Educational Information Only
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Contribution Evasion in Thailand
Deliberately underreporting wages or avoiding social security contributions
Social Security Act B.E. 2533 (1990) §89-90
Fine up to THB 20,000, 2% monthly surcharge on overdue contributions
serious
Definition
Deliberately underreporting wages or avoiding social security contributions Under Thai law, this offence is classified as a serious offence within the category of social-security.
Legal Basis
Social Security Act B.E. 2533 (1990) §89-90
Primary legislative provision for contribution evasion offences.
Elements of the Offence
For a conviction, the prosecution must prove all of the following elements beyond reasonable doubt:
Underreporting employee wages
Failing to deduct or remit employee contributions
Penalties
Maximum Penalty
Fine up to THB 20,000, 2% monthly surcharge on overdue contributions
Actual sentences depend on factors including the severity of the conduct, harm caused, prior convictions, and mitigating circumstances. Courts have discretion to impose lesser sentences within the statutory range.
Possible Defences
The following defences may be available depending on the circumstances:
Honest miscalculation
Dispute over compensation classification
Note: The availability of defences depends on specific facts. Professional legal advice is essential.
For Foreigners
Special Considerations for Foreign Nationals
Foreign employees may lose benefit eligibility if employer evades contributions.
When Legal Representation Matters
If you are accused of contribution evasion or facing investigation, immediate legal representation is essential to protect your rights and build an effective defence.
Anglo Siam Legal provides experienced legal services across Thailand for both Thai nationals and foreigners.
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