PRESS RELEASE: The Human Rights and Development Foundation (HRDF) Opposes the Appeal Request by the Social Security Office and the Workmen Compensation Fund Committee Case of Non-payment of Compensation from the Workmen Compensation Fund to the Descendants of a Deceased Migrant Worker Due to Work-Related Causes

On December 20, 2024, an attorney from the Human Rights and Development Foundation (HRDF), acting as the authorized representative of the descendants of the migrant worker who are the plaintiffs, filed a petition opposing the appeal requested by the defendants. The defendants include the Social Security Office, the Workmen Compensation Fund Committee, and the Social Security Office of Chiang Mai Province. This action follows a case where the Regional Specialized Cases Court of Appeals, Region 5, confirmed the Labor Court’s ruling that the descendants of a migrant worker who died due to work are entitled to immediate compensation from the Workmen Compensation Fund, despite the employer’s intentional failure to register the worker and contribute to the fund[1].

The opposition petition highlights the following points:

1. The appeal requests by all three defendants contest the factual findings of the Regional Specialized Cases Court of Appeals, which do not constitute significant legal issues warranting adjudication by the Supreme Court according to the Civil Procedure Code, Section 249.
2. The Workmen Compensation Act B.E.2537 outlines the employer’s duty to register and make contributions to the Workmen Compensation Fund. An employer’s failure to comply results in legal penalties. Furthermore, migrant workers cannot register themselves; this process must be undertaken jointly with the employer. Additionally, the Foreign Employment Management Law aims to streamline the hiring process, enhance cooperation among related sectors in managing foreign employment comprehensively, and develop the country’s economic system. It is not designed to restrict employees’ rights. Therefore, the inability of an employee to comply with both laws through no fault of their own means that the defendants’ appeal requests do not relate to legal issues concerning public benefits or public order that the Supreme Court should address.
3. The defendants’ appeal argues that this case involves a ruling or order by the Regional Specialized Cases Court of Appeals on a significant legal issue previously unguided by Supreme Court verdicts or orders, which is incorrect. Existing guiding verdicts, such as the Supreme Administrative Court’s decision No. Aor. 821/2558 and the Supreme Court’s decision No. 15582/2558, already confirm the rights of employees who suffer injuries at work to receive compensation from the Workmen Compensation Fund managed by the Social Security Office, which is defendant No. 1 in this case.

The Human Rights and Development Foundation contends that the nearly five-year battle of the worker’s descendants in this case underscores the necessity for the Social Security Office to comply with the benchmarks set by the Supreme Administrative Court’s decision No. 821/2558 and the Supreme Court’s decision No. 15582/2558. There is a need to eliminate practices that discriminate against and hinder migrant workers from accessing their rightful remedies. Currently, there are not only failures to comply with decisions of the Supreme Administrative and Supreme Courts, but also actions that contravene the principles set forth in the Constitution of the Kingdom of Thailand B.E.2560, outlined in Section 27, and the International Convention on the Elimination of All Forms of Racial Discrimination, of which Thailand is a signatory.

For more information, contact the Human Rights and Development Foundation at info@hrdfoundation.org.

[1] Presss Release: Court of Appeal for Specialized Cases Region 5 Upholding Verdict to Allow Descendants of Migrant Worker Who Died from Work-related Injury to Have Immediate Access to Workmen Compensation Fund even though Employer Deliverately Failed to Register the Worker and Pay Contribution to WCF,  https://hrdfoundation.org/?p=4364