Work Permit, SSO and directors

[Na Fan]

Hi all

 

Having been told by the social security office that if you have the position of "director" in a company, you can not sign up for the social security fund and get coverage. This is total nonsense to me, but apparently it's the law.

 

Yet my "position" as director is merely a formal case - I spend 99% of my time doing normal work, just like every other employee does. I never act as a director. The company isn't large enough to even provide room for such a position.

 

How do I have to set this up so that I can get coverage from SSO?

 

Can I work two jobs and register one of them?

 

It is also my understanding that certain tasks (attending meetings as a member of the board of directors for example) do not even require a work permit. Is there anything preventing me from removing "director" from my work permit and thus be eligible for SSO? All the official corporate documentation still lists me as the "owner" - 

 

 

 

[THAIJAMES]

I am director of my company and have been paying into social security for more than 15 years.

I didn't do anything special.

 

I have also used medical coverage a few years ago to test system without a problem.

 

I was also told that I am eligible to receive retirement income or lump sum.  (4500 baht per month)

 

Has there been a change in the law that only applies to new applicants?

[Na Fan]

I have heard the exact same thing from a friend of mine as well.

 

But my accountant insists that the local SSO office will not accept it. Even for herself she can't register herself even if she wanted to. 

 

I would love to hear an official clarification on this myself as well. It appears to be a case of "up to the officer in power".

[yankee99]

Not only if you are a director you cant get SS medical if you are legally married to a director you also cant get SS medical. 

[tenhoursaway]

I can confirm this, I am director (but not owner/shareholder) and was refused by SSO in Bangkok. My accountant tried to get me in multiple times without success. I went there personally to also no success. 

 

However, i can't confirm that for a employed spouse, my wife was registered without issues. 

[thedemon]

This post from 2007 has a good explanation:

 

 

[thedemon]

13 hours ago, THAIJAMES said:

I am director of my company and have been paying into social security for more than 15 years.

I didn't do anything special.

 

I have also used medical coverage a few years ago to test system without a problem.

 

I was also told that I am eligible to receive retirement income or lump sum.  (4500 baht per month)

 

Has there been a change in the law that only applies to new applicants?

 

I think I am in the same boat as you. I have been paying into the scheme since it's inception (20 odd years ago?) and am (& have always been) both a shareholder and director.

 

According to my vague recollection, when the scheme was first introduced, anyone that received a salary had to join regardless of being a director/shareholder but sometime later the SS office changed their tune, probably because of that Supreme court decision mentioned above. Now it seems that their position is that a director/shareholder cannot pay into the fund and cannot receive benefits either.

 

I also vaguely recall reading (probably on this forum) of a guy that had been paying in for years but was subsequently discovered by SS. I think he was paid out a lump sum then and there. I doubt that includes any interest so not a very fair deal for a director that was forced to join in the first place and then kicked out.

 

Personally I have never taken it very seriously. In the past I never imagined I would ever use the medical benefits and the pension wouldn't buy more than a few beers but on the other hand it doesn't cost much either so perhaps having a backup medical coverage might be beneficial later in life when private insurance is hard to get or prohibitively expensive.

 

I am inclined to just not do anything, let the company keep paying until SS find out, or not, as the case may be.

[Prince77]

Due to this post I checked with my accountant and was told, that there was a Change in the year 2009 - since then a director  / shareholder is not applicable to SS benefits. However, when the Person has paid in - and was registered before that Change this person still have the benefits like Hospital visits and retirement money.

 

As I paid - in long time before that change, I still have my social security card and was told that after resignation from company I could claim the retirement money.

 

Not sure as aleays if that is correct - I am a director and shareholder.

 

 

[THAIJAMES]

On 8/2/2018 at 12:10 PM, Prince77 said:

Due to this post I checked with my accountant and was told, that there was a Change in the year 2009 - since then a director  / shareholder is not applicable to SS benefits. However, when the Person has paid in - and was registered before that Change this person still have the benefits like Hospital visits and retirement money.

 

As I paid - in long time before that change, I still have my social security card and was told that after resignation from company I could claim the retirement money.

 

Not sure as aleays if that is correct - I am a director and shareholder.

 

 

Thank you for checking up.  That brings some piece of mind for those of us that were registered before 2009.

[tgw]

On 8/2/2018 at 12:10 PM, Prince77 said:

Due to this post I checked with my accountant and was told, that there was a Change in the year 2009 - since then a director  / shareholder is not applicable to SS benefits. However, when the Person has paid in - and was registered before that Change this person still have the benefits like Hospital visits and retirement money.

 

As I paid - in long time before that change, I still have my social security card and was told that after resignation from company I could claim the retirement money.

 

Not sure as aleays if that is correct - I am a director and shareholder.

 

I'm having the same problem right now.

 

What change was made in 2009?

I was unable to find any amendments or ministerial directives dated 2009 or 2008.

 

Going by the Law, directors should be able to register for SSO. I couldn't find any Law preventing that.