A REVIEW OF THE MEASURES FOR THE PROMOTION OF THE WELFAR OF, AND THE PROTECTION OF, THE ELDERLY : A CASE STUDY OF THE CMPLOYMENT OF THE ELDERLY PEOPLE

Abstract

The objective of this research is to study: 1) the development of the concept, theory, and legal measures related to the promotion of welfare and the protection of the elderly of their labor employment; 2. the sociological aspect of the legal problems and the question of fact in relation to the promotion of welfare and protection of labor employment of the elderly; and 3. the means and recommendations for the improvement of the law of labor employment of the elderly in order to promote and provide safeguards and encourage development for the labor employment. As a result of the study, it was found that there were still no specific legal measures for the promotion, provision of protection and safeguard for the labor employment of the elderly, be it the Labor Protection Act B. E. 2540 or the Elderly Persons Act B. E. 2546 which are the laws providing protection of labor employment and the law providing protection and safeguard for the elderly. At the same time, they are inconsistent with state policy. Article 74 of the Constitution provides that the state should promote abilities of the people to engage in work which is appropriate to their potentials and ages, and ensure that they have work to engage in. The state should protect labor to ensure safety and vocational hygiene and receive income, welfare, social security and other benefit which are suitable for their living and should provide for or promote savings for living after their working age. In this connection, there is a statement of state policy presented to the National Assembly on September 12, B. E. 2557. Under Clause 3.4 of the state policy, it is said that the state shall be prepared to enter into the old age society, to promote the quality of life and the availability of work or other appropriate activities which are creative and do not cause any troublesome effects on the society in the future. As a result of the study, it was found that the state should enact specific legislation providing protection to the elderly workers by making amendments to the existing law, such as the Labor Protection Act B.E. 2541 by adding specific provisions for the protection of elderly workers in addition to legislation providing protection of female workers and child workers. Alternatively, Article 11 of the Act on the Elderly B.E. 2546, dealing with the right of the elderly to the protection, promotion and support of the elderly should be amended by providing the protection of working in the same manner as giving protection to the disabled or similar to the protection given to the disabled under Article 34 and 35 of the Promotion and Development of Quality of Life of Persons with Disabilities Act B.E. 2550, in order provide welfare and protection, safeguarding of the elderly in their employment.