Bangkok: The Ministry of Labor has introduced new regulations that establish clear and standardized procedures for the seizure, attachment, and auctioning of employers' assets in cases of unpaid employee welfare fund contributions. This initiative serves as a significant mechanism to uphold employees' rights.
According to Thai News Agency, Ms. Lalida Periswiwatana, the Deputy Spokesperson for the Prime Minister's Office, announced that these regulations, known as the Ministry of Labour Regulation on Seizure, Attachment, and Auction of Assets under the Labour Protection Act B.E. 2541 (1998), B.E. 2569 (2026), have been implemented to refine and standardize the existing procedures. Published in the Royal Gazette on March 6, 2026, the new regulations will take effect 90 days post-publication.
The regulations are designed to facilitate the tracking and recovery of funds from employers obligated to contribute to the employee welfare fund but who have defaulted, underpaid, or are in arrears. They also address scenarios where the welfare fund has already dispensed assistance to employees and seeks reimbursement from the responsible parties.
The deputy spokesperson emphasized that the regulations clarify the enforcement process, including issuing warnings, inspecting assets, and ordering the seizure or attachment of assets. The subsequent auctioning of properties and the allocation of the proceeds to repay debts to the Employee Welfare Fund will be conducted in accordance with the Code of Civil Procedure and the Administrative Procedure Act.
Under the new regulations, labor inspectors can request information from relevant agencies, such as financial institutions and various government departments, to effectively track and enforce debt repayment. This includes verifying assets with the Land Department, the Department of Land Transport, the Department of Intellectual Property, and others.
The regulations specify the types of assets eligible for seizure or freezing, including movable and immovable property, claims, shares, securities, intellectual property rights, leasehold rights, and other valuable rights. They also outline procedures for assets located in different areas, assets with joint ownership, and cases where there are objections to the seizure or freezing.
Additionally, the regulation ensures fairness by allowing stakeholders or third parties to file objections if they claim rights to the property. If an investigation reveals that the property seizure or attachment is unjustified, an order may be issued to revoke the action.
Guidelines for the public auction of properties have been established to ensure transparency and accountability. These include the announcement of the sale, duration, location, deposit conditions, payment, and ownership transfer, protecting the interests of all parties involved.
Ms. Lalida stated, "This new regulation will help make the enforcement of labor protection laws, especially regarding the employee welfare fund, clearer, faster, and more effective. It is another important mechanism for protecting employees' rights and ensuring they receive fair legal assistance."