Development of Law on Elderly Workers Protection to Reduce Inequality
Article Sidebar
Main Article Content
Abstract
This qualitative research aims: (1) To examine the factual conditions, issues, and Thai legal frameworks concerning the employment of elderly workers; and (2) to analyze international and foreign legal frameworks to propose recommendations for improving Thailand’s laws on elderly labor employment via documentary research. Upon examining the issues, factual circumstances, and legal frameworks of Japan, South Korea, Singapore, the United States, and Thailand, it was found that all aging societies face challenges of age discrimination in job opportunities for elderly individuals seeking to secure their livelihoods.
The international and foreign laws examined in this research emphasize the principle of non-discrimination on the basis of age, define varying mandatory retirement ages, and include measures to promote employment opportunities. However, Thailand’s legal framework does not fully align with its international commitments and differs from the laws of the studied countries. Nevertheless, Thailand does possess measures and approaches to promote elderly employment similar to those of other nations.
Therefore, to enhance legal protection of elderly workers in Thailand, it is essential to revise and amend existing laws by extending the retirement age and explicitly defining "elderly workers" concurrently. Furthermore, the principle of non-discrimination on the basis of age must be clearly established. Additional, practical measures should be implemented to guide employers in accommodating the specific capacities of elderly workers to support the structure of an aging society.
Article Details
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
Published Manuscripts are the copyright of the Journal of the Justice System. However; the opinions that appeared in the content are the sole responsibility of the author.
References
Act on Prohibition of Age Discrimination in Employment and Elderly Employment Promotion. (2017). Retrieved 2025, July 5 from
https://elaw.klri.re.kr/eng_service/lawView.do?hseq=37583&lang=ENG
Announcement of the Ministry of Labor on requesting cooperation to promote and support the elderly to have jobs on March 8,
Retrieved 2025, July 5 from https://www.mol.go.th/wp-content/uploads/sites/2/2019/07/prakad_elderly-
compensation_for3march2019.pdf
Atthaphon Buapim. (2009). Protection of the elderly labor. [Unpublished master of Laws thesis] Thammasat University.
Chula Chongstathitthaworn. (2017). Elderly labor employment law [Electronic Data]. Assumption University Law Journal, 8(1), 51-68.
Current Aging Society and Economy in Thailand. (2021). Department of Older Persons, Ministry of Social Development and Human
Security. Retrieved 2025, July 5 from ttps://www.dop.go.th/th/know/15/926
Current Aging Society Situation 2018. (2019). Department of Older Persons, Ministry of Social Development and Human Security.
Retrieved 2025, July 5 from https://www.dop.go.th/th/know/2/127
Dana Wilkie. (2019). In the decade since the Supreme Court made it harder to prove discrimination. EEOC pursues fewer
percentages of claims. Retrieved 2025, July 5 from https://www.shrm.org/resourcesandtools/hr-topics/employee-
relations/pages/age-discrimination-in-the-workplace-.aspx
Kaewkwan Tangtiphongkun & Supachai Srisuchat. (2016). Research project: Lessons learned from establishments that employ
elderly workers. Bangkok: Thai Gerontology Research and Development Institute Foundation.
Kimberly Palmer, AARP. (2017) 10 Things You Should Know About Age Discrimination. Retrieved 2025, July 5 from
https://www.aarp.org/work/on-the-job/info-2017/age-discrimination-facts.html
Kittisuda Kittisakkul & Kiattiporn Amphai. (2019). Legal measures on the employment of the elderly in semi-skilled and unskilled l
abor [Electronic data]. Ratchapak Journal, 13(30), 174-187.
Liew M. (2019) Seniors at work: The new norm for ageing in Singapore. Retrieved 2020, April 15 from
https://www.aseantoday.com/2019/02/seniors-at-work-the-new-norm-for-ageing-in-singapore/
Manit Sarayuttikorn. (2008). Legal measures to promote the employment of elderly workers in Thailand. [Unpublished master of
Laws thesis] Chulalongkorn University.
Ministry of Manpower. (2025). Employment practices. Responsible re-employment. https://www.mom.gov.sg/employment-
practices/re-employment#eligibility
Nongnuch Sunthonchawakan. (2013). Guidelines for improving laws to expand employment opportunities for the elderly
[electronic data]. Journal of Executives, 33(3), 39-46.
Older Workers Recommendation, 1980 (No.162)
Pailin Jindamaniporn. (2017-2018). Guidelines for hiring elderly workers in business establishments. Research report of students of
the National Defense College, National Defense Course, Class 60.
Providing employers with continued support to hire older Singaporean workers. (2020). Retrieved 2020, April 15 from
https://www.sec.gov.sg/Pages/Home.aspx
Puchong Senanuch & Tanachai Suntonanantachai. (2017). Research report: Social Welfare Development for the Elderly Informal
Workers in order to Reducing Social Disparity. Bangkok: Thailand Research Fund (TRF), Local Research Division.
Sarawut Paitoonthap. (2017). Japan's elderly employment system. [Web Blog]. Retrieved 2025, July 5 from
https://tdri.or.th/2017/01/2017-01-20/
Senator Susan M. Collins (R-ME), Chairman. & Senator Robert P. Casey, Jr. (D-PA). (2017). Ranking Member. America’s Aging
Workforce: Opportunities and Challenges, Special Committee on Aging United States Senate.
Supachai Srisuchat. (2016). Research project: Conceptual framework for employment of the elderly. Bangkok: Thai Gerontology
Research and Development Institute Foundation.
Worapot Charoensri. (2002). Legal measures to protect the rights of the elderly according to the Constitution of the Kingdom of
Thailand 1997. [Unpublished master of Laws thesis] Ramkhamhaeng University.
