GUIDELINES FOR ENFORCEMENT OF ELDERLY EMPLOYMENT LAWS IN THAILAND: CASE STUDIES: ELDERLY EMPLOYMENT LAWS OF JAPANAND THE REPUBLIC OF KOREA

Abstract

Introduction: Thailand is moving toward an aging society and will soon enter a super-aged stage with a significantly increasing elderly population. Similar to Japan and the Republic of Korea (South Korea), both countries have legislation specifically addressing elderly employment, Thailand still lacks a specific law protecting the employment of elderly people. Objective: 1) To study the principles, concepts, and theories of elderly employment 2) To study foreign laws concerning elderly employment; and 3) To explore approaches for enacting elderly employment legislation in Thailand. Methods: This is qualitative research that examines Thai labor laws related to older workers and the elderly labor protection laws of Japan and the Republic of Korea (South Korea). The study compares Japan’s and South Korea’s legal frameworks with Thai laws relating to the elderly. Results: The elderly employment laws of Japan and South Korea stipulate that the private sector must set a minimum retirement age of 60 years and support continuous employment up to the age of 70. These laws also include penalties for age discrimination in employment. Furthermore, the private sector is required to support the hiring of older workers. Importantly, both countries’ laws clearly establish organizations related to elderly employment in order to support and promote the hiring of older persons. In contrast, Thailand does not yet have a specific elderly employment law. The Ministry of Labor has only issued announcements in the form of requests for cooperation from the private sector. As a result, there is no clear system of support or promotion, despite constitutional provisions. The Elderly Act B.E. 2546 (2003) only guarantees support in terms of medical care, education, and occupations, but does not specifically address employment. Thus, Thailand’s laws do not cover elderly employment as comprehensively as those of Japan and South Korea. Conclusion: Thailand should establish a specific legal framework for elderly employment, adopting comprehensive approaches and structures similar to those in Japan and South Korea, in order to further promote the employment of older persons in the country.