泰国《社会保险法》
SOCIAL SECURITY ACT,B.E. 2533 (1990)1
BHUMIBOLADULYADEJ, REX. Given
on 11th Day of August B.E. 2533; Beingthe
45th Year of the Present Reign.
HisMajestyKingBhumibol Adulyadej isgraciouslypleasedtoproclaim that: Whereasitisexpedienttorevisethe lawon social security;
Be it,therefore, enacted by the King,by and with the advice and consent of the NationalAssemblyasfollows:
Section 1. This Act is calledthe “SocialSecurityAct, B.E. 2533”
Section 2. This Act shall come into force as from the day following the date of itspublicationin the Government Gazette except theprovisions of chapter 2 oftitle 2
shall come into forceafteronehundred and eighty daysfromthe datethisAct comes into force and the provisions of section 40 shall come into forcewithin four years from thedatethisActcomesinto force.2
Section 3.TheSocialInsuranceAct,B.E. 2497shall be repealed.
All the other laws, by-laws and regulations in so far as they have already
providedin thisAct or are contrary to or inconsistent with the provisions ofthisAct shall bereplacedbythisAct.
1 As last amended by the Social Security Act (No.3), B.E. 2542 (1999) (published in theGovernmentGazetteVol.116, Part22a, dated 31stMarchB.E. 2542 (1999)
2 PublishedintheGovernmentGazette Vol. 107,Part 161,SpecialIssue,dated 1st SeptemberB.E. 2533(1990)
Section 4.ThisActshallnotapplyto
(1)3 public officials, permanent employees, daily temporary employees and hourly temporary employees of Central Administration, ProvincialAdministration and Local Administration butexcludingmonthlytemporaryemployees;
(2) Employeesof foreigngovernmentorinternationalorganizations;
(3) employees of employers who have offices in the country and beingstationed abroad;
(4) teachers or headmasters of privateschools under the law on privateschool;
(5) students,nursestudents,undergraduatesorinterning physicians who are
employeesof schools,universitiesorhospitals;
(6) otheractivitiesoremployeesasmaybeprescribedin the RoyalDecree.
Section 5.In thisAct:
“employee” means a person agreeing to work for an employer in return for wages irrespective of designation but excluding an employee whois employedfordomestic work whichdoesnotinvolveinbusiness;
“employer” meansa personagreeing toacceptanemployee for work by payinghim orher wages, and includes a person entrustedby an employer to act on his or her behalf, in the case an employeris a juristicperson, itshall include the person authorized to act on behalf of suchjuristic person and the person entrusted by such authorizedpersonto act thereon;
“wages” means all types of money which are paid by an employer to an employeeinreturnforthe work done during normal working hoursand days, whether to becalculated by the duration or the result ofthe workbeing done, and includes money which an employer pays to an employee for holidays and leaves on which the employee does not work, regardless of the way it isspecified, calculated or paid, in any nature or method, and the nameused;
“working day” meansa day scheduledforan employeetowork normally;
3 As amended by section 3of the Social SecurityAct (No.2), B.E. 2537 (1994)
“insured person” means a personwho pays contributions whichprovides entitlementtobenefitsunderthisAct;
“confinement” means the delivery of an infant from mother’s womb in which a period of pregnancy isnotless than twenty-eight weeks, irrespective of whether theinfantisalive ornot;
“invalidity” means loss of physical organ or lossof physicalor mental capacity to the extent that such employee is unable to work according to the criteria as maybedeterminedbytheMedical Committee;
“unemployment” means an insuredperson ceasestowork resultingfrom cessation of legalrelationsbetween anemployerand an employee underhire ofservicescontract;
“Fund” meanstheSocialSecurityFund; “Office” meanstheSocialSecurityOffice ;
“Committee”means theSocial SecurityCommittee;
“member” meansamemberof theSocialSecurityCommittee;
“competent official” means a person appointed by the Minister for the execution of this Act;
“Secretary – General” means the Secretary- General ofthe Social Security Office;
“Minister”means theMinisterhaving charge and control of the execution of this Act.
Section 6.4 Thecalculationofwages for payment ofcontribution shallbe basedonthemonthlybasis.
In the case an employee doesnot receive a monthly wages,the calculation
shallbebased on monthly basis, and it shallbe consideredthat actual wagesreceived bytheemployee ismonthlywages.
4 As amendedbysection 4of theSocial SecurityAct (No.2), B.E. 2537 (1994)
Forthepurpose ofcounting time forpaying contribution ofinsuredperson, it shall bedeemed that contributionbeing deducted fromwagespaidto the employee in any month, shall bepayment of such specified month and, no matter such contribution is computed oris monthly paid, itshall be deemed that the contribution equals to one month.
Section 7. The Minister of Labour and Social Welfare5 shall have charge and control ofthe execution ofthis Act and shall have the power to appoint competent officials, issue Ministerial Regulations prescribing fees not exceeding the rates provided in the schedules hereto attached,grantingexemptionfromfees,andprescribing other activities for theexecution of this Act.
SuchMinisterial Regulation shall come into force upon their publication in the Government Gazette.
5 By virtue of theActon the Organization of Ministries, Sub-Ministriesand Departments (No.8), B.E. 2536 (1993), the Ministry ofLabour and Social Welfareis established, and undertheActTransferringSome Parts of the Powers, Duties and Administration of the Ministry of Interior to the Ministry ofLabour and Social Welfare, B.E. 2536 (1993), the power and duties ofthe Minister ofInterior, in respect of the execution ofthe law
which is under the powersand duties of the Social Security Office, Ministry of Interior, shall betransferredtotheMinisterof LabourandSocial Welfare.
TITLE 1
GeneralProvisions
Chapter 1
SocialSecurityCommittee
Section 8. Thereshallbe a Committee called the “Social Security Committee” consisting ofthe Permanent Secretary for Labour and Social Welfare as Chairman, a representative of the Ministry ofFinance, a representative ofthe Ministry of PublicHealth,and arepresentative of the Bureau of the Budget, and five representatives ofemployers and five representatives of employees appointed bythe Minister, as members andtheSecretary - General shall be amember and secretary6.
TheCommittee mayappointanypersontobeassistant secretaries.
The Ministermay appoint not more than five qualified persons as advisers of the Committee, ofwhom shall at least, be qualified persons in social security system, labour affairs, medical affairs, legal affairs and others.
Section 9.TheCommitteeshall havethe followingpowers and duties;
(1)tosubmitopinions to the Minister in regard topolicy and implementation of social securityunderthis Act;
(2)toconsider and give opinions to the Minister in respect ofthe issuance of RoyalDecrees, Ministerial Regulations and otherregulationsfor the execution of this Act;
(3) to issue regulations, with the approval ofthe Ministry of Finance, in regard to receipts, paymentandsafe-keeping of the Fund;
(5)to issue regulations, withthe approval of theMinistry of Finance, in regardtotheproductiveinvestment of theFund;
6 Asamendedby section 5of theSocialSecurity Act (No.2), B.E.2537 (1994)
(5)to reviewbalancesheetand statement of the receipts andexpenditures of the Fund and annual report on the performance of the Office in regard to social securityunderthisAct;
(6)to provideconsultationsand advicesto other Committee or the Office;
(7) toperformother functions asprescribedin this Act or any other lawsto bethoseof theCommittee oras entrustedbytheMinister.
In the performance ofthe duties under paragraph one, the Committee may assignthe Officetoperformand reporttotheCommittee forfutureproceedings.
Section 10. A member or an adviserappointed by the Ministershall hold office foratermof twoyears.
Themember or adviserwhovacate office may be reappointed, but not more thantwo consecutiveterms.
