Legal Measures for Promoting Elderly Laborers: A Case Study of the Elderly Persons in Mueang Loei District, Loei Province

Abstract

This research article aims to (1) study the concepts and theories related to the promotion of older workers under Thai law and foreign laws; (2) examine legal issues and the enforcement of laws concerning the promotion of older workers; and (3) propose appropriate guidelines for improving and amending laws to the promotion of older workers.

  The research findings indicated that the current situation of the elderly population in Thailand was rapidly increasing due to demographic shifts toward an aging society. The Constitution of the Kingdom of Thailand, B.E. 2560, contains provisions on the protection of the rights of older persons and older workers under Sections 27(3) and (4), 48(2), 71, and 74 which provide safeguards against age-based discrimination and protect the quality of life for the elder persons. However, when considering the relevant secondary laws concerning older workers, the key legislation is the Older Persons Act B.E. 2546, which still lacks measures to promote the employment of older workers, such as financial subsidies or tax incentives, with clear legal frameworks to ensure concrete stability in hiring older workers. Additionally, the Labor Protection Act B.E. 2541 does not contain any specific legal provisions categorizing older workers. There are no legal definitions or established criteria for hiring older workers; only general regulations on employment definitions and principles apply.

Therefore, it is needed to amend and supplement the provisions on the protection of older workers in the Labor Protection Act B.E. 2541 by revising the Older Persons Act B.E. 2546 by establishing specific measures for safeguarding the rights of older persons to enhance appropriateness, which will benefit communities, localities, and the nation as a whole.