Search
Close this search box.

Unanimous decision: 3 sections of the law to promote and develop the quality of life of disabled people do not violate the Constitution.

Constitutional Court,, Unanimous decision of the Constitutional Court, ruled that 3 sections of the law promoting the development of the quality of life of the disabled do not violate the Constitution. The Constitutional Court unanimously ruled that the 2007 Act on the Promotion and Development of the Quality of Life of Persons with Disabilities, Section 33 and Section 34, paragraph one, do not conflict with or contradict the Constitution, Section 26 and Section 34, paragraph one, and that Section 35 does not conflict with or contradict the Constitution, Section 40. The case arose from the Central Labor Court sending two objections from the defendant to the Constitutional Court to consider and rule according to Section 212 of the Constitution whether the three sections of the law are in conflict with the Constitution or not. For the 3 sections of the Act on the Promotion and Development of the Quality of Life of Persons with Disabilities B.E. 2550, it is stipulated that the employment of persons with disa bilities, Section 33, for the benefit of promoting and developing the quality of life of persons with disabilities, requires employers or business owners and government agencies to employ persons with disabilities according to the nature of the work in a ratio appropriate to the number of workers in the business or government agency. In this regard, the Minister of Labor shall issue a ministerial regulation specifying the number of persons that employers or business owners and government agencies must employ persons with disabilities, and the remittance of money to the fund in cases where employers or business owners do not employ persons with disabilities. Section 34, paragraph one, stipulates that employers or owners of establishments that do not employ disabled persons in the number specified in Section 33 must remit money into the fund in accordance with Section 25 (5). The Minister of Labor shall issue a ministerial regulation specifying the amount of money that employers or owners of establishments mus t remit into the fund. Occupation Promotion Section 35 In the event that a government agency does not wish to employ a disabled person under Section 33, or an employer or owner of an establishment does not employ a disabled person under Section 33 and does not wish to send money to the fund under Section 34, that government agency, employer or owner of that establishment may grant a concession to arrange a place to sell goods or services, subcontract work or hire services by special methods, provide training, or provide equipment or facilities, sign language interpreters, or provide other assistance to a disabled person or their caregiver, in accordance with the criteria, methods and conditions set by the committee in the regulations. Section 26 of the Constitution is a provision regarding the enactment of laws that have the effect of limiting freedoms and liberties, and Section 40 provides that individuals have the freedom to engage in their occupations. Source: Thai News Agency