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Thailand Social Security Act

This is an unofficial translation of the Thailand Social Security Act

At the end of this post you can download a pdf version of the Thailand Social Security Act

Unofficial Translation

Thailand Social Security Act
B.E. 2533 (1990)

BHUMIBOL ADULYADEJ, REX.
Given on 11th Day of August B.E. 253 [1990]
Being the 45th Year of the Present Reign
His Majesty King Bhumibol Adulyadej is graciously pleased to proclaim that:

Whereas it is expedient to revise the law on social security.

Be it, therefore, enacted by the King, by and with the advice and consent of the National Assembly as follows:
Section 1. This Act is called the “Social Security Act, B.E. 2533”

Section 2. This Act shall come into force as from the day following the date of its publication in the Government Gazette except the provisions of chapter 2 of title 2 shall come into force after one hundred and eighty days from the date this Act comes into force and the provisions of section 40 shall come into force within four years from the date this Act comes into force.

Section 3. The Social Insurance Act, B.E. 2497 shall be repealed.

All the other laws, by-laws and regulations in so far as they have already provided in this Act or are contrary to or inconsistent with the provisions of this Act shall be replaced by this Act.

Section 4. This Act shall not apply to
(1) public officials, permanent employees, daily temporary employees and hourly temporary employees of Central Administration, Provincial Administration and Local Administration but excluding monthly temporary employees;
(2) Employees of foreign government or international organizations;
(3) employees of employers who have offices in the country and being stationed abroad;
(4) teachers or headmasters of private schools under the law on private school;
(5) students, nurse students, undergraduates or interning physicians who are employees of schools, universities or hospitals;
(6) other activities or employees as may be prescribed in the Royal Decree.

Section 5. In this Act:
“employee” means a person agreeing to work for an employer in return for wages irrespective of designation but excluding an employee who is employed for domestic work which does not involve in business;

“employer” means a person agreeing to accept an employee for work by paying him or her wages, and includes a person entrusted by an employer to act on his or her behalf, in the case an employer is a juristic person, it shall include the person authorized to act on behalf of such juristic person and the person entrusted by such authorized person to act thereon;

“wages” means all types of money which are paid by an employer to an employee in return for the work done during normal working hours and days, whether to be calculated by the duration or the result of the work being 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 is specified, calculated or paid, in any nature or method, and the name used;

“working day” means a day scheduled for an employee to work normally;

“insured person” means a person who pays contributions which provides entitlement to benefits under this Act;

“confinement” means the delivery of an infant from mother’s womb in which a period of pregnancy is not less than twenty-eight weeks, irrespective of whether the infant is alive or not;

“invalidity” means loss of physical organ or loss of physical or mental capacity to the extent that such employee is unable to work according to the criteria as may be determined by the Medical Committee;

“unemployment” means an insured person ceases to work resulting from cessation of legal relations between an employer and an employee under hire of services contract;

“Fund” means the Social Security Fund;

“Office” means the Social Security Office ;

“Committee” means the Social Security Committee;

“member” means a member of the Social Security Committee;

“competent official” means a person appointed by the Minister for the execution of this Act;

“Secretary – General” means the Secretary- General of the Social Security Office;

“Minister” means the Minister having charge and control of the execution of this Act.

Section 6. The calculation of wages for payment of contribution shall be based on the monthly basis.
In the case an employee does not receive a monthly wages, the calculation shall be based on monthly basis, and it shall be considered that actual wages received by the employee is monthly wages.

For the purpose of counting time for paying contribution of insured person, it shall be deemed that contribution being deducted from wages paid to the employee in any month, shall be payment of such specified month and, no matter such contribution is computed or is monthly paid, it shall be deemed that the contribution equals to one month.

Section 7. The Minister of Labour and Social Welfare5 shall have charge and control of the execution of this 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, granting exemption from fees, and prescribing other activities for the execution of this Act.

Such Ministerial Regulation shall come into force upon their publication in the Government Gazette.

Title 1
General Provisions
Chapter 1
Social Security Committee

Section 8. There shall be a Committee called the “Social Security Committee” consisting of the Permanent Secretary for Labour and Social Welfare as Chairman, a representative of the Ministry of Finance, a representative of the Ministry of Public Health, and a representative of the Bureau of the Budget, and five representatives of employers and five representatives of employees appointed by the Minister, as members and the Secretary – General shall be a member and secretary.

The Committee may appoint any person to be assistant secretaries.