Section 11.In additiontovacating officeat the end of termunder section 10, a memberoranadviser appointedby the Minister shall vacate officeupon:
(1) death;
(2) resignation;
(3)beingremovedbytheMinister;
(4) beingabankrupt;
(5)beinginsaneormental infirmity;
(6) being imprisoned by a final judgement to a term of imprisonment,except for anoffencecommittedthroughnegligence orpettyoffence.
In the case where a member appointed by the Minister vacates his or her officebeforethe expiration ofhis or herterm, the Minister may appoint another person of the same description of qualification according tosection 8 toreplacehim orherand the appointee shallholdofficefortheremaining term of themember so replaced.
In the case where an additional adviseris appointed by the Minister during the term of advisers alreadyappointed, the appointee shall hold office for the remainingtermof theadvisersalreadyappointed.
Section 12. In the case where members appointed by the Minister have completed the term of office but new Committee has not yet been appointed, the members who vacate office upon the expiration ofthe term ofoffice shall remain in officeforcarryingoutdutiesuntilthenewlyappointed members assume their duties.
Section 13. At ameeting ofthe Committee, thepresence ofnot less than one-half of thetotal numberof members isrequired toconstituteaquorum.
If theChairmandoesnot attendthemeeting or isunable to performhis or her duties, the members present shall elect one among themselves to preside over the meeting.
The decision of the meeting shall be made by a majority of votes. Each
member shall have one vote. In case ofanequality of votes, the personpresiding over the meetingshall havean additional voteasthe casting vote.
Section 14.7 There shallbe a Medical Committee consisting ofa Chairman and other members, totally not more than sixteen persons, appointed by the Minister, and representative of theOfficeshallbememberand secretary.
Chairman and othermembersunder paragraph one shallbe appointed from qualifiedpersonsinthefieldsof medical scienceandshall hold office for a term of two years.
Section 10 paragraph two, section 11, section 12 and section 13 shall apply mutatismutandis.
Section 15. The Medical Committee shall have the following powers and duties:
(1)to submit opinions to the Committee in regard to the performance in rendering medicalservices;
7 Asamendedby section 6of theSocialSecurity Act (No.2), B.E.2537 (1994)
(2) to determine rules and rates ofbenefit in respect of medicalservices providedtoinsured persons under section 59, section 63, section 66, section 68, section 70and section 72;
(3)to submit opinions to the Committee in respect of the issuance ofMinisterial Regulations undersection 64;
(4)to give advices and recommendations on medical mattersto the Committee, the AppealCommittee andtheOffice;
(5)to perform other functions asprescribed in this Act to be those ofthe MedicalCommitteeoras entrusted bytheMinisterorbythe Committee.
Section 16. The Committee or the Medical Committee may appoint a sub- committee to consider or carry out any matter as entrusted by the Committee or the Medical Committee.
Section13 shallapplymutatis mutandis to the meeting of the sub-committee.
Section 17.TheCommittee,the Medical Committee andthe sub - committee shall have powerto summon any persontosubmit documents or data whichare necessaryforconsideration. In this respect, they may order the persons concerned to give statement.
Section 18. Themembers,the advisers, the Medical Committee, theAppeal Committee and the sub-committee may receive meeting allowance, transport expenses, allowance, lodging expenses and other expenses in performing their duties under this Act in accordance with the regulation prescribed by the Minister, with the approval of theMinistryof Finance.
Chapter 2
SocialSecurityOffice
Section 19.Thereshall be established the Social SecurityOffice underthe Ministryof Interior8havingthefollowing powersandduties:
(1) toperformthe administrativeworks ofthe Committee, other Committee andsub-committeeunderthisAct;
(2)tocollect, compile and analyse datain regardto social security;
(3) to organize the registrationof employersand insured persons who are required to paycontributions;
(4) to perform other functions as prescribed in this Act or any other laws tobepowersandduties of theOffice;
(5)tocarry out other activities as entrusted by the Minister, the Committee, otherCommittee orthesub-committee.
Section 20. There shall be Secretary - General with the duties to generally supervisethe performance ofofficial affairs of the Office and command officials in the Office. In thisrespect, there shall be oneor more Deputy Secretary - Generalto assist in the performance of officialduties.
The Secretary - General and Deputy Secretary - General shall beordinary governmentofficials.
8 Byvirtue of the Act on the Organizationof Ministries, Sub-Ministries and
Departments (No.8) B.E. 2536 (1993), theMinistry of Labour and SocialWalfareis established and in this regard the Social Security Office is now under the Ministry of
LabourandSocialWelfare.
Chapter 3
SocialSecurityFund
Section 21. Thereshallbe aFund in the Social Security Officecalledthe “Social Security Fund”tobeutilized forproviding benefits under the provision oftitle 3 toinsuredpersonsand tobeusedas expenses under section 24paragraph two.
Section 22.9TheFundshallconsistof :
(1) contributions from the government, employers and insured person under section 40 andsection 46;
(2) additional paymentundersection 39, section 49, and section 53,
(3) interest of thefund undersection 26;
(4) fee undersection 45;
(5) donation orsubsidy;
(6) moneybecomingpropertyofthe Fundunder section 47, section 47 bis, section 50, section 53 and section 56;
(7) subsidy or advanced money which the Government has paid under section 24paragraph three;
(8) fine collectthrough settlementundersection 102;
(9) other incomes.
Section 23. TheFundundersection 22 shall belong to the Office and is not required to beremittedtotheMinistryof FinanceasStaterevenue.
Section 24. TheFundshall beutilized forbenefitsunder this Act.
The Committee may allot the Fund not exceeding ten per cent ofannual contributions for expensesunder section 18 and for administrative expenses ofthe Office.
9 Asamendedby section 7of theSocialSecurityAct (No.2), B.E. 2537 (1994)
In the case where the fund is not sufficient to cover expenses under paragraph one ortwo, the Government shall subsidize orprovide advancedmoney as itdeemsnecessary.
Section 25. Thereceipts, payments and safe-keepingoftheFund shall bein accordancewiththe regulationsprescribed by the Committee, with the approvalofthe Ministryof Finance.
Section 26. Theproductiveinvestmentof the Fundshall be in accordance withtheregulationsprescribedbytheCommittee, with the approval oftheMinistry of Finance.
Section 27.10 The Committee shall, within six months from the last day of the calendaryear, submitthe balance-sheet and statement of incomes and expenditures of the Fundin the foregoingyear to the Office ofthe Auditor - General ofThailand to be auditedand certifiedbeforesubmittingtothe Minister.
The Minister shall submit the saidbalance-sheet and statement ofincomes and expenditures to the Prime MinistertofurthersubmittotheParliamentfor information andsuchbalance-sheetandstatementshall be published in the Government Gazette.
Chapter 4
Surveyof Social Security
Section 28. For the purpose of social security under this Act, the Royal Decree maybeissuedto makesurveyon problemsand dataconcerning labourmatters.
10 Asamendedbysection 8of theSocialSecurityAct(No.2), B.E. 2537 (1994)
TheRoyal Decree underparagraph one shall specify at leastthe following particulars:
(1)thepurposeof thesurvey;
(2)the officerorcompetent official who shall carry out the survey;
(3)theperiod ofenforcement whichshall notexceed twoyears.
Section 29. When the Royal Decreeunder section 28 has been issued, the Secretary - General shallnotifythefollowings:
(1) form of survey;
(2)the period oftime in which the officer or competent official will submit the formof surveytoemployer;
(3) a period ofnot less than thirty days within which the employer is required to returnthe duly filled form of surveyto the officeror competentofficial, the detailsof whichshallbementionedin theformofsurvey.
TheNotification underparagraph one shall bepublished in the Government Gazette.
Section 30. The form of survey under section 29 (1) shall be sent to theemployer by registered post with returned receipt or by hand delivery ofthe officer or competent officialat domicile or resident or office of theemployer duringsunrise to sunset or during working hours ofthe employer. In the case where the employer is not present at his or her domicile or resident or office, the form may be delivered to asui jurisperson wholives orworksinthe home oroffice apparently belongs to the employer.
