Marasri Jairangsri, Chief of the Phuket branch of the Social Security Office (SSO), confirmed that Mr Chuchart’s brother, Kanongdet Palasuwan, arrived at the SSO yesterday (Nov 26) to pay the fine in person.
Mr Chuchart’s absence yesterday followed his release on B1 million bail posted with Phuket Provincial Court on Monday evening. (See story here.)
He was granted bail after he presented himself at Thalang Police Station earlier that morning, two days after a warrant for his arrest was issued on charges of negligence causing death and serious bodily harm. (See story here.)
Mr Chuchart was charged with breaching Section 96 of the Social Security Act B.E.2533 (1990), Mrs Marasri told The Phuket News.
Under Section 96 and Section 34 of the act, employers must inform the SSO of any new employees within 30 days. The penalty is up to six months’ imprisonment or a fine of up to B20,000, or both.
Mr Chuchart was charged for failing to register with the SSO four Thai workers who died in the collapse: Mr Jirachai Wonghajak, 35; Mr Thaweewat Daetphan, 29; Mrs Pornpimon Waewwong, 21, from Ubon Ratchathani; and Mr Krisana Kanbuth, 33, from Petchaburi.
Mr Chuchart was also charged for failing to register Thai national Jaturawit Muadsing, 34, who was injured in the incident.
Mr Chuchart was fined B20,000 for failing to register each worker, Mrs Marasri confirmed.
Also fined was Andaman Design Limited Partnership, which hired four Myanmar workers at the site, Mrs Marasri added.
Andaman Design hired Mrs Kay Thi Khaing, 28, and Mr Nay Myo Win, 29. Both were killed in the building collapse, but both were already registered with the SSO, she explained.
However, Andaman Design also hired Mr Sa Aung Aung, 30, who was killed in the collapse, and Mrs Myo Myo Yi, 26, who was injured. Both had not been registered with the SSO, Mrs Marasri confirmed.
Andaman Design was fined B40,000 for each of the Myanmar workers not registered.
Mrs Marasri declined to reveal any details of Andaman Design, including who the main partners are, who paid the fine and whether the firm hired any other Myanmar workers at the site who may or may not have been registered.
However, she did explain that Mr Chuchart was fined only B20,000 per unregistered worker – not B40,000 as levied against Andaman Design – because he had hired the workers personally, not through any form of registered business.
Andaman Design also settled their account with the SSO yesterday, Mrs Marasri confirmed.
Further enforcing the legal requirement of having workers registered with the SSO has come only by way of request.
Mrs Marasri explained, “Todsaphon Kritwongwiman, Secretary-General of the Social Security Office in Bangkok, told me to tell Wirachai Setsom, President of Phuket Construction Contractors Association, to tell his members that Phuket employers must register their workers with the Social Security Office…
“Specifically Myanmar employees who work in Phuket, they must be registered. If they [the employers] do not, they will be charged by law.” she said.
However, Mrs Marasri did not clarify whether any employers – notably construction contractors – would be fined if they presented themselves immediately for not registering their Myanmar workers.
Mrs Marasri said she was unable to confirm how many other migrant labourers from Myanmar or other countries were not registered with the SSO.
However, Phuket Provincial Employment Office Chief Kattiya Pandech only in August told a labour rights conference that Phuket is currently home to 70,986 migrant workers, comprising 68,812 Myanmar nationals, 1,133 Laotians, 970 Cambodians and 71 Vietnamese. (See story here.)
The conference, held at the Merlin Phuket Hotel on Aug 20, was called to remind employers that they had until Nov 11 to submit the applications to allow their registered migrant workers to continue staying in the country and work legally.
The Nov 16 deadline was laid down by Cabinet resolution on Jan 16, with the same resolution ordering that migrant worker registration assistance centres be set up throughout the country, including in Phuket, to facilitate the registration of migrant workers specifically from Cambodian, Laos and Myanmar, Mr Kattiya explained.