The Minister may appoint not more than five qualified persons as advisers of the Committee, of whom shall at least, be qualified persons in social security system, labour affairs, medical affairs, legal affairs and others.

Section 9. The Committee shall have the following powers and duties;
(1) to submit opinions to the Minister in regard to policy and implementation of social security under this Act;
(2) to consider and give opinions to the Minister in respect of the issuance of Royal Decrees, Ministerial Regulations and other regulations for the execution of this Act;
(3) to issue regulations, with the approval of the Ministry of Finance, in regard to receipts, payment and safe-keeping of the Fund;
(5) to issue regulations, with the approval of the Ministry of Finance, in regard to the productive investment of the Fund;
(5) to review balance sheet and statement of the receipts and expenditures of the Fund and annual report on the performance of the Office in regard to social security under this Act;
(6) to provide consultations and advices to other Committee or the Office;
(7) to perform other functions as prescribed in this Act or any other laws to be those of the Committee or as entrusted by the Minister.

In the performance of the duties under paragraph one, the Committee may assign the Office to perform and report to the Committee for future proceedings.

Section 10. A member or an adviser appointed by the Minister shall hold office for a term of two years.

The member or adviser who vacate office may be reappointed, but not more than two consecutive terms.

Section 11. In addition to vacating office at the end of term under section 10, a member or an adviser appointed by the Minister shall vacate office upon:
(1) death;
(2) resignation;
(3) being removed by the Minister;
(4) being a bankrupt;
(5) being insane or mental infirmity;
(6) being imprisoned by a final judgement to a term of imprisonment,except for an offence committed through negligence or petty offence.

In the case where a member appointed by the Minister vacates his or her office before the expiration of his or her term, the Minister may appoint another person of the same description of qualification according to section 8 to replace him or her and the appointee shall hold office for the remaining term of the member so replaced.

In the case where an additional adviser is appointed by the Minister during the term of advisers already appointed, the appointee shall hold office for the remaining term of the advisers already appointed.

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 of the term of office shall remain in office for carrying out duties until the newly appointed members assume their duties.

Section 13. At a meeting of the Committee, the presence of not less than one-half of the total number of members is required to constitute a quorum.

If the Chairman does not attend the meeting or is unable to perform his 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 of an equality of votes, the person presiding over the meeting shall have an additional vote as the casting vote.

Section 14. There shall be a Medical Committee consisting of a Chairman and other members, totally not more than sixteen persons, appointed by the Minister, and representative of the Office shall be member and secretary.
Chairman and other members under paragraph one shall be appointed from qualified persons in the fields of medical science and shall hold office for a term of two years.

Section 10 paragraph two, section 11, section 12 and section 13 shall apply mutatis mutandis.

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 medical services;
(2) to determine rules and rates of benefit in respect of medical services provided to insured persons under section 59, section 63, section 66, section 68, section 70 and section 72;
(3) to submit opinions to the Committee in respect of the issuance of Ministerial Regulations under section 64;
(4) to give advices and recommendations on medical matters to the Committee, the Appeal Committee and the Office;
(5) to perform other functions as prescribed in this Act to be those of the Medical Committee or as entrusted by the Minister or by the 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.

Section 13 shall apply mutatis mutandis to the meeting of the sub-committee.

Section 17. The Committee, the Medical Committee and the sub – committee shall have power to summon any person to submit documents or data which are necessary for consideration. In this respect, they may order the persons concerned to give statement.

Section 18. The members, the advisers, the Medical Committee, the Appeal 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 the Ministry of Finance.

Chapter 2
Social Security Office

Section 19. There shall be established the Social Security Office under the Ministry of Interior8 having the following powers and duties:
(1) to perform the administrative works of the Committee, other Committee and sub-committee under this Act;
(2) to collect, compile and analyse data in regard to social security;
(3) to organize the registration of employers and insured persons who are required to pay contributions;
(4) to perform other functions as prescribed in this Act or any other laws to be powers and duties of the Office;
(5) to carry out other activities as entrusted by the Minister, the Committee, other Committee or the sub-committee.

Section 20. There shall be Secretary – General with the duties to generally supervise the performance of official affairs of the Office and command officials in the Office. In this respect, there shall be one or more Deputy Secretary – General to assist in the performance of official duties.

The Secretary – General and Deputy Secretary – General shall be ordinary government officials.

Chapter 3
Social Security Fund

Section 21. There shall be a Fund in the Social Security Office called the “Social Security Fund” to be utilized for providing benefits under the provision of title 3 to insured persons and to be used as expenses under section 24 paragraph two.

