wall collapsed and fell on Charlie while he was renovating the engineers ‘room in the office of the CP factory at Lum Kaew, Pathumthani Province. Charlie was brought to a hospital in Pathumthani Province during which time, police came to the hospital and held him in custody for charge of an illegal entry and he was almost deported immediately to Burma while he was still suffering the serious injuries. HRDF decided to intervene and Charlie was then transferred to the Police General Hospital where he was chained to his bed as a detainee. Later on 15 February 2011, the South Bangkok Criminal Court ordered his release and the Immigration Bureau to compensate him for the unlawful detention as the evidence found that he has already been legally registered.

Though after his recovery due to his previously fractured hipbones and legs which take a long time to heal, he is still unable to work and though he will eventually recover, he may not be able to do any hard work. The case of Charlie is similar to migrant workers who have not passed nationality verification process and according to Social Security Office’s (SSO) regulation that prevent this group of workers from access to Workmen Compensation Fund (WMCF) thus are denied access to occupational health claim from the WMCF. Though the SSO intervened and instructed the contractor in Charlie case or employer in other cases to cover the incurred medical expenses, the execution of such instruction has been delayed like other cases. Migrant workers thus have no access to prompt remedies and fail to receive their deserved rights.

HRDF provide assistance to Charlie on his extension of registration for him to be able to continue his stay in Thailand while processing complaint for compensation. With the help of HRDF, Charlie decided to file lawsuit to Labour Court demanding revocation of discriminatory SSO’s regulation which prevent migrant’s access to WMCF given reason that it constitutes breach of the Constitution and Thailand’s obligation under international law in which International Labour Organisation (ILO) has also recommend Thailand to review the same regulation. This case is still pending in court decision. As for another case which Charlie filed as a tort lawsiut for compensation, according to the mediation agreement, the court ordered CP to pay 100,000 baht and Mr.Thara appeared before court on the last day and agreed to pay 10,000 baht. After received compensation on 27th August 2012, Charlie has safely return to his hometown in Myanmar according to his wish as well has his family’s.

Human Rights and Development Foundation