In the case where the delivery as specified under paragraph one can not be made, the form of survey shall be posted in a conspicuous placeatthe office of the employer. After having completed such delivery and a period of fifteen days has elapsed, the employerisdeemed to havereceivedsuch formof survey.
Section 31.Afterreceiving the form of survey, the employer shall truthfully completeeveryitem in the form of survey and return the filledform of survey to the officer or competentofficial within aperiod of time specified under section 29(3)
Section 32. All information or figures filled out in the form ofsurvey shall be confidential.It shallbe forbidden fortheofficerwho performs the dutiesunder this Actto disclose such information or figuresto anypersonwho has no dutiesunder this Act except in the case where itisnecessaryforthe benefitsof social security or labour protection orforthebenefitsof investigation ortrial.
TITLE 2
SocialSecurity
Chapter 1
Insured Person
Section 33.11 The employee who has been over fifteen years of age and notmorethansixtyyearsof age,shallbe insuredperson.
The insured person under paragraphone whohasbecome sixty yearsofage andhas continually been an employee oftheemployer under this Act, shall be deemed to be anemployeewhois aninsuredperson.
Section 34. An employer who employs employees being insured persons under section 33 shall submit the statement specifying names of insured person, rate of
wages and other information, in accordance with the form prescribed by the Secretary - General, to the Office within thirty days as from the dateon which the employees become insuredpersons.
11 Asamendedbysection 9of theSocialSecurityAct (No.2), B.E. 2537 (1994)
Section 35. Inthe case where the principal who employs employees by thewholesale wages method has sub-contracted the execution ofwork andthe responsibilityfor paying employees wagesto otherperson, or has sub-contracted anyperson for thesupplyoflabourwhich is not employment service business andthe sub-contracted work is apartintheprocess of productionor of businesswhichis undertaken in the establishment orworkingplace ofthe principal and the essential equipment for such work isprovidedbythe principal, the principal shall be an employer who is required to perform dutiesunder this Act.
In thecase where theentrepreneur who has been sub-contracted by the wholesalewagesmethodunderparagraph one is acting as an employerby submitting the statement to theoffice undersection 34, such entrepreneur shall have responsibility to comply with this Act in the same manner as the employer. In this case, the principal shall discharge from the responsibility for payment of contribution and additional money, for the amount of which the entrepreneur who has been sub-contracted by the wholesale wages method,haspaidto theoffice.12
Section 36. When an employerhas submittedthe form under section 34,the Office shall issueto the employer a social security certificate ofregistration andto the employee a social securitycardin accordance withtheform, rules and procedures prescribed in theMinisterial Regulations.
Section 37. Inthecase where it is appearedto the Officeor an employee complains that the employerfails to submit a form under section34 or having submitted such formbut thename ofsome employees who are insured persons under section 33 are omitted, the Office, upon the determination ofrelevant evidence, shall have powerto record details in the form under section 34, and shall issue the social security certificate of registration totheemployer and/orasocial security card to an employeeundersection 36, asthecasemay be.
12 Asaddedby section 10 of theSocialSecurityAct(No.2), B.E. 2537 (1994)
In exercising the power under paragraph one, the Secretary- General or the person authorized by the Secretary - Generalmay investigatethe matter beforeproceed toanyprocedure.
Section 38. An insured person under section 33shall cease to be insured
person upon:
(1) death;
(2) cessation of being anemployee.
In thecasewheretheinsured personwho ceases to be an employee under(2) haspaid fullamount of contribution, according to the condition oftime which shallentitle him or her to receive benefits under title 3. The said insured person shall be entitledunderchapter 2, chapter 3, chapter 4 and chapter 5 fora further period ofsix monthsfrom thedate his or her employment is terminatedor fora period of time prescribed in theRoyal Decreewhich shall notbe longerthan twelvemonths from the date hisorheremployment isterminated13.
Section 39.14 Any person who is an insured person under section 33, haspaid contribution foraperiodof not less than twelve months and, subsequentlyceases tobe insured person in pursuance ofsection 38(2), ifsuch person wishes to continually be insured person, he or she shall,within six months fromthe date of his or her terminationtobe insured person, notify his orher statementtothe Officeaccording to theregulationsprescribed bytheSecretary - General.
13Asamended bysection 3of theSocialSecurityAct (No.3), B.E. 2542 (1999) 14 Asamendedbysection 12 of theSocialSecurityAct (No.2), B.E. 2537 (1994)
The amount ofmoney using as basis for calculating contribution which the insuredperson underparagraph one has to pay to the Fund under section 46 paragraph two, shall be inaccordance with the rate prescribedin the MinisterialRegulations and with due consideration ofsuitabilityofeconomicsituation.
Theinsuredperson under paragraph one, shall pay monthly contribution to the Fundwithinthefifteenth dayof thefollowingmonth.
The insured person under paragraph one, who does not pay contribution orcannot pay full amount ofcontribution within the prescribed time under paragraph three, shall pay an additional amount atthe rateof two per cent per monthof the unpaid contribution or of the late paymentcontribution starting from the day following the due date.For anyfraction ofthe month, ifit isfifteen days or more, it shall be counted as a month, if less,it shallbedisregarded.
Section 40. Any other person who is not an employee under section 33 may apply to be an insured person under this Act by notifying his or her intention to theOffice.
Rules and rate ofcontributions, type ofbenefitsto be received under section 54including rulesandconditionsofentitlementshall beprescribed in the Royal Decree.Section 41.15Aninsuredpersonunder section 39 shall ceaseto be insured
upon:
(1) death;
(2) havingsubsequentlybecome an insured person undersection 33;
(3) resigning from being insured by notifying his or her intention to the
Office;
(4)payingnonecontributionsforanuninterrupted period of three months;
(5) payingcontributionson his part within the period oftwelve months, less thancontribution specifiedfor theperiodof ninemonths.
15Asamendedbysection 13,ibid.
The terminationof being insured person under (4)shall befrom the first month wherenone contributionis paid and the termination ofbeing insured person under (5) shall be from the month where the payment ofcontribution is less than contributions specifiedfor the period of nine months.
In the case an insured person whose insurance being terminated under (3),(4) and (5) has paid full amount of contribution according to the conditions of time which shall entitle him or her to receive benefits under title 3, the said insured personshall be entitled under chapter 2, chapter3, chapter 4 and chapter5 for a further period of six monthsfrom the datehis or herinsurance is terminated.16
Section 42. For the purpose of creating entitlement for an insured person to receive benefits under the provisions of title3, each period of being insured under section 33 and/or section 39shall be computedtogether.
Section 43. Anyundertaking which is subjected tothis Act shall continueto be so subjected until it ceases to operate, even it subsequently hasless employees than the prescribed number and the remaining shall stay so insured. In the case where such undertaking has employed a new employee, the said employee shall be an insured person under thisAct, even the total number of employees are less than the prescribed number.
Section 44.17In the case where thefact relating to the content in the particulars submitted to the Office, has changed, theemployer shall apply in writing to change or amend such particulars within the fifteenth day of the month following the month of which the changing has occurred.
The provisions of section37 shall apply to thecase where the employer does not complywith this section, mutatis mutandis.
16 Asamendedbysection 4of theSocialSecurityAct (No.3), B.E. 2542 (1999) 17Asamendedbysection 14 of theSocial SecurityAct (No.2), B.E. 2537 (1994)
Section 45. Inthe case where the social security certificate ofregistration or socialsecuritycard is lost, destroyed or materially defaced, the employer or the insuredperson shall, within fifteen daysfrom thedateheorsheisawareof theloss,destruction or defacement, file an applicationtothe Officefor a substituteofthesocial security certificate of registration or social security card, as the case may be. The filing of application thereof shall be in accordance with the regulations prescribed by the Secretary - General.
