Thailand Social Security Act #2
Section 37. In the case where it is appeared to the Office or an employee complains that the employer fails to submit a form under section 34 or having submitted such form but the name of some employees who are insured persons under section 33 are omitted, the Office, upon the determination of relevant evidence, shall have power to record details in the form under section 34, and shall issue the social security certificate of registration to the employer and/or a social security card to an employee under section 36, as the case may be.
In exercising the power under paragraph one, the Secretary- General or the person authorized by the Secretary – General may investigate the matter before proceed to any procedure.
Section 38. An insured person under section 33 shall cease to be insured person upon:
(1) death;
(2) cessation of being an employee.
In the case where the insured person who ceases to be an employee under (2) has paid full amount of contribution, according to the condition of time which shall entitle him or her to receive benefits under title 3. The said insured person shall be entitled under chapter 2, chapter 3, chapter 4 and chapter 5 for a further period of six months from the date his or her employment is terminated or for a period of time prescribed in the Royal Decree which shall not be longer than twelve months from the date his or her employment is terminated.
Section 39. Any person who is an insured person under section 33, has paid contribution for a period of not less than twelve months and, subsequently ceases to be insured person in pursuance of section 38(2), if such person wishes to continually be insured person, he or she shall, within six months from the date of his or her termination to be insured person, notify his or her statement to the Office according to the regulations prescribed by the Secretary – General.
The amount of money using as basis for calculating contribution which the insured person under paragraph one has to pay to the Fund under section 46 paragraph two, shall be in accordance with the rate prescribed in the Ministerial Regulations and with due consideration of suitability of economic situation.
The insured person under paragraph one, shall pay monthly contribution to the Fund within the fifteenth day of the following month.
The insured person under paragraph one, who does not pay contribution or cannot pay full amount of contribution within the prescribed time under paragraph three, shall pay an additional amount at the rate of two per cent per month of the unpaid contribution or of the late payment contribution starting from the day following the due date. For any fraction of the month, if it is fifteen days or more, it shall be counted as a month, if less, it shall be disregarded.
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 the Office.
Rules and rate of contributions, type of benefits to be received under section 54 including rules and conditions of entitlement shall be prescribed in the Royal Decree.
Section 41. An insured person under section 39 shall cease to be insured upon:
(1) death;
(2) having subsequently become an insured person under section 33;
(3) resigning from being insured by notifying his or her intention to the Office;
(4) paying none contributions for an uninterrupted period of three months;
(5) paying contributions on his part within the period of twelve months, less than contribution specified for the period of nine months.
The termination of being insured person under (4) shall be from the first month where none contribution is paid and the termination of being insured person under (5) shall be from the month where the payment of contribution is less than contributions specified for 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 person shall be entitled under chapter 2, chapter 3, chapter 4 and chapter 5 for a further period of six months from the date his or her insurance is terminated.
Section 42. For the purpose of creating entitlement for an insured person to receive benefits under the provisions of title 3, each period of being insured under section 33 and/or section 39 shall be computed together.
Section 43. Any undertaking which is subjected to this Act shall continue to be so subjected until it ceases to operate, even it subsequently has less 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 this Act, even the total number of employees are less than the prescribed number.
Section 44. In the case where the fact relating to the content in the particulars submitted to the Office, has changed, the employer 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 section 37 shall apply to the case where the employer does not comply with this section, mutatis mutandis.
Section 45. In the case where the social security certificate of registration or social security card is lost, destroyed or materially defaced, the employer or the insured person shall, within fifteen days from the date he or she is aware of the loss, destruction or defacement, file an application to the Office for a substitute of the social 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. 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 Regulations for payment of benefits relating to injury, sickness, invalidity, death and maternity, but the contributions thereof shall not exceed the rate of contributions appended to this Act.
The Government, an employer and an insured person under section 33, shall pay contributions to the Fund at the rate prescribed in the Ministerial Regulations for payment of benefits relating to 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 Government paying one time and an insured person paying double of the rate of contributions at which each party is required to pay as prescribed in paragraph one.
