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 22.⁹ 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 27.¹⁰ 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.

Next Page
[1]  [2]  [3]  [4]  [5]  [6]  [7]  [8]  [9]  [10]  [11]

8 By virtue of the Act on the Organization of Ministries, Sub-Ministries and Departments (No.8) B.E. 2536 (1993), the Ministry of Labour and Social Walfare is established and in this regard the Social Security Office is now under the Ministry of Labour and Social Welfare.

9 As amended by section 7 of the Social Security Act (No.2), B.E. 2537 (1994)

10 As amended by section 8 of the Social Security Act (No.2), B.E. 2537 (1994)