Chapter 2
Contributions
Section 46.18 The Government, an employer and an insured person under section 33 each shall pay contributions equally to the Fund at the rate prescribed in the Ministerial Regulationsfor payment of benefits relating to injury,sickness, invalidity, death and maternity, but the contributions thereofshall not exceed therate ofcontributions appended tothisAct.
The Government, an employer and an insuredpersonunder section 33, shall pay contributions to the Fund at the rate prescribed in the Ministerial Regulations for payment of benefitsrelatingto child benefit, old-age benefit, and unemployment benefit, but the contributions thereof shall not exceed the rate of contributions appended to this Act.
For the insurance under section 39, the Government and an insured person shall pay contributions to the Fund in the proportion that the Governmentpaying one time and an insured personpaying double of the rate of contributions atwhicheach party isrequired topayas prescribedin paragraph one.
18 Asamendedbysection 5of theSocialSecurityAct(No.3), B.E.2542(1999)
In determiningtherate of contributionsunderparagraph one and two, it shall be taking into account the benefits payment and administrative expenses of the Office under section 24.
Minimum and Maximum wages which areused as basis of calculating contribution ofeach insured personunder section 33 shall be in accordancewith the Ministerial Regulations. In calculating contribution ofeachinsured person,the fraction of contribution asfromthe amount offifty stangs shallbe counted as one bath, ifless,it shall be disregarded.In the casewhere the insured person works for several employers, contributions shall be calculatedfrom wages whichsuch insured person received from each employer.
Section 47.19 For everypayment ofwages, the employer shall deductwages of an insured person at the amount to be paid for contributions on the part ofthe insured person under section 46.Afterthe deduction thereof, it is deemed that the insured person has paidhisor her contribution from thedate of deduction.
The employer shallpay contributions on thepart ofan insured person which is deducted under paragraph one and on the part ofthe employer, to the Office within the fifteenth day of themonth followingthe month of deduction and shall submit statement showing payment ofcontributions according to the formasprescribedby the Secretary - General.
Ifanemployer failsto pay wages in due time, the employer shall have duty to pay contributions underparagraph two and it is deemed thatthere hasbeen apayment of wages.
19 Asamendedbysection 16of theSocialSecurityAct (No.2), B.E. 2537 (1994)
insured person, or on the part of the employer to the Office in excess of the amount need to be paid, the employer or the insured person shall apply forreimbursement according to theregulationsprescribed by the Secretary - General.Ifthe employer or the insured
person does not apply for reimbursement within one year as from the date ofreceiving the noticeto reimbursethemoney,suchmoneyshall belongtothe Fund.
Section 47 bis.20 In the case where an employer does not pay the contribution or cannot pay full amount of contribution within the prescribed time under section 47 paragraphtwo, the competent officialshall sendthe noticein writing ordering the employer to pay contribution due with additional payment within theprescribed time which must not less than thirty days as from the date ofreceiving the said notice. If the employer, upon receiving such notice, does not pay contributions due and additional payment within the prescribedtime, the competent official has powerstoassess the contributionand notifyin writingordering the employerto pay, as follow:
(1) If theemployerhad paid any contribution before, it shall be deemed that
the amount of contribution to be paid by the employerwithineach following month equals to the amount of contribution of the month where the employer paid for the wholelast month.
(2) Ifthe employer who has duties to comply with this Act, does not
submit particulars under section 34 or submit particulars under section 34 but has neverpaid anycontribution of submit particulars undersection 34, byindicating thenumberand the list of theemployees’ nameless than theactualnumberof theemployees, itshall be calculatedfrom the particulars submitted bytheemployeror from thenumberof employees whom the competent office has examined,as the case may be, and itshall be deemed that each employee received the monthly wages at the ratespecified in the particularsso submitted.
20 As addedbysection 17,ibid.
particulars, it shall be deemed that each employee receives the monthly wages, not less thantheminimum daily wage, according to the law on labour protection being enforced within thatlocality,multiplying bythirty.
In the casewhere there is the investigation within two years as fromthe date of notice of contribution assessment under paragraphone, that the actual amountof notice of contribution to be paid by the employer ismoreor lessthanthe amount assessedby the competent official under (1) or (2),the Office shall send the notice to the employer notifying such investigation within thirty days as from the date of knowing theresult of investigation inorder that the employer shallpay the additional contribution within thirty days as from the date of receiving the notice or filing an application for reimbursement. If the employer does not receive reimbursement within one year asfrom the date of knowing theresultof investigation, thesaid money shall belongto the Fund.
For servingnotice, notification of the amount ofcontribution assessment, and notification ofthe result of investigation, the provisions of section 30 shall apply mutatis mutandis.
Section 48. Inthecasewherean insuredpersonworks formore than one employer,all of theemployers shall have duties to comply with the provisions of section 46and section 47.
Section 49. An employerwho doesnotpay contributions on hisor her part or on the part ofinsured person of fails to pay full amount ofcontributions within the prescribedtime under section 47, shall haveto pay an additionalpayment atthe rate of two per cent per month of the outstanding contributions which has not yet been paid or ofthe missing amount as from the day following the due date. For any fraction ofa month,if it is fifteen days or more,itshall be counted asa month, if less, it shall be disregarded.
contribution or hasdeducted but not in full amount ofcontributions according to section47 paragraphone,the employershall be liableforthefull or unpaid amount ofcontributions of suchinsuredperson and shall pay an additional payment ofthis undeducted or unpaid amount under paragraph one as from the day following the due date. In such case, the right ofthe insured person shall be treated as ifhe had paid full
amount of contribution.
Section 50. The Secretary - General has the power to issue written order to seize, attach andsellby auction the properties of the employer who failstopay contributions and/or an additional payment orfails to pay full amount of contributions undersection 49tothe extentas necessarytocoverthe outstanding contributions.
The order to seize, attach or sell by auction the properties under paragraph onemaybeissuedafterhavingdispatchedawrittennoticeorderingthe employer to pay the outstanding contributions and/or additional payment within a fixed period of not less than thirty days as from the date the employer, upon receiving the said notice, fails to pay within theprescribed time.
Rules andproceduresof seizure, attachment and saleby auction of properties under paragraph oneshall be in accordance with the regulations prescribed by the Minister, in this respect the rules and procedures under theCivil Procedure Code shall applymutatismutandis.
The proceeds obtained from such sale by auctionshall be deductedfor expenses in the seizure, attachment and sale by auction and for payment of outstanding contributions and additional payment.Any remainder shallbe immediately returnedto the employer. Ifthe employer does not claim for this remainder within five years, it shall become the propertyof the Fund.
Section 51. In the event ofdebt to non-payment ofcontributions and /or additional payment, the Office shallhave preferential right onallproperties of the employerwho isdebtor and shall be same rank with the preferential right on account of taxes andratesaccording to theCiviland Commercial Code.
Section 52. In the casewhere an employer is a sub-contractor, thepreceding sub-contractors,if any, including the first sub-contractor shall all be jointly liable withthe sub-contractor whois obliged as an employer for payment of contributions on the part of employerunderthis Act.
Section 53.21 The provisions ofsection 49, section 50 and section 51 shall apply to the sub-contractor under section 52, who does not pay contribution or cannot payfull amountofcontributionswithin the prescribedtime,mutatis mutandis.
TITLE 3 Benefits
Chapter 1 General
Section 54.An insured person or a person under section 73 shall be entitled to receive the followingbenefitsfrom the Fund:
(1) injury orsicknessbenefits;
(2) maternity benefits;
(3) invalidity benefits;
(4) death benefits;
(5) child benefits;
(6) old-age benefits;
(7) unemploymentbenefitsexceptforaninsured person undersection 39.
