My company only has daily-wage staff — do I still need to register them for social security?

Many people mistakenly believe daily-wage employees don't need social security. In reality it depends on whether the work is regular or occasional — here's how to tell the difference, with examples.

Many new businesses, or businesses with flexible staffing needs, often hire employees on a daily-wage basis rather than a monthly salary, reasoning that they pay only for the days actually worked and aren't tied down the way they would be with permanent staff. This leads many owners to assume they don't need to register these employees for social security. Under the law, however, how you pay wages is not what determines whether social security registration is required.

Do you need to register them?

The answer is yes, in most cases, regardless of whether the employee is paid daily, monthly, or hourly. Under Section 33 of the Social Security Act B.E. 2533 (1990), any employee aged 15 to 60 who works for an employer with at least one employee must be enrolled as an insured person under the law. The law does not exempt any particular category of employee, as long as a genuine, ongoing employer-employee relationship exists.

The exception that often causes confusion is the case of "casual daily-wage employees of government agencies," who are exempted from Section 33 social security. This exemption, however, applies only to central, regional, and local government agencies — it does not extend to private companies at all.

What's the difference between regular daily work and occasional daily work?

The point that confuses many people is that "daily wage" doesn't automatically mean exemption. The law looks at the nature of the work, not the method of payment, and distinguishes two situations:

1. Regular daily-wage employees (must be registered)

This refers to employees who come to work continuously and regularly, even if not every day or with a varying number of days each month, but whose work has the character of long-term employment under the employer's direction and control — for example, a server who works scheduled shifts every week, or a sales assistant who regularly staffs the storefront. This is considered a full "employee" relationship under the law, and the employer must register them as an insured person under Section 33, exactly as with monthly-paid staff.

2. Non-regular / occasional daily-wage employees (exempted)

This refers to work that is occasional, casual, or seasonal in nature only — for example, hiring someone to help at a one-day event, hiring seasonal harvest labor, or hiring a technician for a one-off repair. In these cases, the law exempts the employer from having to register for social security, because the work does not have the continuity of ordinary employment.

Key point: An employer cannot use the label "daily-wage hire" as an excuse to avoid registration. If, in reality, the employee comes to work regularly and continuously over an extended period, registration is still required even if paid daily — the law looks at the actual pattern of employment, not the label used or the payment method.

What must the employer do (if registration is required)?

1. Register as an employer within 30 days of having one or more employees, by filing form SPS 1-01 (สปส.1-01).
2. Register the employee as an insured person using form SPS 1-03 (สปส.1-03) within 30 days of the employee's start date, providing details such as full name, ID number, position, and wages.
3. Remit contributions every month, covering both the amount withheld from the employee and the amount contributed by the employer, by the 15th of the following month.

How are contributions calculated for daily-wage employees?

Because a daily-wage employee's income varies from month to month depending on the number of days actually worked, the employer must calculate contributions based on the "wages actually paid in that month." The employee contributes 5% of wages, capped at 750 baht per month, and the employer contributes the same 5% rate. This is not calculated by multiplying a fixed daily rate by 30 days, but from the actual wage amount paid during that month.

What happens if you don't register them?

• The employer is in breach of the law, because failing to register an employee as an insured person is a violation of the Social Security Act.
• Surcharges apply for late payment If contributions are remitted after the 15th of the following month, the employer must pay a surcharge of 2% per month on the outstanding contribution.
• The employee loses protection and benefits, such as coverage for illness, maternity, disability, or unemployment, which can lead to disputes between employer and employee later on.

A worked example

Case 1: Regular daily work (must be registered)

ABC Restaurant hired three servers on a daily wage of 400 baht per day, each working the shift schedule the restaurant set every week, continuously for six months. The owner assumed that because they were paid daily, social security registration wasn't required. When one employee had an accident while commuting to work and needed medical treatment, they discovered they had no right to claim social security medical benefits, because the restaurant had never registered them, so the restaurant ended up bearing these costs itself, and also had to remit the backdated contributions in full once the issue was discovered.

This case constitutes continuous employment under the employer's direction and control — even though paid daily, it still falls under the registration requirement of Section 33.

Case 2: Non-regular / occasional daily work (exempted)

XYZ Company held a one-day product launch event and hired temporary waitstaff to help just for that single day, paying cash based on hours worked, with no agreement to hire them again in the future. This clearly qualifies as occasional, casual work, so the company has no obligation to register these workers for social security.

Word of caution: If XYZ Company were to call the same group of workers back to help with events every month on a regular basis, even while still calling it "occasional hiring," this consistent, ongoing pattern of employment could be interpreted as falling under regular-employee registration requirements, no longer qualifying as exempt casual work.

Summary

Regardless of whether an employee is paid daily, monthly, or hourly, what the law uses to determine whether social security registration is required is the continuity of the work, not the method of payment. If it is regular, continuous employment under the employer's direction and control, registration under Section 33 is required even if paid daily, just as with monthly-paid staff. Only work that is genuinely occasional, casual, or seasonal is exempt. If your business has daily-wage employees and you're unsure whether registration is required, consult an accounting or labor law professional to make sure you're handling it correctly.