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 9748. 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.
In holding an inquiry, if an inquiry official is of the opinion that any person who has committed an offence under this Act at a level where the punishment can be settled, has agreed to have the case settled, the inquiry official shall submit the case to the Secretary-General or the Provincial Governor, as the case may be, within seven days as from the date such person agreed to have the case settled.
When the offender has paid the fine so fixed within thirty days, the case shall be deemed to be settled according to the Penal Procedure Code.
If the offender does not agree to have the case settled or after having agreed to have the case settled, failes to pay the fine within the prescribed time under paragraph three, the case shall be further proceeded.
Transitory Provisions49
Section 103. This Act shall be enforced for an undertaking which employs twenty employees or more as from the date this Act comes into force.
This Act shall be enforced for an undertaking which employs ten employees or more after a period of three years from the date of its coming into force.
This Act shall apply to the employer having employees less than ten persons in locality and time as prescribed in the Royal Decree.50
Section 104. The collection of contributions shall be carried out for the purpose of providing injury or sickness benefits, invalidity benefits, death benefit not relating to work and maternity benefits as form the date the provisions of chapter 2 of title 2 comes into force.
The collection of contributions for child benefits and old-age benefits shall be prescribed in the Royal Decree, which shall not be in force later than 31 st December B.E. 2541.51
The commencement for collection of contributions for unemployment benefits shall be prescribed in the Royal Decree.
Countersigned by:
Major General Chatchai Choonhavan
Prime Minister
Rates of fees
(1) Substitute for social security 50 Baht each
certificate of registration
(2) Substitute for social security card 10 Baht eact
Index Page
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49 In addition to those transitory provisions, section 38, section 39, section 40 and section 41 of the Social Security Act (No.2), B.E. 2537 (1994) has added the following transitory provisions:
“Section 38. Any person who is entitled to any benefit from the Fund before or at the date of this Act comes into force, shall be further entitled to such benefit until his entitlement is terminated.
Section 39. The temporary employees of the Central Administration, Provincial Administration and Local Administration, who ceased to be the insured person under this Act, whether such person has paid any mount of contribution. Such person shall be further entitled to benefit under the provisions of chapter 2, chapter3, chapter 4 and chapter 5 of title 3 of the Social Security Act, B.E. 2533 (1990) for a period of six months from the date this Act comes into force.
The provisions of section 39 of the Social Security Act, B.E. 2533, as amended by this Act, shall enforce to the temporary employee ceasing to be the insured person under paragraph one, mutatis mutandis.
Section 40. For the benefit of calculating the period of time for paying contributions under this Act, contributions of each month which, either having a total of days or being deducted and paid per month, was paid or deemed to have been paid before the date this Act comes into force, shall be considered that the period of payment equals to one month.
Section 41. All money which an employer or an insured person is entitled to refund before the date this Act comes into force and having no application to the Office for refunding within one year from the date this Act comes into force, shall belong to the Fund.”
50 As added by section 36 of the Social Security Act (No.2), B.E. 2537 (1994)
51 As amended by section 37, ibid |
