Rule of Department of
Employment
(B.E. 2540)
Governing registration
punishment and the proceeding of offender under Act of
Employment and Work Searcher Protection B.E. 2528 and Working of
Aliens Act B.E. 2521
For efficiency of the exercise of
registration punishment and the proceeding of Province
Employment Office, Local Employment Office, Work Searcher
Checking and Protection Division and Legislate Division
according to Act of Employment and Work Searcher Protection B.E.
2528 and according to Working of Aliens Act B.E. 2521, by virtue
of Section 32 of Act of Administration Rule of Service of the
King B.E. 2534, hereby Director General of Department of
Employment issued the rules as follow.
Clause 1. This Rule is called
“Rule of Department of Employment governing registration
punishment and the proceeding of offender under Act of
Employment and Work Searcher Protection B.E. 2528 and Working of
Aliens Act B.E. 2521, B.E. 2540”.
Clause 2. This Rule shall come into
force from now.
Clause 3. The Announcement of
the Department of Employment no. 271/2540, dated 24th
April B.E. 2540, subject of the way of checking, complaint
reception, registration punishment and the proceeding shall be
repealed.
Clause 4. The Work Searcher
Checking and Protection Division shall be vested with the power
and duty to check, complaint, proceed the case according to Act
of Employment and Work Searcher Protection B.E. 2528 and Working
of Aliens Act B.E. 2521 in the Kingdom, especially the case
which needs to be proceeded immediately at the time found the
commission of an offence, otherwise it may cause damage to the
government or the case. The division shall coordinate with the
Local Employment Office or Province Employment Office as the
case maybe then report to the Director General.
Clause 5. If it is found or
there is complaint that the employment service who grant the
permission from the Employment Department violates or does not
comply with Act of Employment and Work Searcher Protection B.E.
2528, the Local Employment Office or Province Employment Office,
which such service has located, shall check and make a synopsis
together with all evidence and suggestion report to the Director
General by send through Commissioner of complaint inference sift
for consideration within 30 days after the date receive such
complaint or the date find the case. If it is necessary to
extend such period, the approval request shall be submitted to
the Director General with the cause and reason, the extension
shall be extent only two times and not exceeding to fifteen days
each, the report shall be sent to the Director General as soon
as it finish.
Clause 6. If it is found or
there is complaint that there is an employment service without
permission or there is a deceit to have a job at abroad, under
Section 8, 30 or 91 tri of Act of Employment and Work Searcher
Protection B.E. 2528, the Local Employment Office or Province
Employment Office, which such service has located, shall check
and make a synopsis together with all evidence and give a
complaint to inquiry official then report to the Director
General within fifteen days after the date receive such
complaint or the date find the case. If it is necessary to
extend such period, the approval request shall be submitted to
the Director General with the cause and reason, the extension
shall be extent not exceeding to fifteen days.
Clause 7. In case the
complainant request to the employment service who grant the
permission from the Employment Department or the offender under
Clause 6 to refund the service fee or expense, the concerned
organization shall reconcile by reason and legal and then report
the result and suggestion to the Director General that it should
be some security or registration punishment or proceed with the
case within the period under clause 5 or clause 6. Moreover, the
refund of service fee or expense shall not be the reason to
terminate the case proceeding, but minimize the punishment.
Clause 8. If it is found or
there is complaint that the employer or alien violates or does
not comply with the Working of Aliens Act B.E. 2521, the Local
Employment Office or Province Employment Office, which such
service has located, shall check and make a synopsis together
with all evidence and suggestion report to the Director General
or governor of a province as the case may be for consideration
of case proceeding then report to the Director General within
fifteen days after the date receive such complaint or the date
find the case.
Clause 9. In case the Local
Employment Office or Province Employment Office receive the
complaint that there is an offend under Act of Employment and
Work Searcher Protection B.E. 2528 or Working of Aliens Act B.E.
2521 outside the territorial authority of the office, shall note
all matter of fact from the complainant and gather all concerned
evidence and send to the concerned organization within three
office day from the date receive such complaint.
In case the Work Searcher Checking and
Protection Division receive the complaint, shall process by the
first paragraph except such complaint is the emergency or cause
serious damage to the work searcher or concern with the
influence person in the local, the Work Searcher Checking and
Protection Division shall send the approval request to the
Director General to setup the Division to be the authorized
organization.
Clause 10. The Sub-Division of
Case, Legislate Division reports the statistic of criminal case
and civil case complaints, progress of cases and result of cases
to the Director General every month. In case there is some
Court’s sentences are deemed interesting and useful for the
function exercise under Work Searcher Protection B.E. 2528 and
Working of Aliens Act B.E. 2521, the Sub-Division of Case shall
make a synopsis and report to the Director General to consider
to issue the letter to all concerned department.
Clause 11. This rule shall be
enforced instead of other rules or order that contrary with this
rule.
Clause 12. The Director
General of Department of Employment shall have charge and
control of the execution of this rule, in case there is the
argument concerning to this rule, the Director General shall be
arbiter.
Announced on the 26th Day of
September B.E. 2540
Ms. Nitat Teerawit
Director General of Department of
Employment
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