Page 207 - Social Enterprise A New Business Paradigm for Thailand

(5) Limited companies registered as social enterprises are allowed to issue and offer shares to
the public without the need to submit applications, disclosure forms, or supporting documents
to the Securities and Exchange Commission (SEC). For some entrepreneurs, such as Dhamma

Business Social Enterprise Co., Ltd., this benefit is considered the most critical, as access to
fundraising is essential for the survival and growth of social enterprises.

In the end, it is important to recognize that the Social Enterprise Promotion Act is only one part
of the broader ecosystem supporting the growth of social businesses. There are also
mechanisms under other laws that help facilitate social enterprise activities. For instance, one
of the Act’s key objectives, promoting employment opportunities for individuals in need of
special support, can also be advanced through the Persons with Disabilities Empowerment Act,
B.E. 2550 (2007). This law requires businesses of a certain size to either hire persons with
disabilities or take alternative measures, such as contributing to the Fund for Empowerment of

Persons with Disabilities or supporting vocational initiatives for persons with disabilities (see
Box 6.4).

Box 6.4 The Persons with Disabilities Empowerment Act, B.E. 2550 (2007)

Under the Persons with Disabilities Empowerment Act, B.E. 2550 (2007), Section 33 and its
related ministerial regulations, employers or business establishments with 100 or more
employees must hire persons with disabilities at a ratio of one person with a disability per
100 non-disabled employees. If the excess is more than 50, they must hire an additional
person with a disability. Employers who do not wish to hire persons with disabilities may
instead contribute funds to the Disabilities Empowerment Fund (Section 34), calculated by
multiplying the minimum legal wage by 365 days per unfilled position, payable annually by
March 31. If overdue, a 7.5% annual interest applies. Alternatively, they may provide other
forms of occupational support (Section 35) with a value no less than the fund contribution
per person, including (1) granting concessions (e.g., coffee shops, vending machines, coin-
operated laundry machines, photocopiers, agricultural plots, etc.), (2) allocating space to
sell goods or services, (3) subcontracting or outsourcing, (4) offering internships, (5)
providing equipment or assistive devices, (6) providing sign language interpreter services,
or (7) offering other support to persons with disabilities or their caregivers.
Employers hiring persons with disabilities are eligible for corporate income tax exemptions
equal to twice the amount spent on employment under Section 33, tax exemptions equal to
the amount contributed under Section 34, and tax exemptions equal to specific expenses
under Section 35.

As of November 29, 2024, there were 14,814 establishments subject to the employment
requirement, obligated to hire 69,264 persons with disabilities. Of these, 39,840 persons
were employed under Section 33, 11,069 positions were fulfilled via fund contributions
under Section 34, and 16,530 positions were fulfilled through occupational support under
Section 35, totaling 67,439 persons or 97.37% of the required number.

Source: Department of Empowerment of Persons with Disabilities https://dep.go.th/th/law-
academic/service_stats/stat-depjob

173