Thailand Social Security Act

Thailand Social Security Act
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Thailand Social Security Act #3

Section 67. In the case where the insured person has taken work-leave for child delivery, such insured person shall be entitled to receive work-leave allowance for child delivery not more than two time by lump sum payment at the rate of fifty per cent of the wages under section 57, within ninety days.

Section 68. If the insured person or his or her spouse is 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 rules and rates prescribed by the Medical Committee, with the approval of the Committee.

Chapter 4
Invalidity Benefits

Section 69. The insured person shall be entitled to invalidity benefits according to the cause unrelated to work when he or she has paid contribution for a period of not less than three months during the period of fifteen months before being invalid.

Section 70. Invalidity benefits shall consist of:
(1) medical examination expense;
(2) medical treatment expense;
(3) medicine and medical supplied expenses;
(4) in-patient, meals and treatment expenses in hospital;
(5) cost of ambulance or transportation for invalid person;
(6) physical, mental and occupational rehabilitated expenses;
(7) 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.

Section 71. 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 of the wages under section 57 through his or her life.

Section 72. In the case where the Medical Committee has determined that the invalidity of an insured person being rehabilitated under section 70 (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 of the Committee.

In the case where there is a reduction of income replacement under paragraph one, and the invalidity has subsequently become worse, the Secretary – General may, upon the decision of the Medical Committee that the invalidity has become worse than the result considered under paragraph one, consider an additional income replacement.

Chapter 5
Death Benefits

Section 73. In the case where the insured person has died without sustaining injury or sickness due to work, if the insured person has paid contribution for a period of not less than one month during the period of six months before his death, the following benefits shall be paid, in case of death:

(1) funeral expenses according to the rate prescribed in the Ministerial Regulations, but the total amount must not less than one hundred times of the maximum rate of daily minimum wage under the law on labour protection, to the following persons in respective order.

(a) person whom the insured person has specified to be the administrator of his funeral and having been the administrator as such;
(b) spouse, parents or children of the insured person who has evidence certifying the performance as the administrator of the funeral of the insured person;
(c) other person with evidence certifying his or her performance as the administrator of the funeral of the insured person.

(2) Allowance, in the case where an insured person is dead, shall be paid to a person whom the insured person has specified in writing to be the 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) If before his or her death, the insured person has paid contributions more than thirty six months but less than ten years, the allowance shall be paid in an amount equal to fifty per cent of monthly wages calculated in accordance with section 57 and multiplied by three;
(b) If before his or her death, the insured person has paid contributions more than ten years, the allowance shall be paid in an amount equal to fifty per cent of monthly wages calculated in accordance with section 57 and multiplied by ten.

Section 73 bis. In the case where the insured person who is invalid under section 71, has died, the provisions of section 73 shall apply, mutatis mutandis, and the income replacement received for the last month before the death of such insured person shall be used as basis for calculation.

In the case an insured person who is invalid, is, simultanously entitle to receive funeral expenses and allowance upon his death on the status of his insurance and his invalidity according to paragraph one. The beneficary of such insured person shall have the right to receive either the funeral expenses or the allowance receiving under section 73.

Chapter 6
Child Benefits

Section 74. An 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 thirty months before having such entitlement.

Section 75. Child benefits shall consist of:
(1) children living expenses;
(2) children tuition fees;
(3) hildren medical expenses;
(4) other necessary expenses

The above mentioned expenses shall be in accordance with the rules and rates prescribed in the Ministerial Regulations.

Section 75 bis. In the case an insured person who is entitled to child benefits under section 74, is an invalidated person with entitlement to either invalidity or death benefit, such person or the person specified under section 75 quarter shall also be entitled to child benefit.

Section 75 ter. An insured person shall be entitled to child benefits for his or her legitimate child according to the age as prescribed by the Ministerial Regulations, such entitlement shall be terminated when the child is fully fifteen years of age and shall not exceed two children at a time.

In the case both parents are insured persons, only the father or the mother shall be entitled to child benefits except in the case of registrated divorce or separation, an insured persons who provides the child’s maintenance shall be entitled to such benefit.

Child benefits shall be in accordance with rules, procedures and conditions prescribed in the Ministerial Regulations.

Section 75. quarter. In the case where an insured person is dead, child benefits shall be paid to the following persons in respective order:

(1) husband or wife of the deceased or the person who cohabits
publicly as husband or wife with the deceased according to the rule as prescribed by the Secretary – General and is exercising the parental power.

(2) in the case the person specified in (1) does not provide maintenance to the child or his or her parental power is cancelled or he or she is dead, the person who provides maintenance to the child shall be entitled to such benefits.

Chapter 7
Old-Age Benefits

Section 76. An insured person shall be entitled to old-age benefits provided that such person has paid contributions for a period of not less than one hundred and eighty months irrespective of whether the period of contribution is consecutive or not.

Section 77. Old-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. In 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.

Section 77 ter. In the case where a person entitled to old-age benefits is 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.

Section 77 quarter. 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 his or her entitlement, the heirs of such person shall be entitled to 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 still surviving shall be entitled to one 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. In the case where an insured person is simultaneously 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 superannuation gratuity.

