Retirement of Employees of The Private Higher Education Institutions

Abstract

This article had the objectives 1) to study the legal problems concerning retirement of employees in private higher education institutions and 2) to study the ways to solve the legal problems concerning retirement of employees in private higher education institutions. It was qualitative research by collecting data from books, articles, theses, research reports, and related documents. The research results were as follows: 1) The main problem regarding retirement of employees in higher education institutions was that some private higher education institutions did not specify retirement age in their contracts or regulations regarding employment. As a result, employees in private higher education institutions must work until they are physically unable to work and must resign, which results in them not being entitled to compensation. 2) The solution to the problem of retirement of employees in private higher education institutions should amend the Ministerial Regulation on the Protection of Employment and Benefits of Employees in Private Higher Education Institutions B.E. 2549 by specifying that the retirement as agreed upon by the institution and the employee or as determined by the institution shall be considered as a case where the institution terminates the employment contract and the institution is required to pay compensation no less than the compensation rate that the employee is entitled to by law. In the case where the institution has not agreed or specified the retirement age of the employee or has agreed or specified the retirement age of the employee to be over 60 years old, the employee who is 60 years old or older shall have the right to express their intention to retire to request compensation from the institution. The knowledge gained from studying the retirement problem of employees in private higher education institutions is due to the absence of a retirement age, which means employees do not receive compensation when they have to resign or when they are physically unprepared to continue working. The solution is to improve the ministerial regulations to support the right to retirement and compensation according to the law fairly. People aged 60 and over should have the right to express their intention to retire and receive compensation, even without prior agreement.