21 As amendedbysection18 of the Social SecurityAct (No.2), B.E. 2537 (1994)
Section55. In the case where an employerhas,before the dateof enforcementof this Act,provided welfare inrespect ofnon-occupationalinjury or
sickness or invalidity or death, or maternity or child allowance or old- age,orunemployment to an employeewho is an insured personunder section 33 andhas been employed before the date of enforcement of this Act, ifsuchwelfarehas provided benefitsin any casehigherthan any benefits under this Act, the employer shall present work regulation, hire ofservicescontract orconditions ofemployment, which specifies such welfaretothe Committee to apply for a discount ofthe rate of contributions in respect ofthe type ofbenefits fromthe rate atwhich the employerhas provided to therate atwhich an insured personand an employer are requiredto pay to the Fund under section 46, and the employer shall use the rate of contributions after discount to compute the amount of contributionsonthe partof an insured person and of the employerto bepaidtothe Fundforotherbenefits.
The application foradiscount of the rate of contributions and the determination ofa discount ofthe rate ofcontributions underparagraph one shall be in accordance withrule,procedureandconditionsprescribedbytheCommittee.
Section 56.22 An insured person or anyperson who thinks that he orshe is entitled to any benefit as prescribed under section54 and wishes to receive said benefit, shall file an application according to the form prescribed by the Secretary - General, to the Office withinone year from the date of such entitlementandthe Secretary - General or the person entrusted by theSecretary - General shall consider such applicationpromptly.
In the case the benefit under paragraph one is a sumof money,if the insured person or the entitled person does not receive such money within two years from the dateofreceiving the notice fromthe Office, the said money shallbelong to theFund.
22 As amendedbysection19 of the Social Security Act (No.2), B.E. 2537 (1994)
Section 57.23 In the calculation of daily wages for payment of income
replacement to an insured person under section 33, it shall be computed from the firstthreemonth ofwagesemployed which the employerusesas a basis in calculating contributions tobepaid to the Officewithin the retroactive nine months and divided by ninety. Ifthe insured person has an evidence proving that wages employed of
anotherthreemonth duringthe period ofsuch retroactive nine moths shall produce the better outputthanthe firstone, it shouldbe calculated by using wages employed of such another three months and divided byninety. In the casewhere an insuredperson paid contributions less than nine months, it shall be computed by using the last three monthof wagesemployed which the employer used as a basis in calculating contributionstobe paidtotheOfficeanddividedbyninety.
Forthecalculation ofdailywagesfor payment of income replacement to an insured person under section 39, it shall be computed from the average wages used as basisforcalculationofcontributionundersection39paragraphtwo.
Section 58. In case the benefits under this Act are medical services, an insured person or his or her spouse shall receive such services from the hospitals or other places rendering medical services asprescribedundersection 59.
Details and conditions ofmedical services to an insuredperson or his or her spouse shall be in accordance with the regulation prescribed by the Secretary - General, with theapprovalof theCommittee.
Section 59. The Secretary - General shallpublish in the Government Gazette
the area of coverage and the names of hospitals orother places rendering medical services at which an insured person or his or her spouse shall be entitled to receive medical services.
23 As amendedbysection20 of theSocial Security Act (No.2), B.E. 2537 (1994)
An insured person or hisor her spouse, who isentitled to receive medical servicesand is employed orhasdomicile in a locality, shall receive medical services at thehospitalor places prescribed under paragraph one in such locality, exceptno hospital or other places under paragraph one thereof are existed in such locality or if the insured person or his or her spouse has justifiable reason that he or she is unable to receive medical servicesat the hospital or places prescribedthereof.Uponsuch reason, the medical services may be rendered at the hospital or places as prescribed under paragraph one in anotherlocality.
In the case where an insured person or his or her spouse receives medical services at hospitalor placesother than those prescribed under paragraph two, the insured person shall be entitled to reimburse for the cost ofmedical services being paid at the amount fixedbythe Office, taking into account the conditions of injury or sickness, maternity, economic situation in each locality and nature of medical services
having received . In this respect, it shall not exceed the rate prescribedby the Medical Committee,withtheapproval of theCommittee.
Section 60. Inthe casewhere aninsured person orhis orher spousewho has received medical services at the prescribed hospital or place ignores or does not comply withtherecommendations or instructions ofthe doctorwithoutjustifiable reason, the Secretary - General or a person entrusted by the Secretary - General, with the approval of the Medical Committee, may determinetoreduce benefits which such insuredpersonorhisorher spouseisentitled.
Section 61.24 An insured person or a person under section 38 paragraph two, section 73 or section 73 bis shall not be entitled to benefits when there is any cause showing that the above mentioned person intentionally causes the injury or sickness or invalidity ordeath to be happened or permits other personin doing such
incidents thereof.
24 As amendedbysection21 of theSocial SecurityAct (No.2), B.E. 2537 (1994)
Section 61 bis.25In the case where an insured person is entitled to income replacement under section 64 and section71 and, simultanously, entitled to allowance for work - leave asaresult ofchild deliveryunder section67, the said person shall be entitled to receive only one category ofbenefit, either income replacement or allowance for work-leave as a result of child delivery, by stating his or her intentionaccording to the form prescribed by theSecretary - General.
Chapter 2
Injury orSicknessBenefits
Section62.26 An insured person shall be entitled to non - occupational injuryor sickness benefitswhen he orshehaspaid contribution foraperiod of not less thanthree monthsduring period of fifteen months before the date ofreceiving medical services.
Section 63.Benefitsfornon-occupationalinjury orsickness shall consist of:
(1) medicalexamination expense;
(2) medicaltreatment expense;
(3) lodging,mealsand treatmentexpensesin hospital;
(4) medicineand medicalsupplied expenses;
(5) costof ambulance ortransportationfor patient;
(6) othernecessary expenses
The above mentioned expenses shall be in accordance with the rules and rates prescribed bytheMedical Committee, withthe approvalof the Committee.
25 As addedbysection22, ibid.
26 As amendedbysection23 of theSocial SecurityAct (No.2), B.E. 2537 (1994)
Theinsured person who is taking work-leave to receive medical treatment under the instruction ofdoctor, shall, also, be entitled to income replacement according totheprescribedcriteriaundersection 64.
Section64. In the case wherean insuredperson suffers from non- occupational injury or sickness, the insured person shall be entitled to income replacement at the rate of fifty per cent ofwages employed under section 57 for a periodthe insuredperson has take work-leave to receivemedical treatmentunder the instruction of doctor which shall not exceed ninety daysoneachoccasion and not more than one hundred and eighty days in a calendaryear. Except for sickness from chronicdisease asprescribed in the Ministerial Regulations, the said insured person shall be entitled to income replacement for more than one hundred and eighty days but not exceedingthreehundredandsixty - fivedays.
The calculation period for receiving income replacement shall be computed from the first day ofwork - leave under the instructionof doctor until the last day specified by the doctor or until the last day of work - leave in case insured person has returned toworkbeforethe fixed date under the instruction ofdoctor but not exceeding the periodsof time under paragraph one.
Ifan insured person is entitled to receive wages fromthe employer during sick leave for medical treatment according to the law on labour protection or entitled according to work regulation, hire of services contract or conditions of employment, as the case may be, the insured person shall not be entitled to receive benefits under paragraph one until the entitlement to receive wages is subsequently exhausted, and shall only be entitled to receive the said income for the remaining period. However, ifthe wages received from employer in any case is less than the income replacement payable by the Fund, the insured person shall be entitled fromthe Fund, the income replacement for the difference.
Chapter 3
Maternity Benefits
Section 65.27 The insured person shall be entitled to maternity benefits for herself or for the spouse or for the women who cohabits publicly as husband and wife with the insured person according to the regulations prescribedby the Secretary - General, in case the insured person has no wife. In this regard the insured person must have paid contribution for not lessthanseven months,during the period of fifteenmonths before the dateof receiving medical services.
The insured person shall be entitled to receivematernity benefits fornot morethan twotime of child delivery.