In determining the rate of contributions under paragraph 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 are used as basis of calculating contribution of each insured person under section 33 shall be in accordance with the Ministerial Regulations. In calculating contribution of each insured person, the fraction of contribution as from the amount of fifty satang shall be counted as one bath, if less, it shall be disregarded. In the case where the insured person works for several employers, contributions shall be calculated from wages which such insured person received from each employer.
Section 47. For every payment of wages, the employer shall deduct wages of an insured person at the amount to be paid for contributions on the part of the insured person under section 46. After the deduction thereof, it is deemed that the insured person has paid his or her contribution from the date of deduction.
The employer shall pay contributions on the part of an insured person which is deducted under paragraph one and on the part of the employer, to the Office within the fifteenth day of the month following the month of deduction and shall submit statement showing payment of contributions according to the form as prescribed by the Secretary – General.
If an employer fails to pay wages in due time, the employer shall have duty to pay contributions under paragraph two and it is deemed that there has been a payment of wages.
In the case where an employer pays the contribution on the part of an 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 for reimbursement according to the regulations prescribed by the Secretary – General. If the employer or the insured person does not apply for reimbursement within one year as from the date of receiving the notice to reimburse the money, such money shall belong to the Fund.
Section 47 bis.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 paragraph two, the competent official shall send the notice in writing ordering the employer to pay contribution due with additional payment within the prescribed time which must not less than thirty days as from the date of receiving the said notice.
If the employer, upon receiving such notice, does not pay contributions due and additional payment within the prescribed time, the competent official has powers to assess the contribution and notify in writing ordering the employer to pay, as follow:
(1) If the employer had paid any contribution before, it shall be deemed that the amount of contribution to be paid by the employer within each following month equals to the amount of contribution of the month where the employer paid for the whole last month.
(2) If the employer who has duties to comply with this Act, does not submit particulars under section 34 or submit particulars under section 34 but has never paid any contribution of submit particulars under section 34, by indicating the number and the list of the employees’ name less than the actual number of the employees, it shall be calculated from the particulars submitted by the employer or from the number of employees whom the competent office has examined, as the case may be, and it shall be deemed that each employee received the monthly wages at the rate specified in the particulars so submitted.
In the case where the employer has never submitted particulars or submitted incomplete particulars, it shall be deemed that each employee receives the monthly wages, not less than the minimum daily wage, according to the law on labour protection being enforced within that locality, multiplying by thirty.
In the case where there is the investigation within two years as from the date of notice of contribution assessment under paragraph one, that the actual amount of notice of contribution to be paid by the employer is more or less than the amount assessed by 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 the result of investigation in order that the employer shall pay 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 as from the date of knowing the result of investigation, the said money shall belong to the Fund.
For serving notice, notification of the amount of contribution assessment, and notification of the result of investigation, the provisions of section 30 shall apply mutatis mutandis.
Section 48. In the case where an insured person works for more than one employer, all of the employers shall have duties to comply with the provisions of section 46 and section 47.
Section 49. An employer who does not pay contributions on his or her part or on the part of insured person of fails to pay full amount of contributions within the prescribed time under section 47, shall have to pay an additional payment at the rate of two per cent per month of the outstanding contributions which has not yet been paid or of the missing amount as from the day following the due date. For any fraction of a month, if it is fifteen days or more, it shall be counted as a month, if less, it shall be disregarded.
In the case where the employer fails to deduct wages of an insured person for contribution or has deducted but not in full amount of contributions according to section 47 paragraph one, the employer shall be liable for the full or unpaid amount of contributions of such insured person and shall pay an additional payment of this undeducted or unpaid amount under paragraph one as from the day following the due date. In such case, the right of the insured person shall be treated as if he had paid full amount of contribution.
Section 50. The Secretary-General has the power to issue written order to seize, attach and sell by auction the properties of the employer who fails to pay contributions and/or an additional payment or fails to pay full amount of contributions under section 49 to the extent as necessary to cover the outstanding contributions.
