19 July 2010

(Translation)

SOCIAL SECURITY ACT,
B.E. 2533 (1990)¹
_________

BHUMIBOL ADULYADEJ, REX.
Given on 11th Day of August B.E. 2533;
Being the 45th Year of the Present Reign.

His Majesty King Bhumibol Adulyadej is graciously pleased to proclaim that:

Whereas it is expedient to revise the law on social security;

Be it, therefore, enacted by the King, by and with the advice and consent of the National Assembly as follows:
Section 1. This Act is called the “Social Security Act, B.E. 2533”

Section 2. This Act shall come into force as from the day following the date of its publication in the Government Gazette except the provisions of chapter 2 of title 2 shall come into force after one hundred and eighty days from the date this Act comes into force and the provisions of section 40 shall come into force within four years from the date this Act comes into force.²

Section 3. The Social Insurance Act, B.E. 2497 shall be repealed.

All the other laws, by-laws and regulations in so far as they have already provided in this Act or are contrary to or inconsistent with the provisions of this Act shall be replaced by this Act.

Section 4. This Act shall not apply to
(1)³ public officials, permanent employees, daily temporary employees and hourly temporary employees of Central Administration, Provincial Administration and Local Administration but excluding monthly temporary employees;
(2) Employees of foreign government or international organizations;
(3) employees of employers who have offices in the country and being stationed abroad;
(4) teachers or headmasters of private schools under the law on private school;
(5) students, nurse students, undergraduates or interning physicians who are employees of schools, universities or hospitals;
(6) other activities or employees as may be prescribed in the Royal Decree.

Section 5. In this Act:
“employee” means a person agreeing to work for an employer in return for wages irrespective of designation but excluding an employee who is employed for domestic work which does not involve in business;

“employer” means a person agreeing to accept an employee for work by paying him or her wages, and includes a person entrusted by an employer to act on his or her behalf, in the case an employer is a juristic person, it shall include the person authorized to act on behalf of such juristic person and the person entrusted by such authorized person to act thereon;

“wages” means all types of money which are paid by an employer to an employee in return for the work done during normal working hours and days, whether to be calculated by the duration or the result of the work being done, and includes money which an employer pays to an employee for holidays and leaves on which the employee does not work, regardless of the way it is specified, calculated or paid, in any nature or method, and the name used;

“working day” means a day scheduled for an employee to work normally;

“insured person” means a person who pays contributions which provides entitlement to benefits under this Act;

“confinement” means the delivery of an infant from mother’s womb in which a period of pregnancy is not less than twenty-eight weeks, irrespective of whether the infant is alive or not;

“invalidity” means loss of physical organ or loss of physical or mental capacity to the extent that such employee is unable to work according to the criteria as may be determined by the Medical Committee;

“unemployment” means an insured person ceases to work resulting from cessation of legal relations between an employer and an employee under hire of services contract;

“Fund” means the Social Security Fund;

“Office” means the Social Security Office ;

“Committee” means the Social Security Committee;

“member” means a member of the Social Security Committee;

“competent official” means a person appointed by the Minister for the execution of this Act;

“Secretary – General” means the Secretary- General of the Social Security Office;

“Minister” means the Minister having charge and control of the execution of this Act.

Section 6.⁴ The calculation of wages for payment of contribution shall be based on the monthly basis.
In the case an employee does not receive a monthly wages, the calculation shall be based on monthly basis, and it shall be considered that actual wages received by the employee is monthly wages.

For the purpose of counting time for paying contribution of insured person, it shall be deemed that contribution being deducted from wages paid to the employee in any month, shall be payment of such specified month and, no matter such contribution is computed or is monthly paid, it shall be deemed that the contribution equals to one month.

Section 7. The Minister of Labour and Social Welfare⁵ shall have charge and control of the execution of this Act and shall have the power to appoint competent officials, issue Ministerial Regulations prescribing fees not exceeding the rates provided in the schedules hereto attached, granting exemption from fees, and prescribing other activities for the execution of this Act.

Such Ministerial Regulation shall come into force upon their publication in the Government Gazette.

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1 As last amended by the Social Security Act (No.3), B.E. 2542 (1999) (published in the Government Gazette Vol.116, Part 22 a, dated 31st March B.E. 2542 (1999)

2 Published in the Government Gazette Vol. 107, Part 161, Special Issue, dated 1st September B.E. 2533 (1990)

3 As amended by section 3 of the Social Security Act (No.2), B.E. 2537 (1994)

4 As amended by section 4 of the Social Security Act (No.2), B.E. 2537 (1994)

5 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 Welfare is established, and under the Act Transferring Some Parts of the Powers, Duties and Administration of the Ministry of Interior to the Ministry of Labour and Social Welfare, B.E. 2536 (1993), the power and duties of the Minister of Interior, in respect of the execution of the law which is under the powers and duties of the Social Security Office, Ministry of Interior, shall be transferred to the Minister of Labour and Social Welfare.