Employer's Right to Appeal in Cases of Seizure, Attachment and Auction of Property under to the Social Security Act B.E. 2533

Abstract

This research consists purposes were 1. to examine the concepts and theories of social security law and administrative enforcement measures 2. to compare administrative enforcement measures under social security laws in Thailand and other countries 3. to analyze the legal issues concerning the right of employers to appeal in cases of seizure, attachment and auction of assets under the Social Security Act B.E. 2533 (1990) and 4. to propose solutions to the problems in applying administrative enforcement measures under the Social Security Act B.E. 2533 (1990). This study is a qualitative research employing documentary research methods through the examination of legal provisions, legal commentaries, Supreme Court decisions, academic articles, theses, research papers and online sources. The data obtained from these sources are analyzed and interpreted. Subsequently, the collected information from the relevant documents is subjected to content analysis. The findings reveal that 1) the appeal process functions as an essential internal administrative control to resolve disputes between state agencies and the public, serving as a key mechanism in administrative justice 2) the principles governing administrative enforcement in Thailand, Germany, and France are consistent, focusing on legality, necessity, proportionality and legal certainty. Prior to enforcement, a warning must be issued to allow the obligated party to comply voluntarily 3) a significant problem under the current Thai law is that once the Secretary-General of the Social Security Office orders the seizure or attachment of an employer's assets, the employer is not entitled to appeal the order. This results in a violation of legal rights, a lack of administrative oversight, and legal complications when the employer is deceased, as heirs or estate administrators are also not granted the right to appeal and 4) it is proposed that the Social Security Act B.E. 2533 (1990) be amended to allow employers, insured persons or other relevant individuals dissatisfied with an order by the Secretary General or officials under the Act to appeal in writing to the Appeals Committee. In cases where the employer is deceased, Section 50 should apply mutatis mutandis to heirs or estate administrators, and the appeal period should begin from the date the heir receives notice of the order These amendments would ensure legal clarity and the protection of rights for employers and their successors under administrative enforcement.