The order to seize, attach or sell by auction the properties under paragraph one may be issued after having dispatched a written notice ordering the 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 the prescribed time.
Rules and procedures of seizure, attachment and sale by auction of properties under paragraph one shall be in accordance with the regulations prescribed by the Minister, in this respect the rules and procedures under the Civil Procedure Code shall apply mutatis mutandis.
The proceeds obtained from such sale by auction shall be deducted for expenses in the seizure, attachment and sale by auction and for payment of outstanding contributions and additional payment.Any remainder shall be immediately returned to the employer. If the employer does not claim for this remainder within five years, it shall become the property of the Fund.
Section 51. In the event of debt to non-payment of contributions and /or additional payment, the Office shall have preferential right on all properties of the employer who is debtor and shall be same rank with the preferential right on account of taxes and rates according to the Civil and Commercial Code.
Section 52. In the case where an employer is a sub-contractor, the preceding sub-contractors, if any, including the first sub-contractor shall all be jointly liable with the sub-contractor who is obliged as an employer for payment of contributions on the part of employer under this Act.
Section 53.The provisions of section 49, section 50 and section 51 shall apply to the sub-contractor under section 52, who does not pay contribution or cannot pay full amount of contributions within the prescribed time, 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 following benefits from the Fund:
(1) injury or sickness benefits;
(2) maternity benefits;
(3) invalidity benefits;
(4) death benefits;
(5) child benefits;
(6) old-age benefits;
(7) unemployment benefits except for an insured person under section 39.
Section 55. In the case where an employer has, before the date of enforcement of this Act, provided welfare in respect of non-occupational injury or sickness or invalidity or death, or maternity or child allowance or old – age, or unemployment to an employee who is an insured person under section 33 and has been employed before the date of enforcement of this Act, if such welfare has provided benefits in any case higher than any benefits under this Act, the employer shall present work regulation, hire of services contract or conditions of employment, which specifies such welfare to the Committee to apply for a discount of the rate of contributions in respect of the type of benefits from the rate at which the employer has provided to the rate at which an insured person and an employer are required to pay to the Fund under section 46, and the employer shall use the rate of contributions after discount to compute the amount of contributions on the part of an insured person and of the employer to be paid to the Fund for other benefits.
The application for a discount of the rate of contributions and the determination of a discount of the rate of contributions under paragraph one shall be in accordance with rule, procedure and conditions prescribed by the Committee.
Section 56. An insured person or any person who thinks that he or she is entitled to any benefit as prescribed under section 54 and wishes to receive said benefit, shall file an application according to the form prescribed by the Secretary – General, to the Office within one year from the date of such entitlement and the Secretary – General or the person entrusted by the Secretary-General shall consider such application promptly.
In the case the benefit under paragraph one is a sum of money, if the insured person or the entitled person does not receive such money within two years from the date of receiving the notice from the Office, the said money shall belong to the Fund.
Section 57. In the calculation of daily wages for payment of income replacement to an insured person under section 33, it shall be computed from the first three month of wages employed which the employer uses as a basis in calculating contributions to be paid to the Office within the retroactive nine months and divided by ninety. If the insured person has an evidence proving that wages employed of another three month during the period of such retroactive nine months shall produce the better output than the first one, it should be calculated by using wages employed of such another three months and divided by ninety. In the case where an insured person paid contributions less than nine months, it shall be computed by using the last three month of wages employed which the employer used as a basis in calculating contributions to be paid to the Office and divided by ninety.
For the calculation of daily wages for payment of income replacement to an insured person under section 39, it shall be computed from the average wages used as basis for calculation of contribution under section 39 paragraph two.
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 as prescribed under section 59. Details and conditions of medical services to an insured person or his or her spouse shall be in accordance with the regulation prescribed by the Secretary-General, with the approval of the Committee.
Section 59. The Secretary-General shall publish in the Government Gazette the area of coverage and the names of hospitals or other places rendering medical services at which an insured person or his or her spouse shall be entitled to receive medical services.
