In the case where the employer has never submitted particulars or submitted incomplete particulars, it shall be deemed that each employee receives the monthly wages, not less than the minimum daily wage, according to the law on labour protection being enforced within that locality, multiplying by thirty.

In the case where there is the investigation within two years as from the date of notice of contribution assessment under paragraph one, that the actual amount of notice of contribution to be paid by the employer is more or less than the amount assessed by the competent official under (1) or (2), the Office shall send the notice to the employer notifying such investigation within thirty days as from the date of knowing the result of investigation in order that the employer shall pay the additional contribution within thirty days as from the date of receiving the notice or filing an application for reimbursement. If the employer does not receive reimbursement within one year as from the date of knowing the result of investigation, the said money shall belong to the Fund.

For serving notice, notification of the amount of contribution assessment, and notification of the result of investigation, the provisions of section 30 shall apply mutatis mutandis.

Section 48. In the case where an insured person works for more than one employer, all of the employers shall have duties to comply with the provisions of section 46 and section 47.

Section 49. An employer who does not pay contributions on his or her part or on the part of insured person of fails to pay full amount of contributions within the prescribed time under section 47, shall have to pay an additional payment at the rate of two per cent per month of the outstanding contributions which has not yet been paid or of the missing amount as from the day following the due date. For any fraction of a month, if it is fifteen days or more, it shall be counted as a month, if less, it shall be disregarded.

In the case where the employer fails to deduct wages of an insured person for contribution or has deducted but not in full amount of contributions according to section 47 paragraph one, the employer shall be liable for the full or unpaid amount of contributions of such insured person and shall pay an additional payment of this undeducted or unpaid amount under paragraph one as from the day following the due date. In such case, the right of the insured person shall be treated as if he had paid full amount of contribution.

Section 50. The Secretary – General has the power to issue written order to seize, attach and sell by auction the properties of the employer who fails to pay contributions and/or an additional payment or fails to pay full amount of contributions under section 49 to the extent as necessary to cover the outstanding contributions.

The order to seize, attach or sell by auction the properties under paragraph one may be issued after having dispatched a written notice ordering the employer to pay the outstanding contributions and/or additional payment within a fixed period of not less than thirty days as from the date the employer, upon receiving the said notice, fails to pay within the prescribed time.

Rules and procedures of seizure, attachment and sale by auction of properties under paragraph one shall be in accordance with the regulations prescribed by the Minister, in this respect the rules and procedures under the Civil Procedure Code shall apply mutatis mutandis.

The proceeds obtained from such sale by auction shall be deducted for expenses in the seizure, attachment and sale by auction and for payment of outstanding contributions and additional payment.Any remainder shall be immediately returned to the employer. If the employer does not claim for this remainder within five years, it shall become the property of the Fund.

Section 51. In the event of debt to non-payment of contributions and /or additional payment, the Office shall have preferential right on all properties of the employer who is debtor and shall be same rank with the preferential right on account of taxes and rates according to the Civil and Commercial Code.

Section 52. In the case where an employer is a sub-contractor, the preceding sub-contractors, if any, including the first sub-contractor shall all be jointly liable with the sub-contractor who is obliged as an employer for payment of contributions on the part of employer under this Act.

Section 53.²¹ The provisions of section 49, section 50 and section 51 shall apply to the sub-contractor under section 52, who does not pay contribution or cannot pay full amount of contributions within the prescribed time, mutatis mutandis.

TITLE 3
Benefits
Chapter 1
General

Section 54. An insured person or a person under section 73 shall be entitled to receive the following benefits from the Fund:
(1) injury or sickness benefits;
(2) maternity benefits;
(3) invalidity benefits;
(4) death benefits;
(5) child benefits;
(6) old-age benefits;
(7) unemployment benefits except for an insured person under section 39.

Section 55. In the case where an employer has, before the date of enforcement of this Act, provided welfare in respect of non-occupational injury or sickness or invalidity or death, or maternity or child allowance or old - age, or unemployment to an employee who is an insured person under section 33 and has been employed before the date of enforcement of this Act, if such welfare has provided benefits in any case higher than any benefits under this Act, the employer shall present work regulation, hire of services contract or conditions of employment, which specifies such welfare to the Committee to apply for a discount of the rate of contributions in respect of the type of benefits from the rate at which the employer has provided to the rate at which an insured person and an employer are required to pay to the Fund under section 46, and the employer shall use the rate of contributions after discount to compute the amount of contributions on the part of an insured person and of the employer to be paid to the Fund for other benefits.

The application for a discount of the rate of contributions and the determination of a discount of the rate of contributions under paragraph one shall be in accordance with rule, procedure and conditions prescribed by the Committee.

Section 56.²² An insured person or any person who thinks that he or she is entitled to any benefit as prescribed under section 54 and wishes to receive said benefit, shall file an application according to the form prescribed by the Secretary - General, to the Office within one year from the date of such entitlement and the Secretary - General or the person entrusted by the Secretary – General shall consider such application promptly.

In the case the benefit under paragraph one is a sum of money, if the insured person or the entitled person does not receive such money within two years from the date of receiving the notice from the Office, the said money shall belong to the Fund.

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21 As amended by section 18 of the Social Security Act (No.2), B.E. 2537 (1994)

22 As amended by section 19 of the Social Security Act (No.2), B.E. 2537 (1994)