The termination of being insured person under (4) shall be from the first month where none contribution is paid and the termination of being insured person under (5) shall be from the month where the payment of contribution is less than contributions specified for the period of nine months.
In the case an insured person whose insurance being terminated under (3),(4) and (5) has paid full amount of contribution according to the conditions 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 insurance is terminated.16
Section 42. For the purpose of creating entitlement for an insured person to receive benefits under the provisions of title 3, each period of being insured under section 33 and/or section 39 shall be computed together.
Section 43. Any undertaking which is subjected to this Act shall continue to be so subjected until it ceases to operate, even it subsequently has less employees than the prescribed number and the remaining shall stay so insured. In the case where such undertaking has employed a new employee, the said employee shall be an insured person under this Act, even the total number of employees are less than the prescribed number.
Section 44.17 In the case where the fact relating to the content in the particulars submitted to the Office, has changed, the employer shall apply in writing to change or amend such particulars within the fifteenth day of the month following the month of which the changing has occurred.
The provisions of section 37 shall apply to the case where the employer does not comply with this section, mutatis mutandis.
Section 45. In the case where the social security certificate of registration or social security card is lost, destroyed or materially defaced, the employer or the insured person shall, within fifteen days from the date he or she is aware of the loss, destruction or defacement, file an application to the Office for a substitute of the social security certificate of registration or social security card, as the case may be. The filing of application thereof shall be in accordance with the regulations prescribed by the Secretary – General.
Chapter 2
Contributions
Section 46.18 The Government, an employer and an insured person under section 33 each shall pay contributions equally to the Fund at the rate prescribed in the Ministerial Regulations for payment of benefits relating to injury, sickness, invalidity, death and maternity, but the contributions thereof shall not exceed the rate of contributions appended to this Act.
The Government, an employer and an insured person under section 33, shall pay contributions to the Fund at the rate prescribed in the Ministerial Regulations for payment of benefits relating to child benefit, old-age benefit, and unemployment benefit, but the contributions thereof shall not exceed the rate of contributions appended to this Act.
For the insurance under section 39, the Government and an insured person shall pay contributions to the Fund in the proportion that the Government paying one time and an insured person paying double of the rate of contributions at which each party is required to pay as prescribed in paragraph one.
In determining the rate of contributions under paragraph one and two, it shall be taking into account the benefits payment and administrative expenses of the Office under section 24.
Minimum and Maximum wages which are used as basis of calculating contribution of each insured person under section 33 shall be in accordance with the Ministerial Regulations. In calculating contribution of each insured person, the fraction of contribution as from the amount of fifty stangs shall be counted as one bath, if less, it shall be disregarded. In the case where the insured person works for several employers, contributions shall be calculated from wages which such insured person received from each employer.
Section 47.19 For every payment of wages, the employer shall deduct wages of an insured person at the amount to be paid for contributions on the part of the insured person under section 46. After the deduction thereof, it is deemed that the insured person has paid his or her contribution from the date of deduction.
The employer shall pay contributions on the part of an insured person which is deducted under paragraph one and on the part of the employer, to the Office within the fifteenth day of the month following the month of deduction and shall submit statement showing payment of contributions according to the form as prescribed by the Secretary - General.
If an employer fails to pay wages in due time, the employer shall have duty to pay contributions under paragraph two and it is deemed that there has been a payment of wages.
In the case where an employer pays the contribution on the part of an insured person, or on the part of the employer to the Office in excess of the amount need to be paid, the employer or the insured person shall apply for reimbursement according to the regulations prescribed by the Secretary - General. If the employer or the insured person does not apply for reimbursement within one year as from the date of receiving the notice to reimburse the money, such money shall belong to the Fund.
Section 47 bis.20 In the case where an employer does not pay the contribution or cannot pay full amount of contribution within the prescribed time under section 47 paragraph two, the competent official shall send the notice in writing ordering the employer to pay contribution due with additional payment within the prescribed time which must not less than thirty days as from the date of receiving the said notice. If the employer, upon receiving such notice, does not pay contributions due and additional payment within the prescribed time, the competent official has powers to assess the contribution and notify in writing ordering the employer to pay, as follow:
(1) If the employer had paid any contribution before, it shall be deemed that the amount of contribution to be paid by the employer within each following month equals to the amount of contribution of the month where the employer paid for the whole last month.
(2) If the employer who has duties to comply with this Act, does not submit particulars under section 34 or submit particulars under section 34 but has never paid any contribution of submit particulars under section 34, by indicating the number and the list of the employees’ name less than the actual number of the employees, it shall be calculated from the particulars submitted by the employer or from the number of employees whom the competent office has examined, as the case may be, and it shall be deemed that each employee received the monthly wages at the rate specified in the particulars so submitted.
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16 As amended by section 4 of the Social Security Act (No.3), B.E. 2542 (1999)
17As amended by section 14 of the Social Security Act (No.2), B.E. 2537 (1994)
18 As amended by section 5 of the Social Security Act (No.3), B.E.2542(1999)
19 As amended by section 16 of the Social Security Act (No.2), B.E. 2537 (1994)
20 As added by section 17, ibid. |