An insured person or his or her spouse, who is entitled to receive medical services and is employed or has domicile in a locality, shall receive medical services at the hospital or places prescribed under paragraph one in such locality, except no 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 services at the hospital or places prescribed thereof. Upon such reason, the medical services may be rendered at the hospital or places as prescribed under paragraph one in another locality.
In the case where an insured person or his or her spouse receives medical services at hospital or places other than those prescribed under paragraph two, the insured person shall be entitled to reimburse for the cost of medical services being paid at the amount fixed by the 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 prescribed by the Medical Committee, with the approval of the Committee.
Section 60. In the case where an insured person or his or her spouse who has received medical services at the prescribed hospital or place ignores or does not comply with the recommendations or instructions of the doctor without justifiable reason, the Secretary РGeneral or a person entrusted by the Secretary – General, with the approval of the Medical Committee, may determine to reduce benefits which such insured person or his or her spouse is entitled.
Section 61. 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 or death to be happened or permits other person in doing such incidents thereof.
Section 61 bis. In the case where an insured person is entitled to income replacement under section 64 and section 71 and, simultaneously, entitled to allowance for work – leave as a result of child delivery under section 67, the said person shall be entitled to receive only one category of benefit, either income replacement or allowance for work-leave as a result of child delivery, by stating his or her intention according to the form prescribed by the Secretary-General.
Chapter 2
Injury or Sickness Benefits
Section 62. An insured person shall be entitled to non – occupational injury or sickness benefits when he or she has paid contribution for a period of not less than three months during period of fifteen months before the date of receiving medical services.
Section 63. Benefits for non-occupational injury or sickness shall consist of:
(1) medical examination expense;
(2) medical treatment expense;
(3) lodging, meals and treatment expenses in hospital;
(4) medicine and medical supplied expenses;
(5) cost of ambulance or transportation for patient;
(6) other necessary expenses
The above mentioned expenses shall be in accordance with the rules and rates prescribed by the Medical Committee, with the approval of the Committee.
The insured person who is taking work-leave to receive medical treatment under the instruction of doctor, shall, also, be entitled to income replacement according to the prescribed criteria under section 64.
Section 64. In the case where an insured person suffers from non-occupational injury or sickness, the insured person shall be entitled to income replacement at the rate of fifty per cent of wages employed under section 57 for a period the insured person has take work-leave to receive medical treatment under the instruction of doctor which shall not exceed ninety days on each occasion and not more than one hundred and eighty days in a calendar year. Except for sickness from chronic disease as prescribed in the Ministerial Regulations, the said insured person shall be entitled to income replacement for more than one hundred and eighty days but not exceeding three hundred and sixty – five days.
The calculation period for receiving income replacement shall be computed from the first day of work – leave under the instruction of doctor until the last day specified by the doctor or until the last day of work Рleave in case insured person has returned to work before the fixed date under the instruction of doctor but not exceeding the periods of time under paragraph one.
If an insured person is entitled to receive wages from the 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, if the wages received from employer in any case is less than the income replacement payable by the Fund, the insured person shall be entitled from the Fund, the income replacement for the difference.
Chapter 3
Maternity Benefits
Section 65. 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 prescribed by the Secretary – General, in case the insured person has no wife. In this regard the insured person must have paid contribution for not less than seven months, during the period of fifteen months before the date of receiving medical services.
The insured person shall be entitled to receive maternity benefits for not more than two time of child delivery.
Section 66. Maternity benefits shall consist of:
(1) medical examination and child bearing expenses;
(2) medical treatment expense;
(3) medicine and medical supplies expenses;
(4) confinement expense;
(5) lodging, meals and treatment expenses in hospital;
(6) new-born baby nursing and treatment expenses;
(7) cost of ambulance or transportation for patient;
(8) other necessary expenses
The above mentioned expenses shall be in accordance with the rules and rates prescribed by the Medical Committee, with the approval of the Committee.
The insured person who has to take work-leave for child delivery, shall be entitled to receive work-leave allowance for child delivery according to the prescribed criteria under section 67.