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SUWANVARA LAWFIRM
Suwanvara Law Firm Co., Ltd.
SUWANVARA LAWFIRM
SUWANVARA LAWFIRM
Suwanvara Law Firm Co., Ltd.
Labor Law

Social Security: Rights Employees Often Don't Use and Duties Employers Often Forget

Pay contributions every month but never claim anything because they don't know what rights they have and by when they must file, along with employer-side duties that carry penalties if missed.

by Legal Advisory TeamAugust 22, 20263 min read
Social Security: Rights Employees Often Don't Use and Duties Employers Often Forget

Most working people see the words "Social Security" on their payslip every month, but never use any benefits other than going to the hospital under their entitlements. Yet this system covers much more than that, and many benefits have filing deadlines, which once missed, are gone for good.

How many types of insured persons are there?

  • Section 33 Employees in establishments; employer and employee contribute jointly. This group receives the broadest coverage.
  • Section 39 Those who were previously Section 33 and left their job, but apply to continue paying contributions by themselves within the specified period.
  • Section 40 Self-employed persons. Coverage varies according to the option they apply for.

A common misunderstanding is thinking that once you leave your job, your rights disappear immediately. In fact, you still have continued coverage for a period after your employment status ends, and you can still apply for Section 39 continuation if you file in time.

Rights That Exist but People Don't Use

In case of unemployment: both in the case of dismissal and in the case of resignation or contract termination, the rates and durations differ. You must register as unemployed with the employment office within the deadline and report as scheduled. This is the point where people lose their rights the most.

In case of childbirth: both maternity expenses and the allowance for time off work, which is separate from the wages the employer must pay during maternity leave.

Child allowance: paid monthly per child according to the age conditions and number of children specified. Many families never apply for it for many years.

In case of disability and death: including funeral expenses and allowances to entitled persons.

Old age: both lump-sum and pension, depending on the period of contributions. This is a right for which you should check your own accumulated balance periodically, rather than wait until reaching the age and then look.

Excess paid contributions: in the case of working at multiple places simultaneously, a refund can be claimed according to the criteria.

Employer-side duties: penalties for missing them

  • Register as an employer and register employees within the prescribed period from the date of hiring.
  • Notify changes — both newly hired employees and departing employees — within the prescribed period. Failing to notify a departure causes the contribution balance to keep running and turn into a debt that must be settled retroactively.
  • Withhold and remit contributions within the prescribed period of the following month. Deducting from wages but failing to remit is an offense carrying penalties, plus surcharges.
  • Keep documents available for inspection, because a retroactive audit relies primarily on documents, not explanations.

The most common mistake found in small businesses is failing to register daily-wage or temporary employees, on the understanding that they do not fall within the scope — which is usually not true, and when an inspection takes place, the entire amount must be paid retroactively in one lump sum.

Deadlines to Remember

Many benefits have a deadline for filing benefit claims counted from the date the right arises, and in the case of unemployment there is also a separate registration deadline. These rates, ceilings, and deadlines are updated periodically. You should always check the current figures and deadlines with the Social Security Office before filing.

If Your Application Is Rejected

A denial of benefit payment is not the final answer. There is an appeal procedure before the Appeal Committee within the prescribed time limit, and if that is still unsuccessful, there is also the option to bring the case to the Labor Court. What matters is keeping the rejection letter and checking the date on the document, because the appeal deadline runs from that date.

See more

📌 See more: Labour Cases

If your rights have been denied, or you are an employer facing retroactive contribution claims, consult a lawyer for free. Call 092-254-2045


This article provides general information and does not constitute legal advice for any specific case. Rates and deadlines may be updated. Please check with the Social Security Office.

Frequently asked questions

If I resign or am dismissed, will I get unemployment benefits? What do I need to do?+

Insured persons under Section 33 who have paid contributions in line with the conditions are entitled to unemployment benefit. The rate and duration differ between dismissal and resignation or contract expiration. The most commonly missed thing is the procedure: you must register as unemployed with the employment office within the prescribed period after leaving work, and must continue reporting on scheduled appointments. It is not just filing a claim with the Social Security Office. Many people lose the right because they wait until after the deadline, thinking they can file anytime.

After leaving a job, can I continue paying into social security?+

Yes, by applying as an insured person under Section 39. You must have previously been an insured person under Section 33 and have paid contributions for the prescribed period. You must submit the application within the time limit counted from the date your employment status ended. The benefits are not equal to Section 33 in all cases. Importantly, if you fail to pay contributions consecutively for the prescribed period, your status ends, and re-entering the system is not as easy as the first time.

The employer didn't register me, or deducted money but didn't remit it. What can the employee do?+

You can notify the local Social Security Office directly. The employer has a duty to register employees and remit contributions within the prescribed period. Deducting money from wages and not remitting it is an offense with penalties and statutory surcharges. In practice, the Social Security Office can conduct a retroactive audit and collect the amounts. Therefore, the employee does not need to be the one to chase the employer personally.

I work multiple jobs. Can I make duplicate social security contributions?+

If you are an employee of multiple employers at the same time, each employer has a duty to remit contributions based on the wages paid, which can result in overpayment. The insured person can file a claim for a refund of the excess contributions under the criteria. This is money many people never claim because they don't know they have the right.

Are social security rights and labor law rights the same?+

They are different and can be claimed through both channels. Social security is an insurance system paid from a fund based on contribution conditions. Severance pay and rights upon dismissal are the employer's direct obligation under the labor protection law. Receiving unemployment benefits from social security does not mean you lose the right to claim from the employer, and the employer paying you a lump sum does not cut off your right to the fund.

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