Thailand Law Library

by Thailand Lawyer

Chapter 13: Employee Welfare Fund

As from the date the Employee applies to be a member of the Employee Welfare Fund, the Employer shall make a deduction from the Employee’s Wage on every payment to pay for Contributions; and the Employer shall pay Supplementary Contributions to the Employee Welfare Fund; provided that it shall be in accordance with the rate prescribed by the Ministerial Regulations but not exceeding five percent of the Wages.

If the employer fails to pay Wage at the time of payment, the Employer shall remit the Contributions and Supplementary Contributions as if the Wage has been paid.

Where the Employer fails to pay the Contributions or Supplementary Contributions or fails to pay in full amount within the period as prescribed in paragraph four, the Employer shall pay additional money to the Employee Welfare Fund at the rate of five per cent per month based on the Contributions or Supplementary Contributions which have not been paid or which have failed to be paid in full from the date that such money becomes outstanding. For fractions of a month of fifteen days or more shall be counted as one month, and of less than 15 days shall be disregarded. The Employer shall not cite the failure of wage deduction or the failure of wage deduction in full amount as a reason for free liability for the remission of such money.

Remission of Contributions, Supplementary Contributions and additional money to the Employee Welfare Fund shall be in compliance with the rules and procedures prescribed by the Employee Welfare Fund Committee.

Whereas the Employer fails to remit Contributions or Supplementary Contributions or fails to pay in full amount by the due date, a Labor Inspector shall give a written notice to the Employer to pay the due money within a period of not less than thirty days of the receipt of such notice.

Where a notice has been issued under paragraph one, if the exact amount of the Wage is not known, the Labor Inspector shall have power to evaluate the Contributions and Supplementary Contributions to be remitted by the Employer according to the rules and procedures prescribed by the Employee Welfare Fund Committee.

In case of termination of employee the Department of Labor Protection and Welfare shall pay his or her Contributions, Supplementary Contributions and the fruit of such money allocated from the Employee Welfare Fund. In case of the death of the Employee, if he or she has not named in writing in the form prescribed by the Director-General who should receive the money paid by the Employee Welfare Fund, or has stated whom, but such person is also dead, the money of the Employee Welfare Fund under paragraph one shall be paid to the children, spouse, and parents of the Employee who are alive in equal fragment.

If there is no person entitled to the money allocated to a dead Employee from the Employee Welfare Fund under paragraph two, such money shall belong to the Employee Welfare Fund.

For the payment of money allocated from the Employee Welfare Fund in cases other than that prescribed under Section 133, the Employee Welfare Fund Committee shall prescribe the rules of payment of the supporting money, the rate and the period of payment by considering the amount of the Employee Welfare Fund which is not in the part to be paid under Section 133.

Whereas the Department of Labor Protection and Welfare has paid money allocated from the Employee Welfare Fund, in whole or in part, to an Employee under section 134, the Employee Welfare Fund has the right to summon a person eligible to pay such money to the Employee to compensate the Employee Welfare Fund for the paid money, including interest at a rate of fifteen per cent per annum.

The duration of a right to claim the Employee Welfare Fund shall be ten years from the date that the Employee Welfare Fund pays the money prescribed under paragraph one.

A Labor Inspector shall have the power to issue a written order to seize, attach and sell by auction the property of an eligible person who fails to remit Contributions, Supplementary Contributions or additional money, or fails to pay in full amount or fails to pay money under section 135.

The order of seizure or attachment of the properties under paragraph one shall be issued only after a written notice has been sent to the person liable to remit the due Contributions, Supplementary Contributions or additional money, or money to be paid under Section 135, to pay the money within a specified period of not less than thirty days from the date of the receipt of such warning, and the person has failed to pay the money within the specified period.

Rules and procedures of seizure, attachment and sale by auction of properties under paragraph one shall be in compliance with the regulations prescribed by the Minister, provided that the rules and procedures of the Civil Procedure Code shall be applied mutatis mutandis.

The money received from the sale by auction of properties shall be deducted to be expenses incurred in the seizure, attachment and safe by auction of those properties; to be the payment for any Contributions, Supplementary Contributions or due additional money; or to pay for the eligible person has to pay under Section 135; and to be returned to such person expeditiously where the money remained. The Labor Inspector shall issue a written notice relating the receipt of the remaining money via registered mail. If no one claims the money within five years, such money shall then belong to the Employee Welfare Fund.

The right to claim for money from the Employee Welfare Fund is neither transferable nor liable for execution.

Within one hundred and twenty days of the end of the calendar year, the Employee Welfare Fund Committee shall submit a balance sheet and report on receipts and payments of the Employee Welfare Fund for the last year to the State Audit Office to approve before submitting to the Minister.

The Minister shall submit the above-mentioned balance sheet and reports of receipts and payments to the Cabinet for their information and to be published in the Government Gazette.