มาตรการทางกฎหมายในการจ้างแรงงานผู้สูงอายุในภาคเอกชน

Abstract

This research aims to study the problems and legal measures in hiring elderly workers in the private sector. Comparison of laws regarding the employment of elderly workers in the private sector of Thailand and abroad And bring the results of the study to analyze and seek appropriate legal measures to improve the law to be complete and beneficial to the nation Conduct research using qualitative research. Using a combination of document research. Interviews the sample group is interested in employing 4 elderly workers in the private sector, 23 people and Focus Group by 8 legal experts and seniors. Research indicates that Thailand has the Labor Protection Act BE 2541 as the master law for labor protection. And still have the Elderly Act 2003, which stipulates about the elderly Although the law has clear laws regarding labor protection But not yet clear to the elderly workers When compared to the laws of Japan at the age of 60. But has a tendency to extend the age limit to be more than 60 years old, but Germany France Korea United Kingdom United States And Australia Determine the age criteria for retirement at the age of 65. In Singapore at the age of 67. As for the research results, legal problems in determining the employment ratio of the elderly workers from the study found that, because at present, there has been no legal measures regarding the employment of elderly workers. Therefore, the ratio of the employment of elderly workers has not yet been determined. But for people with disabilities, there is a measure to determine the ratio of employment of disabled workers to employers and government agencies to accept people with disabilities to work according to the nature of work in the appropriate ratio. As for the guidelines to improve the law to be complete There should be an amendment to the old age benefit scheme for those who are 60 years of age and terminate being an employee with the right to receive old age benefits. Although the old age pension and old age pension are the only provisions for the age of those who have the right to receive old age benefits from the Social Security Fund. But if an employee who is 55 years old is still working, it is still considered as an insured person who has to send contributions to the social security fund but does not have benefits in the old age. With Section 118 paragraph two. In addition, the law development guidelines for hiring elderly workers in the private sector Can be done by modifying the protection of elderly workers, as well as the protection of women workers, children, general workers, so there should be protection of labor for the elderly By adding the elderly category To protect elderly workers.