Section 66. Maternitybenefitsshallconsistof:
(1)medicalexaminationandchild bearingexpenses;
(2)medicaltreatmentexpense;
(3) medicineandmedical suppliesexpenses;
(4) confinementexpense;
(5) lodging, mealsandtreatment expenses in hospital;
(6)new - bornbabynursingandtreatmentexpenses;
(7) costof ambulanceor transportation forpatient;
(8) othernecessaryexpenses
The above mentioned expensesshall be in accordance with the rules and rates prescribed bytheMedicalCommittee, withthe approval of the Committee.
The insuredperson who has to take work-leave for child delivery, shallbe entitled to receive work-leave allowance for child deliveryaccordingtothe prescribed criteria under section 67.28
27 As amendedbysection24 of theSocial Security Act (No.2), B.E. 2537 (1994) 28 As amendedbysection25 of theSocial Security Act (No.2), B.E. 2537 (1994)
Section 67.29 In the case where the insured person has taken work-leave forchild delivery, suchinsuredperson shall be entitledto receive work-leaveallowance forchild deliverynot more than two time by lump sumpayment at therate offifty per centof thewagesundersection 57,withinninetydays.
Section 68. Iftheinsuredperson or his or her spouseis unable to receive the benefits under section 66, by reason that the child delivery is taken in the hospital other than those prescribed under section 59, such insured person shall be entitled to maternity benefits according to the rulesand ratesprescribedby the Medical Committee, with theapprovalof the Committee.
Chapter 4
Invalidity Benefits
Section 69.30 The insured person shall beentitled toinvalidity benefits
according tothecauseunrelatedtowork when heor shehas paid contribution for aperiod of notlessthanthreemonthsduringthe periodoffifteenmonths before being invalid.
Section70. Invaliditybenefits shallconsistof:
(1) medicalexamination expense;
(2) medicaltreatment expense;
(3) medicineand medical suppliedexpenses;
(4) in-patient, meals andtreatment expenses in hospital;
(5) cost of ambulance ortransportation for invalid person;
(6) physical, mental and occupational rehabilitated expenses;
(7) othernecessaryexpenses
29 Asamended bysection26,ibid.
30 Asamendedby section27 of theSocialSecurityAct (No.2), B.E. 2537 (1994)
The above mentioned expenses shall be in accordance with the rules and rates prescribed bythe Medical Committee,withtheapprovalof theCommittee.
Section71.31 In the case where the insured person has become invalidity by the cause unrelated to work, such insured person shall be entitled to receive income replacement at the rate of fifty per cent ofthe wages under section 57 through his or her life.
Section 72.Inthe casewherethe MedicalCommittee has determinedthat the
invalidityof an insured person being rehabilitatedunder section70 (6) has been developed to be in better condition, the Secretary - General or the person entrusted by the Secretary -General may decide to reduce income replacement in accordance with the rules and procedures prescribed by the Medical Committee, with the approval ofthe Committee.
In the case where there is a reductionof income replacement under paragraph one, andtheinvalidity has subsequentlybecome worse, the Secretary - General may,uponthe decisionoftheMedicalCommittee thattheinvalidityhasbecomeworse than the resultconsideredunderparagraph one,consider anadditional income replacement.32
Chapter 5
Death Benefits
Section 73.33 In the case where the insured personhasdied without sustaininginjury orsickness due to work, ifthe insured person has paid contribution for aperiodofnot less than one month during the period ofsix months beforehis death, thefollowingbenefitsshall be paid, incaseofdeath:
31Asamendedby section28,ibid.
32 Asaddedby section29 of theSocialSecurity Act (No.2), B.E. 2537 (1994) 33Asamendedby section30,ibid.
(1)funeral expenses accordingtothe rate prescribed inthe Ministerial Regulations, but the total amount mustnot less than one hundred times of themaximum
rate of daily minimum wage under the law on labour protection, to the following personsinrespectiveorder.
(a) person whom the insured personhas specifiedto be the administrator of hisfuneral and havingbeen theadministratoras such;
(b) spouse, parents or children of the insured person who has evidence certifyingtheperformanceastheadministratorof thefuneralof theinsured person;
(c) otherperson withevidencecertifyinghis or her performance as the administratorof thefuneralof theinsuredperson.
(2) Allowance, in thecasewhere an insured person is dead, shall be paid to a person whom theinsured personhas specifiedin writing tobethe receiver of the allowance. If the insured person has not made any writing, such allowance shall be equally shared among spouse, parents or child of such insured person on the following amount:
(a) Ifbeforehis or herdeath, the insured personhaspaid contributions more than thirty six monthsbut lessthan ten years, the allowance shallbepaid in an amount equalto fiftyper cent of monthlywages calculated in accordancewith section 57and multipliedbythree;
(b) Ifbeforehis orherdeath, the insured personhaspaid contributions morethan tenyears, the allowance shallbe paid in an amount equalto fifty per cent of monthlywagescalculated inaccordancewithsection57 andmultipliedby ten.
Section 73 bis.34 Inthecase where the insured person who is invalid under section 71, has died, the provisions of section 73 shall apply, mutatismutandis, and the income replacement received forthe last monthbeforethe death of such insured person
shall be used asbasisforcalculation.
34 Asaddedby section31 of theSocialSecurity Act (No.2), B.E. 2537 (1994)
In the case an insured person who is invalid, is, simultanously entitle to receivefuneralexpenses and allowance upon his death on the status of his insurance and his invalidity according toparagraph one. Thebeneficary ofsuch insuredperson shall havetheright to receive either thefuneral expensesorthe allowance receivingunder section 73.
Chapter 6
Child Benefits
Section 74.35An insured person shall be entitled to child benefits provided that such person has paid contributions for a period of not less than twelve months during the period of thirtymonthsbeforehaving suchentitlement.
Section 75.Childbenefitsshallconsistof:
(1) childrenlivingexpenses;
(2) children tuitionfees;
(3)hildrenmedical expenses;
(4) othernecessaryexpenses
The above mentioned expenses shall be in accordance with the rules and rates prescribed in theMinisterialRegulations.
Section 75bis.36In thecaseaninsuredpersonwho isentitled to
childbenefitsunder section 74, is an invalidated person with entitlement toeither invalidity ordeath benefit, suchperson orthe person specified under section75 quarter shallalsobeentitled tochildbenefit.
35Asamendedby section6of the SocialSecurityAct (No.3), B.E.2542 (1999) 36 As addedby section7,ibid.
Section 75 ter.37 An insuredperson shall be entitledto childbenefits for his orherlegitimate child according tothe age as prescribed by the Ministerial Regulations, suchentitlement shallbe terminated when the child is fully fifteen years of age and shall notexceed twochildrenat a time.
In the case both parents are insured persons, only the father or the mother shall be entitled to childbenefits except inthe caseofregistrated divorce or separation, an insured persons who provides the child’smaintenanceshallbe entitledtosuch benefit.
Child benefits shall be inaccordance with rules, procedures and conditions prescribed in theMinisterial Regulations.
Section 75. quarter.38 In the casewhere an insuredperson is dead, child benefits shall be paidtothefollowingpersonsinrespective order:
(1) husbandor wifeof the deceased ortheperson who cohabits
publicly as husbandorwifewith the deceased according to the rule as prescribed by the Secretary -Generaland isexercising theparental power.
(2) in the case the person specified in (1) does not provide maintenance to thechildor his or her parentalpower is cancelled or he or she is dead, the person who provides maintenance to the child shall beentitled to such benefits.
Chapter 7
Old- Age Benefits
Section 76.39 An insured personshall be entitledto old-agebenefitsprovided that such person has paid contributions foraperiodof not less than one hundred and eighty months irrespective of whether the period of contribution is consecutive or not.
