Thailand Law Library

by Thailand Lawyer

Chapter 13: Employee Welfare Fund

There shall be an Employee Welfare Fund in the Department of Labor Protection and Welfare which aims to be a supporting fund for Employees in case of termination of employment or death, or in any other case as prescribed by the Employee Welfare Fund Committee.

The Employee Welfare Fund shall consist of:

1. Contributions and Supplementary Contributions;
2. money belonging to the Employee Welfare Fund under Section 133 and Section 136;
3. additional money under Section 131;
4. fines received from the punishments of offenders under this Act;
5. donated money or properties;
6. subsidies paid by the Government;
7. other income; and
8. interest or fruit of the Employee Welfare Fund.

The Employee Welfare Fund shall arrange the following accounts:

1. n account of each member stating Contributions, Supplementary Contributions and fruit produced by such money; and
2. a central account stating particulars of other money besides that in (1).

A fine which is remitted under Section 127(4) into the Employee Welfare Fund and the due of remittance of such money shall be made under the rules prescribed by the Employee Welfare Fund Committee which are published in the Government Gazette.

For the benefit of the execution of this Act, the money and properties of the Employee Welfare Fund under Section 127 shall belong to the Department of Labor Protection and Welfare without having to be remitted to the Ministry of Finance as state revenue.

There shall be an Employee Welfare Fund Committee consisting of the Permanent Secretary of the Ministry of Labor and Social Welfare as chairman, a representative of the Ministry of Finance, a representative of the Board of National Economic and Social Development, a representative of Bank of Thailand, five representative of Employers and five representative of Employees appointed by the Minister as members, and the Director-General of the Department of Labor Protection and Welfare as a member and secretary.

The Employee Welfare Fund Committee shall have powers and duties as follows:

1. to prescribe policy concerning the administration and payment of the Employee Welfare Fund with the consent of the Minister;
2. to consider and comment to the Minister on the issue of Royal Decrees, Ministerial Regulations, Notifications, or Rules for execution under this Act;
3. to make rules of the receipt, payment, and safe-keeping of money belonging to the Employee Welfare Fund with consent of the Minister;
4. to make rules of the provision of benefits to the Employee Welfare Fund with consent of the Minister;
5. to allocate money belonging to the Employee Welfare Fund not exceeding ten per cent of the fruit per annum as an administration expense of the Employee Welfare Fund; and
6. to perform other matters as prescribed to be powers and duties of the Employee Welfare Fund Committee under this Act or any other laws or as assigned by the Minister.

Section 78 paragraph two, Section 80, Section 81, Section 82 paragraph one, Section 83 and Section 84 shall apply to the Employee Welfare Fund Committee mutatis mutandis.

All Employees of businesses with more than ten Employees or more shall be members of the Employee Welfare Fund.

The provision in the first paragraph shall not apply to businesses in which the Employer provides a provident fund under the law on provident funds or provides assistance to Employees in case of termination of employment or death in according to the rules and procedure prescribed in the Ministerial Regulations.

The provision in the first paragraph shall apply to Employees of a business with less than ten Employees, only if the application is enacted as a Royal Decree.

The Committee of the Employee Welfare Fund may issue rules prescribing that Employees of an undertaking which is not under the enforcement of this Act are able to apply to be a member of the Employee Welfare Fund if they wish, with the consent of the Employer; and the Employer shall have duties as prescribed by this Act as if an undertaking under the enforcement of this Act.

An Employer whose Employees are members of the Employee Welfare Fund under paragraph one shall submit the form listing the Employees’ name and any other particulars. After the Employer has submitted such form, the Department of Labor Protection and Welfare shall issue a certificate of registration to the Employer.

Whereas any particulars submitted in the form listing of Employees’ name have been changed, the Employer shall notify the Department of Labor Protection and Welfare in writing in order to revise or amend such list.

A request for the revision or amendment of the form listing of Employees’ name and the certification or registration issued to the Employer shall be in accordance with the form, rules and procedures prescribed by the Employee Welfare Fund Committee.

The persons who submit the forms, or request for the revision or amendment of particulars under the law on social security shall be deemed as being in compliance with the provisions under paragraph five, paragraph six and paragraph seven of this Section.