Section 22. The Fund shall consist of:
(1) contributions from the government, employers and insured person under section 40 and section 46;
(2) additional payment under section 39, section 49, and section 53,
(3) interest of the fund under section 26;
(4) fee under section 45;
(5) donation or subsidy;
(6) money becoming property of the Fund under section 47, section 47 bis, section 50, section 53 and section 56;
(7) subsidy or advanced money which the Government has paid under section 24 paragraph three;
(8) fine collect through settlement under section 102;
(9) other incomes.

Section 23. The Fund under section 22 shall belong to the Office and is not required to be remitted to the Ministry of Finance as State revenue.

Section 24. The Fund shall be utilized for benefits under this Act.

The Committee may allot the Fund not exceeding ten per cent of annual contributions for expenses under section 18 and for administrative expenses of the Office.

In the case where the fund is not sufficient to cover expenses under paragraph one or two, the Government shall subsidize or provide advanced money as it deems necessary.

Section 25. The receipts, payments and safe-keeping of the Fund shall be in accordance with the regulations prescribed by the Committee, with the approval of the Ministry of Finance.

Section 26. The productive investment of the Fund shall be in accordance with the regulations prescribed by the Committee, with the approval of the Ministry of Finance.

Section 27. The Committee shall, within six months from the last day of the calendar year, submit the balance-sheet and statement of incomes and expenditures of the Fund in the foregoing year to the Office of the Auditor – General of Thailand to be audited and certified before submitting to the Minister.

The Minister shall submit the said balance-sheet and statement of incomes and expenditures to the Prime Minister to further submit to the Parliament for information and such balance-sheet and statement shall be published in the Government Gazette.

Chapter 4
Survey of Social Security

Section 28. For the purpose of social security under this Act, the Royal Decree may be issued to make survey on problems and data concerning labour matters.

The Royal Decree under paragraph one shall specify at least the following particulars:
(1) the purpose of the survey;
(2) the officer or competent official who shall carry out the survey;
(3) the period of enforcement which shall not exceed two years.

Section 29. When the Royal Decree under section 28 has been issued, the Secretary – General shall notify the followings:
(1) form of survey;
(2) the period of time in which the officer or competent official will submit the form of survey to employer;
(3) a period of not less than thirty days within which the employer is required to return the duly filled form of survey to the officer or competent official, the details of which shall be mentioned in the form of survey.

The Notification under paragraph one shall be published in the Government Gazette.

Section 30. The form of survey under section 29 (1) shall be sent to the employer by registered post with returned receipt or by hand delivery of the officer or competent official at domicile or resident or office of the employer during sunrise to sunset or during working hours of the 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 a sui juris person who lives or works in the home or office 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 place at the office of the employer. After having completed such delivery and a period of fifteen days has elapsed, the employer is deemed to have received such form of survey.

Section 31. After receiving the form of survey, the employer shall truthfully complete every item in the form of survey and return the filled form of survey to the officer or competent official within a period of time specified under section 29(3)

Section 32. All information or figures filled out in the form of survey shall be confidential. It shall be forbidden for the officer who performs the duties under this Act to disclose such information or figures to any person who has no duties under this Act except in the case where it is necessary for the benefits of social security or labour protection or for the benefits of investigation or trial.

Title 2
Social Security
Chapter 1
Insured Person

Section 33.The employee who has been over fifteen years of age and not more than sixty years of age, shall be insured person.

The insured person under paragraph one who has become sixty years of age and has continually been an employee of the employer under this Act, shall be deemed to be an employee who is an insured person.

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 date on which the employees become insured persons.

Section 35. In the case where the principal who employs employees by the wholesale wages method has sub-contracted the execution of work and the responsibility for paying employees wages to other person, or has sub-contracted any person for the supply of labour which is not employment service business and the sub-contracted work is a part in the process of production or of business which is undertaken in the establishment or working place of the principal and the essential equipment for such work is provided by the principal, the principal shall be an employer who is required to perform duties under this Act.

In the case where the entrepreneur who has been sub-contracted by the wholesale wages method under paragraph one is acting as an employer by submitting the statement to the office under section 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, has paid to the office.

Section 36. When an employer has submitted the form under section 34, the Office shall issue to the employer a social security certificate of registration and to the employee a social security card in accordance with the form, rules and procedures prescribed in the Ministerial Regulations.

(…Continues…)

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