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Social Fund Declined Because I'm a Foreigner in Thailand


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I am a director/owner of a Thai company since 2014 with work permit and paying taxes and contributing to the social fund for Thai workers as required.

 

I recently saw a discussion on ThaiVisa about contributing to the social fund and I was always informed that Owner/Director could not be included. Another forum member linked to the Ministry Of Labor website section 40 stating anyone not usually included could be included by request at the office.

 

http://www.mol.go.th/sites/default/files/downloads/pdf/SOCIAL_SECURITY_ACT_2533_SSO_1.pdf

 

However my accountant contacted the social fund office and this is the reply she provided me with:

 

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"Section 40 foreigner can not register. 
 
Section 40 for only
- Thai people
- migrant worker/unskilled worker"
--------------------
 
I believe this response not to be factually true, what is the best way to approach this to achieve a fair outcome of being able to contribute to the fund?
 
 

 

 

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I think section 40 is being misinterpreted here. The way I read it is that an employee who does not fall within the parameters of section 33, eg being under 15 or over 60, can still request to be included. The Act makes a very clear distinction between employers and employees. Even in the case of a juristic entity a director (not necessarily a shareholder) is designated as the employer as per section 5 and thus excluded. 

The reply you received from the SSO is wrong regardless how the act should be read. It might be a good idea to check the original Thai wording of the act to see if it’s less ambiguous in that version. 

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???? yet law says you have to pay social security. That’s a weird one. Why would law force you to contribute for a fund that you can not access.  That’s same as being scammed. Id be ashamed if I were a government scamming forgeiners. ????‍♂️. It’s no wonder people are choosing other countries more and more.. 

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11 hours ago, Drax said:

???? yet law says you have to pay social security. That’s a weird one. Why would law force you to contribute for a fund that you can not access.  That’s same as being scammed. Id be ashamed if I were a government scamming forgeiners. ????‍♂️. It’s no wonder people are choosing other countries more and more.. 

If you’re not benefiting, you’re also not paying in. No scam there. 

Also none of the many Thai directors / employers I know are in the social security scheme. They’re all privately insured. 

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6 minutes ago, bigginhill said:

I read the thread you read, if you can find it maybe you can contact the members who had been successful. 

I saved this link from there, I don,t know if it can be of any use to you

https://www.ssa.gov/policy/docs/progdesc/ssptw/2016-2017/asia/thailand.html

 

That website looks like a us site, it’s a good resource thanks.

 

It does concur with what I thought that employers and self employed have no medical coverage privileges from ss. At least now I can put that idea to bed ????????

 

If other self employed directors on this forum have it (ss) then it’s been accepted unofficially or its from previous employment and therefore void.

 

Only employees get the medical cover and it has nothing to do with being a foreigner and as the message that I was sent via the local ss office said.

 

———quote——-

Universal coverage scheme (medical benefits):None.

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I don,k have alot of time at the moment to search, but I read what you read, so I wouldn,t give up

On this thread 

  member khunkenAp, gave this email saying they replied in english and were very helpful. 

[email protected]

try writing, I would not say you have a reply already from someone else

I think you are right, at least as far as what as what other members posted, don,t give up

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1 hour ago, dcnx said:

I hung in for nearly 20 years. Now I’ve sold a bit more than half of my assets here and trying to get rid of the rest. It just doesn’t make sense to stay here anymore, especially when there are other options out there.

 

Thailand used to be easy. That was the attraction. It doesn’t matter how much you contribute here, you’re either Thai or you’re just tolerated until they decide it’s time for you to go. That’s no way to live out the rest of your days.

Same here 18years+ and I agree 100% with you

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3 hours ago, bigginhill said:

Looks like bad news...

Thanks to your research the previous threads confirm a rule change in 2009 which would explain why some TV members do have the SSO even as a director (pre-2009), so it was grandfathered in. We can't do that now it seems.

 

Thanks for sharing the info.

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3 hours ago, dcnx said:

I hung in for nearly 20 years. Now I’ve sold a bit more than half of my assets here and trying to get rid of the rest. It just doesn’t make sense to stay here anymore, especially when there are other options out there.

 

Thailand used to be easy. That was the attraction. It doesn’t matter how much you contribute here, you’re either Thai or you’re just tolerated until they decide it’s time for you to go. That’s no way to live out the rest of your days.

Well I must admit I am playing with the idea of spending some time overseas to rebuild business and income streams without the daily 'were going to get you rhetoric' hanging over my head however its not as easy for my wife to simply up sticks and fly to the other side of the world. If I wasn't married with established family life here I would be long gone maybe since 2015 as all the BS was starting to kick in.

 

Even if i do spend time overseas, having a Thai wife I have a feeling I will be heading back to Thailand regularly so the SSO would have been a good back up to secure for future if health insurance becomes too expensive at a certain age.

 

Good luck whatever you do its bad to see long timers wanting to leave...

 

...what assets are you wanting to get rid of, anything going cheap ????

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11 minutes ago, BigFun said:

As far as I know director cannot be on Social Security, thai or 'rang or doesn't matter. 

 

Basically true but exception if the Director is hired by the Board or owner and paid a salary

 

See this thread

 

 

Nowhere in the SS Act nor any subsequent rulings that I have seen is there any provision that distinguishes between Thais and other nationals. An employee is an employee, full stop.

 

SS offices (and HR staff) will sometimes claim something isn't possible for a farang. Not true and usually means they do nto know how to process it if there is no ID number since that is usually a required field. Getting a pink ID card will solve that, otherwise may have to go through the SS HQ to find someone who can explain to them how it use passport number instead. (This doesn't solve the Director issue though).

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On 8/1/2019 at 3:18 PM, dcnx said:

I hung in for nearly 20 years. Now I’ve sold a bit more than half of my assets here and trying to get rid of the rest. It just doesn’t make sense to stay here anymore, especially when there are other options out there.

 

Thailand used to be easy. That was the attraction. It doesn’t matter how much you contribute here, you’re either Thai or you’re just tolerated until they decide it’s time for you to go. That’s no way to live out the rest of your days.

 I hope you sell the rest. Try Kaidee. 

Dont waste your life here. Go quickly. 

 

“They” have decide it is time you go?

 

20 years, many friends right?, big party when you go? Or not?

 

Where you go?

 

Good luck.

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Being a shareholder and director here since 2005 I presume that I am still applicable to the benefits of social security. I have a social security card (never used) and still pay-in every month, further I received a statement indicating my retirement schedule once I am applicable.

 

One poster mentioned earlier that there was a change of this act in 2009: everybody who paid-into social security before 2009 is still applicable - those starting to pay-in after 2009 are not applicable.

 

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3 hours ago, Prince77 said:

Being a shareholder and director here since 2005 I presume that I am still applicable to the benefits of social security. I have a social security card (never used) and still pay-in every month, further I received a statement indicating my retirement schedule once I am applicable.

 

One poster mentioned earlier that there was a change of this act in 2009: everybody who paid-into social security before 2009 is still applicable - those starting to pay-in after 2009 are not applicable.

 

That doesn't help those of us who registered a business working as a director after 2009.

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59 minutes ago, NightSky said:

That doesn't help those of us who registered a business working as a director after 2009.

True, but it may shed light into this matter as to why there are different perceptions about this System of social security.

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