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 of superannuation pension shall be terminated and such person shall, in substitution, receive superannuation gratuity of which the amount of superannuation pension paid before the becoming of invalidity shall be deducted from the amount thereof and remit to the fund.

Chapter 8
Unemployment Benefits

Section 78. An employee who is an insured person shall be entitled to unemployment benefits provided 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) being able to work, being ready for suitable job as provided, having no objection to job training and having been registered with 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 the result of malperformance of duty, or intentionally committing a criminal offence against the employer, or intentionally causing damage to the employer, or violating material rules or 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 official shall have the following powers :

(1) to enter the establishment or office of an employer, work place of an employee, between sunrise and sunset or during working hours, to inspect or inquire into facts, to inspect properties or other documents, to take photographs, to photocopy documents relating to employment, wages payment, employee records, payment of contributions, or other relevant documents, or to take the relevant documents for examination or for other 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 that there are properties of an employer who does not pay contributions or 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) to seize or attach properties of an employer according to the order of 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 of duties under paragraph one, a competent official may bring civil servants or employees of the Office to assist in the performance thereof.

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.

Section 84. For the purpose of inspection and supervision in regard to social 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. In the case the person who has responsibility to conform with the provisions of this Act within the prescribed time under the provisions of section 39, section 45, section 47 section 47 bis and section 56, is not in the country, or cannot perform the responsible obligations within the prescribed time thereof according to any unexcused necessary cause and such 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 the case but, such extension or postponement shall not exceed one time of the period of 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 order under section 50, shall be entitled to lodge an appeal in writing to the Appeal Committee within thirty days from the date of receiving such order.

The rule and procedure of submitting the appeal shall be as prescribed in the Ministerial Regulations.

Section 86. There shall be an Appeal Committee appointed by the Minister consisting of a chairman and other qualified members in legal affairs, medical affairs, social security system and Labour affairs, three representatives of employers and three representatives of employees, and representatives of the Office shall 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.

After having considered the appeal, 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. The Appeal shall not imply any abatement of the order of the Secretary-General or a competent official under this Act, except the appellant has made a request to the Secretary-General for the abatement of the execution of such order. 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 Appeal Committee has the power to appoint sub-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.

The provisions of section 13 shall apply mutatis mutandis to the meetings of the sub-committee.

Section 90. A member of the Appeal Committee shall hold office for a term of two years.

A member who vacates office may be reappointed but not more than two consecutive terms.

Section 91. The provisions of section 11, section 12, section 13 and section 17 shall apply mutatis mutandis to the Appeal Committee

Title 6
Penalties

Section 92. Any person who fails to provide information or submit documents, or any data required by the order of the Committee, the Medical Committee, the Appeal Committee, sub-committees or competent officials, shall be liable to imprisonment for a term not exceeding one month or to a fine not exceeding ten thousand Baht or to both.

Section 93. Any person who intentionally does not fill out the form or survey or fills out such form incompletely or does not return such form within the prescribed time shall be liable to a fine not exceeding five thousand Baht.

Section 94. Any person who knowingly fills out false information or figures in the form of survey shall be liable to imprisonment for a term not exceeding six months or to a fine not exceeding twenty thousand Baht or to both.

Section 95. Any person who violates section 32 shall be liable to imprisonment for a term not exceeding six months or to a fine not exceeding twenty thousand Baht or to both.

Section 96. Any employer who intentionally does not submit the form to the Office within the time prescribed under section 34 or does not declare in writing to the Office any changes or additional modifications of the records within the time prescribed under section 44 shall be liable to imprisonment for a term not exceeding six months or to a fine not exceeding twenty thousand Baht or to both.

If an 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 period of violation or non- compliance.

Section 97. Any employer 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 to imprisonment for a term not exceeding six months or to a fine not exceeding twenty thousand Baht or to both.

Section 98. Any person who obstructs or does not provide reasonable facilities to the competent official who is performing the duties under section 80 shall be liable to imprisonment for a term not exceeding one month or to a fine not exceeding ten thousand Baht or to both.

Section 99. Any employer who fails to comply with section 84 shall be liable to imprisonment for a term not exceeding one month or to a fine not exceeding ten thousand Baht or to both.

Section 100. Any person who has or acquires knowledge of any fact through performing the duty under this Act, discloses any fact concerning the affairs of an employer which normally would be kept confidential by an employer, shall be liable to imprisonment for a term not exceeding one month or to a fine not exceeding three thousand Bahts, or to both, unless such disclosure is for the purpose of official performance under this Act, or for labour protection, investigation or adjudication.

Section 101. In the case where a juristic person is an offender and is liable to punishment under this Act, a representative of such juristic person, every associated member and the person responsible for the operation of such juristic person shall be liable to the same punishment as imposed thereof, unless they can prove that they had no part in the commission of such offence or had made a reasonable effort to prevent such offence.

Section 102. In the case 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 power to settle such offences if he or she considers that an offender does not deserve penalty of imprisonment or prosecution for such offence:
(1) The Secretary-General or the authorized person, for the offence committed in the Great Bangkok Metropolitan.
(2) Provincial Governor or a person authorized by the provincial governor, for the offence committed in other provinces.

 

 

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