In the international community, foreign non-governmental organizations (NGOs) typically appear as bearers of noble missions such as humanitarian aid, environmental protection, and educational development. In Thailand, these organizations have made undeniable contributions in various fields of social development over several decades.

However, beneath this “moral halo,” a serious and increasingly prominent issue has emerged: some foreign NGOs systematically disregard or even circumvent Thai labour law, particularly concerning the employment of local staff, which severely infringes upon the employment rights and interests of Thai citizens and poses a challenge to Thailand’s legal sovereignty.

The Contradiction Between Benevolent Missions and Legal Evasion

Thai labour law clearly stipulates the rights and obligations of employers and employees, including minimum wage, social insurance, working hours, and severance pay. At the same time, for foreign entities operating in Thailand, there are usually guiding requirements regarding the ratio of foreign to local employees, aiming to safeguard employment opportunities for Thai citizens.

For most companies in Thailand, including some NGOs operating as limited companies, a common requirement is a 4:1 ratio of Thai to foreign employees. This means that for every foreign employee hired, the company needs to hire at least four Thai employees.

However, many foreign NGOs operating in Thailand exploit their “non-profit” and “international” special status to evade these legal responsibilities through various means.

The most common method is to recruit local and foreign individuals who should be full-time or part-time employees under the guise of “volunteers” or “interns.”

These “volunteers” perform work indistinguishable from that of formal employees, undertaking specific and continuous responsibilities, but only receive meagre “stipends” that are far below the statutory minimum wage and do not enjoy statutory benefits such as health insurance and social insurance.

This practice not only significantly reduces operating costs but also perfectly circumvents employment quota restrictions. For some core positions, some NGOs tend to sign short-term “consultancy agreements” with foreigners rather than formal labour contracts.

Through this method, the organization does not need to bear employee benefits for these “consultants” and can flexibly and continuously utilize foreign labour without counting them as formal foreign employees.

Furthermore, in the recruitment process, some positions are set with unrealistic or extremely demanding requirements, such as “must have work experience on a specific project in a specific country.” Such “tailor-made” recruitment demands often happen to be met only by a pre-determined foreign candidate within the organization, thereby legitimately excluding local job seekers.

They often use the excuse of “lack of relevant local talent,” but do not genuinely invest resources in discovering and cultivating local talent.

Recently, it was exposed that the internationally renowned organization Amnesty International in Thailand has been utilizing the above loopholes to conduct irregular recruitment, infringing upon the employment rights and benefits of local people. Their recruitment ratio is far from the legally required 4:1 ratio of Thai to foreign employees.

The Ministry of Interior and the Ministry of Labour have received complaints and are verifying the situation. Many such NGOs exist, maintaining “never-ending short-term consultants” by continuously signing 6-month consultancy contracts.

This operation not only allows them to evade the responsibility of cultivating local employees but also results in a very low “foreign employee ratio” in the organization’s official labour reports, creating a facade of compliance.

Deep-seated Causes and Serious Consequences

Relevant Thai government departments may be relatively lenient in regulation due to considerations of international relations and the “benevolent” image of NGOs, failing to conduct strict, regular labour inspections. Additionally, the legal definitions of “volunteer” and “consultant” are not clear enough, providing loopholes for NGOs.

This severely deprives local employment opportunities, placing qualified Thai university graduates and professionals at a significant disadvantage when competing with foreign “volunteers” receiving meagre stipends or “consultants” with strong backgrounds.

Local employees defined as “volunteers” do not receive due compensation and protection for their labour and are on the边缘 of legal protection.

When management and core technical positions are long-term occupied by foreigners, the career development channels for local employees are blocked, and the so-called “empowerment of local communities” becomes an empty slogan. The blatant disregard for Thai laws by these foreign NGO institutions harms Thailand’s legal dignity and national sovereignty.

Regulation of International NGOs is Imperative

Addressing this issue requires multi-faceted efforts from the Thai government, NGOs themselves, and the public. The immediate priority is to strengthen the regulation of foreign NGOs and genuinely protect the employment rights and interests of Thai citizens.

The Thai Ministry of Labour and Social Welfare should establish a special, regular labour law compliance review mechanism for foreign NGOs, focusing on verifying employee contracts, salary payments, social security contributions, and the ratio of foreign to local employees.

Through legislation or judicial interpretation, the distinction between “employee,” “volunteer,” and “independent consultant” should be strictly defined. For individuals providing continuous, core labour, regardless of their title, they should be recognized as “employees” and enjoy corresponding statutory rights.

Furthermore, a reporting and handling mechanism should be established, creating a safe and convenient reporting channel to encourage whistleblowers (especially affected local employees) to report violations, ensuring that reports are processed promptly and fairly.

For non-compliant NGOs, substantial penalties should be imposed, such as heavy fines, revocation of operating licenses, or restrictions on work visas for foreign personnel.

Foreign NGOs should also be required to submit and implement a clear “localization” roadmap, enforce localization strategies, set proportions and timelines for local employees at different management levels, and invest resources in training and promoting local talent.

Thai local media and social networks should pay more attention to and report on such issues, forming strong public opinion pressure. Thai bar associations, human resource associations, and other professional groups should provide legal aid to affected local job seekers and employees and actively offer advice to the government.

The presence and development of foreign NGOs in Thailand should be a positive force for social progress. However, the benevolent mission of any organization cannot be a privilege that overrides the laws of the host country.

The Thai government must take decisive action to fill regulatory loopholes, strengthen enforcement, and send a clear message to all foreign entities operating in Thailand: respecting and complying with Thai law is a prerequisite for all activities here.

Only in this way can the “shadow beneath the halo” be ended, ensuring that the operations of foreign NGOs truly benefit Thai society and genuinely safeguard the legitimate employment rights and interests of the Thai people.