TITLE 2
Social Security
Chapter 1
Insured Person

Section 33.¹¹ The employee who has been over fifteen years of age and not more than sixty years of age, shall be insured person.

The insured person under paragraph one who has become sixty years of age and has continually been an employee of the employer under this Act, shall be deemed to be an employee who is an insured person.

Section 34. An employer who employs employees being insured persons under section 33 shall submit the statement specifying names of insured person, rate of wages and other information, in accordance with the form prescribed by the Secretary - General, to the Office within thirty days as from the date on which the employees become insured persons.

Section 35. In the case where the principal who employs employees by the wholesale wages method has sub-contracted the execution of work and the responsibility for paying employees wages to other person, or has sub-contracted any person for the supply of labour which is not employment service business and the sub-contracted work is a part in the process of production or of business which is undertaken in the establishment or working place of the principal and the essential equipment for such work is provided by the principal, the principal shall be an employer who is required to perform duties under this Act.

In the case where the entrepreneur who has been sub-contracted by the wholesale wages method under paragraph one is acting as an employer by submitting the statement to the office under section 34, such entrepreneur shall have responsibility to comply with this Act in the same manner as the employer. In this case, the principal shall discharge from the responsibility for payment of contribution and additional money, for the amount of which the entrepreneur who has been sub-contracted by the wholesale wages method, has paid to the office.¹²

Section 36. When an employer has submitted the form under section 34, the Office shall issue to the employer a social security certificate of registration and to the employee a social security card in accordance with the form, rules and procedures prescribed in the Ministerial Regulations.

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 terminated¹³.

Section 39.¹⁴ 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 41.¹⁵ 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.

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

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

13As amended by section 3 of the Social Security Act (No.3), B.E. 2542 (1999)

14 As amended by section 12 of the Social Security Act (No.2), B.E. 2537 (1994)

15As amended by section 13, ibid.