37 Asadded by section7of theSocialSecurity Act (No.3), B.E. 2542 (1999) 38Asadded bysection7,ibid.
39 Asamendedbe section8,ibid.
Section 77. 40Old – age benefits shall consist of :
(1) monthly allowance namely “Superannuation Pension” ; or
(2) lump sum allowance namely “Superannuation Gratuity”
The above mentioned allowance shall be in accordance with the rules, procedure, period and rate prescribed in the Ministerial Regulations.
Section 77 bis. 41In the case where an insured person has paid contributions for a period of not less than one hundred and eighty months, such person shall be entitled to old – age benefits as from the month following the month which he or she has reached the age of fifty five, except at such time the said person is continually being an insured person under section 38 or section 41, he or she shall be entitled to old-age benefit as from the month following the month his or her insurance is terminated.
In the case the insured person has paid contributions for a period less than one hundred and eighty months and ceased to be an insured person under section 38 or section 41, such person shall be entitled to old-age benefits.
Section77ter.42 In thecasewhereapersonentitledtoold-agebenefitsis subsequently become an insured person, the payment of old-age benefits shall be exhausted until the insurance of such person is terminated under section 38 or section 41, as the case may be.
In the case the insurance is terminated under any causes other than death, such person shall be entitled to old-age benefits.
In the case the insurance is terminated upon death, the insured person’s heirs under section 77 quarter shall be entitled to old-age benefits.
40 As amended by section 8 of theSocialSecurityAct (No.3), B.E. 2542 (1999) 41 As added bysection9,ibid.
42 As added by section9,ibid.
Section 77 quarter. 43 In the case where an insured person who is entitled to old- age benefits under section 77 bis, is dead before receiving such benefits or in the case where a person receiving superannuation pension is dead within sixty months as from the month of hisorherentitlement,theheirsofsuchperson shallbe entitledto such superannuation pension.
The heirs specified in paragraph one shall be as follows :
(1) legitimate child of the deceased except adopted child or the child adopting to other person, shall be entitled to two portions and in the case the deceased has more than three legitimate children, such heirs shall be entitled to three portions ;
(2) husband or wife shall be entitled to one portion ;
(3) parents or father or mother who is stillsurvivingshallbeentitled toone portion.
In the case there are no heirs of any subsection or such heirs is dead before the distribution of benefits, the benefit as prescribed under section 77 (2) shall be distributed among heirs of the same subsection.
Section 77 quinque. 44 In the case where an insured person is simultanously entitled to income replacement under section 71 and to superannuation pension, such person shall, in substitution, be entitled to income replacement under section 71 and superannuationgratuity.
In the case an insured person has already received superannuation pension and subsequently becomes invalidity within the prescribed time under section 38 paragraph two, the payment ofsuperannuation pension shall be terminated and suchperson shall, in
substitution, receive superannuation gratuity ofwhich the amount of superannuation pension paid before the becoming of invalidity shall be deducted from the amount thereof and remit to the fund.
43 As added bysection9,ibid.
44 As added by section 9 of the Social Security Act (No. 3), B.E. 2542 (1999)
Chapter 8
Unemployment Benefits
Section78. An employeewhoisaninsuredperson shallbe entitledto unemploymentbenefitsprovided that the such employee has paid contributions for a period of not less than six months within a period of fifteen months before becoming unemployment and meets the following conditions :
(1) beingabletowork,beingreadyforsuitable jobasprovided,havingno objectionto jobtrainingandhavingbeenregisteredwith the Government Employment Service Office at which his or her presentation is frequently required for not less than once a month ;
(2) the unemployment of an insured person is not caused by the termination as theresult of malperformance of duty, or intentionally committing a criminal offence against the employer,orintentionallycausingdamagetotheemployer,orviolatingmaterialrulesor work regulations or lawful order of the employer, or neglecting duty for seven consecutive days without justifiable reason, or causing serious damage to the employer as the result of negligence or being imprisoned by the final judgement to imprisonment except for an offence committed through negligence or petty offence ;
(3) being untitled to the old-age benefits under chapter 7 of this title.
Section 79. An insured person shall be entitled to unemployment benefits on and after the eighth day as from the date of becoming unemployment with the last employer in accordance with the rules and rates prescribed in the Ministerial Regulations.
TITLE 4
Competent Officials, Inspection and Supervision
Section 80. In the performance of duties, the competent officialshall have the following powers :
(1)to enterthe establishment or office ofan employer, workplace ofan employee, between sunrise andsunsetorduring working hours, to inspector inquire into facts, to inspect properties or other documents, to take photographs, to photocopy documents relatingtoemployment,wagespayment,employee records, payment ofcontributions, or other relevantdocuments,orto take the relevantdocumentsforexaminationorforother
appropriate action in order to obtain facts for the execution of this Act.
(2) to search any locations or vehicles when there is a reasonable cause to suspect thatthere areproperties ofan employerwho doesnot pay contributionsor additional contributions or fails to pay the full amount thereof, during working hours or between sunrise
and sunset except in the case of prolonged searching which has not been completed within the aforesaid period.
(3) to issue letter of inquiry or summon any persons to give information or to produce relevant items or documents or other necessities for examination. In this regard, the provisions of section 30 shall apply mutatis mutandis.
(4) toseizeorattachpropertiesof anemployeraccordingtotheorderof the Secretary-General under section 50 in the case where an employer does not pay contributions or additional contributions or fails to pay the full amount thereof.
In the performance ofduties underparagraph one, a competent official may bringcivilservantsor employeesof theOfficeto assistin theperformancethereof.
Section 81. In the performance of duties of competent official under section 80, the persons concerned shall provide such competent official with reasonable facilities.
Section 82. In the performance of duties, the competent official must produce his or her identity card.
The identity card of a competent official shall be in a form prescribed by the
Minister.
Section 83. In the performance of duties under this Act, the competent official
shall be official under the Penal Code.
Section84.For the purpose of inspectionandsupervisionin regard tosocial security, an employer shall provide a record of insured persons and keep it at the working place of the employer to be ready for inspection by the competent official.
The record of insured persons under paragraph one shall be in a form prescribed by the Secretary-General.
Section 84 bis.45 In the case the person who has responsibility to conform with the provisionsof thisActwithintheprescribed time underthe provisionsof section39, section 45, section 47 section 47 bis and section 56, is not in the country, or cannot perform the responsibleobligationswithintheprescribed timethereof accordingtoanyinexcused necessarycauseandsuch person has submitted the application, indicating the necessary causes, before the expiry of time for extension or postponing the time. The Secretary-General may, if he or she deems appropriate, extend or postpone such prescribed time, as necessary to thecase but,suchextensionorpostponementshallnotexceedonetimeof theperiodof prescribed time under each section.
The extension as prescribed under section 39 or section 47 shall not result in any reduction on or exemption from additional payments.
TITLE 5 Appeal
Section 85. The employer, the insured person or other person who is dissatisfied
with the order of the Secretary-General or of the competent official under this Act except the orderundersection 50, shallbeentitled to lodge an appeal inwritingto the Appeal Committee within thirty days from the date of receiving such order. 46
45 As added by section 32 of the Social Security Act (No. 2), B.E. 2537 (1994) As amended by section 33, ibid.
46The rule and procedure of submittion the appealshall be as prescribed in the Ministerial Regulations.
Section86. ThereshallbeanAppealCommitteeappointedby the Minister consisting of a chairman and other qualified members in legal affairs, medical affairs, social securitysystem and Labour affairs, three representatives of employers and three representativesofemployees, andrepresentatives ofthe Officeshall be a member and secretary, the total number of whom shall not be more than thirteen persons.
Section 87. The Appeal Committee shall have powers and duties to examine and decide on appeals submitted under section 85.
Afterhavingconsideredtheappeal, the Appeal Committee shall inform the decision in writing to the appellant.
