With the current situation in Samut Sakhon Province, which has large numbers of new infections among migrant workers, it is expected that the 6 provinces around Samut Prakarn Province including Bangkok, Samut Prakan, Nonthaburi, Nakhon Pathom, Ratchaburi, and Samut Songkhram will be affected. This situation is a threat to public order and safety, public health security and Thailand’s economic and social system affecting the employers to temporarily pause their businesses and the insured employees who contributes the funds to the social security system will be unemployed and unpaid.  

The Ministry of Labour then has proposed a Draft Ministerial Regulation on Unemployment Benefits in the Event of Force Majeure arising from the Outbreak of Dangerous Diseases under the Communicable Disease Act B.E. …. (the “Draft Ministerial Regulation”) to the Cabinet in order to alleviate suffering of insured employees affected by the outbreak of COVID-19 and it was approved by the Cabinet on 22 December 2020.

Summaries of the Draft Ministerial Regulation are as follows:

1. The Draft Ministerial Regulation was effective retrospectively from 19 December 2020 onwards.
2. A definition of “Force majeure” will include “A danger arising from the outbreak of dangerous communicable disease under the Communicable Disease Act, which creates effect to the public and to the extent that the insured employees are unable to work or the employers are unable to operate their businesses normally.
3. In case that force majeure event occurs and the government and authorities order to lock down the area in order to prevent spreading out of outbreak of dangerous communicable disease under the Communicable Disease Act in which it creates non-payment of wage to the insured employees, such insured employees will be entitled to receive the benefit at the rate of 50% of their dairy wage rate. Such benefit will be payable during the whole period of time that government and authorities order to lock down, but within one calendar year, will not be more than 90 days for each occurrence of force majeure event.