Educational Information Only
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Employer Non-Registration in Thailand
Failing to register employees with the Social Security Office as required by law
Social Security Act B.E. 2533 (1990) §87
Fine up to THB 20,000 and/or imprisonment up to 6 months
serious
Definition
Failing to register employees with the Social Security Office as required by law 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) §87
Primary legislative provision for employer non-registration offences.
Elements of the Offence
For a conviction, the prosecution must prove all of the following elements beyond reasonable doubt:
Employing one or more workers
Failure to register with SSO within 30 days
Failure to remit contributions by the 15th of following month
Penalties
Maximum Penalty
Fine up to THB 20,000 and/or imprisonment up to 6 months
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:
Administrative error promptly corrected
Dispute over employment status
Note: The availability of defences depends on specific facts. Professional legal advice is essential.
For Foreigners
Special Considerations for Foreign Nationals
Employers of foreign workers must register them if they hold valid work permits.
When Legal Representation Matters
If you are accused of employer non-registration 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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