If the appellant is dissatisfied with the decision of the Appeal Committee, such person shall have the right to bring the case to the Labour Court within thirty days as from the date of notification of decision. If the case is not brought to the Labour Court within the said period, the decision of the Appeal Committee shall be final.
Section 88. TheAppealshall not imply any abatement ofthe orderofthe Secretary-General or a competent official under this Act, except the appellant has made a request to theSecretary-Generalforthe abatementof theexecutionof suchorder.The Secretary-General may, if he or she deems appropriate, allow an abatement for the execution of the order pending the decision of the Appeal Committee.
Section 89. The AppealCommittee has the power to appointsub-committee to assist in carrying out the assigned duties. After the sub-committee has performed the assigned duties, it shall make the proposals or report to the Appeal Committee.
Theprovisionsofsection 13shallapply mutatismutandis tothemeetingsof the sub-committee.
Section 90. A member of the Appeal Committee shall hold office for a term of two years.
Amemberwho vacates office may be reappointedbut not morethan two consecutive terms.
Section 91. The provisionsof section11, section12, section13 and section17 shall apply mutatis mutandis to the Appeal Committee
TITLE 6 Penalties
Section 92. Any person who fails to provide information orsubmit documents, or any datarequiredbythe orderof the Committee, the Medical Committee, the Appeal Committee, sub-committees or competent officials,shall be liable to imprisonment for a term not exceeding one monthor toafine not exceeding ten thousandBahtortoboth.
Section 93. Anypersonwhointentionally does not fill out the form or survey orfills out suchformincompletely ordoesnot return suchformwithinthe prescribed timeshallbeliabletoa finenotexceeding fivethousand Baht.
Section 94. Any person who knowfully fills out false information or figures in the form of surveyshallbe liableto imprisonment foratermnot exceeding sixmonths or toa finenotexceedingtwentythousandBaht ortoboth.
Section 95. Any personwhoviolates section 32shall be liable to imprisonment for a term notexceeding six months or to afine notexceeding twenty thousandBahtor toboth.
Section 96. Any employerwho intentionally doesnot submit the formto the Office withinthetime prescribed under section 34or does not declare in writing to the Office any changes or additional modifications ofthe records within the time prescribed under section 44 shall be liable to imprisonment for a term not exceeding six months or toafinenotexceedingtwenty thousandBaht orto both.47
47As amended bysection 34of theSocial Security Act (No.2),B.E. 2537 (1994)
Ifan offence under paragraph one is committed continually, the offender shall be liable to an additional fine not exceeding five thousand Baht per day throughout the periodof violationornon- compliance.
Section 97 48.Anyemployer who submits the form prescribed under section 34 or a written request for modifications or amendments to the form prescribed under section 44 by intentionally filing out false statements in such form or substituting false statements for modifications or amendments in such written request shall be liable toimprisonment foratermnot exceeding sixmonths orto a fine not exceeding twenty thousandBahtortoboth.
Section 98.Any person who obstructs or does not provide reasonable facilitiesto the competent official who is performing the dutiesunder section 80 shall be liable toimprisonmentfor a term not exceeding one month or to a finenotexceeding
tenthousandBahtor toboth.
Section 99. Any employer whofails tocomply with section 84 shall be liableto imprisonment for a term not exceedingone month or to a fine not exceeding ten thousand Bahtorto both.
Section 100.Any person who has or acquires knowledgeof any fact throughperformingthe duty under this Act, discloses any fact concerning the affairs of an employer which normally wouldbe kept confidentialbyanemployer,shall beliable to imprisonment for a term not exceeding one month orto a fine not exceeding three thousand Bahts, or to both, unless such disclosure is for the purpose of official performance under thisAct,orfor labourprotection,investigation oradjudication.
Section 101. Inthe casewhere ajuristicperson is an offenderandis liable to punishmentunder this Act, arepresentative ofsuchjuristicperson, every associated member and the person responsible for the operationof suchjuristicperson shall be liable to the samepunishmentasimposedthereof,unless they can prove that they had no part in the commission of suchoffenceorhadmadeareasonableefforttoprevent suchoffence.
48 As amendedbysection35,ibid.
Section 102. In thecase of offences imposing punishment to a fine or to imprisonment for a term not exceeding six moths except an offence under section 95, the following competent official shall have the powerto settle such offences ifhe or she considers that an offender doesnot deserve penalty of imprisonment orprosecution for suchoffence:
(1) The Secretary-General or the authorized person, for the offence committed in theGreatBangkokMetropolitan.
(2)Provincial Governorora person authorized by the provincial governor, for theoffence committedin otherprovinces.
In holding an inquiry,if an inquiry official is of the opinion that any person who has committed an offence under this Act atalevelwhere the punishmentcan be settled, has agreedto have the case settled, the inquiry official shall submit thecase to the Secretary-General or the Provincial Governor, as the case may be, within seven days as from the datesuchperson agreed to havethecasesettled.
When the offender has paid the fine so fixed within thirty days, the case shall be deemedto besettledaccordingto the Penal ProcedureCode.
If the offenderdoesnot agree to have the casesettled or afterhaving agreed to have the case settled, failes to pay the fine within the prescribed time under paragraph three,the caseshall befurtherproceeded.
TransitoryProvisions49
Section103.ThisAct shall be enforced for an undertaking which employs twentyemployeesor more asfrom thedate this Act comes into force.
ThisActshallbe enforced for an undertaking which employs ten employees ormoreafter a period of threeyears from thedate of itscoming into force.
Inaddition to those transitory provisions,section 38,section 39,section 40 andsection 41 ofthe Social Security Act(No.2), B.E. 2537 (1994) hasadded the following transitory provisions:
“Section 38.Anyperson whoisentitledto anybenefitfromtheFundbefore or atthe dateof thisActcomes into force, shall be further entitled to such benefit until hisentitlement isterminated.
Section 39. The temporary employees of the Central Administration, Provincial Administration and Local Administration, who ceased to be the insured person under thisAct,whether such person has paid any mount ofcontribution. Suchperson shall be further entitled to benefit underthe provisions ofchapter 2, chapter3, chapter 4 and chapter 5 oftitle 3 ofthe Social SecurityAct, B.E. 2533 (1990) for a period of sixmonthsfrom the date thisActcomesintoforce.
The provisionsof section 39 of theSocialSecurityAct, B.E. 2533, asamended by thisAct,shallenforceto the temporary employee ceasing to be theinsured personunder paragraphone, mutatis mutandis.
Section 40. For the benefitof calculating theperiod of time for payingcontributions
underthisAct, contributions of eachmonth which, either having atotal of days orbeing deducted andpaidpermonth, waspaidor deemed to have been paid beforethe date this Act comes into force, shall beconsidered that the periodofpaymentequals to one month.
Section 41. All money which an employeror an insured person is entitled to refund beforethe date thisAct comes into force andhaving no application to the Office for refunding within one year from the date this Act comes into force, shall belong to the Fund.”
ThisActshall apply tothe employer having employeesless than ten personsin localityand timeasprescribed in theRoyalDecree.50
Section104. The collectionof contributions shallbe carriedout for the purpose of providing injury orsickness benefits,invalidity benefits,death benefit not relatingtoworkand maternity benefits as form the date the provisions of chapter 2 oftitle2 comes into force.
The collection of contributions for child benefits and old-age benefits shall be prescribed in the RoyalDecree, which shall not be in force later than 31 stDecember B.E.2541.51
The commencement for collection of contributions for unemployment benefits shall beprescribed in theRoyal Decree.
Countersigned by:
MajorGeneral ChatchaiChoonhavan PrimeMinister
50 Asaddedby section 36 of theSocialSecurity Act (No.2), B.E. 2537 (1994)
51 Asamendedby section 37, ibid
Rates of fees
(1) Substitutefor social security 50 Baht each
certificateof registration
(2)Substituteforsocial security card 10 Baht eact
The Rate of Contributions Appendedto the Act
页:
[1]