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.45 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 inexcused 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.46
The rule and procedure of submittion 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 knowfully 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.47
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45 As added by section 32 of the Social Security Act (No. 2), B.E. 2537 (1994)
46 As amended by section 33, ibid.
47 As amended by section 34 of the Social Security Act (No.2), B.E. 2537 (1994) |
