Open Letter to the Labour Minister:
4 Demands from Section 39 Insured Workers Nationwide
The Section 39 Insured Workers Network (BoonArayapon) formally submits an official letter to Thailand's Minister of Labour, demanding fair pension recalculation under Supreme Court ruling 3307/2567 and opposing the CARE formula.
Background
Most members of this network were previously insured under Section 33 โ the standard employment-based SSO tier โ contributing for 15 to 20 years with a wage base of up to 15,000 THB per month. When they resigned and voluntarily continued coverage under Section 39 to preserve their social security rights, the SSO began calculating their pensions using the Section 39 deemed wage of only 4,800 THB/month as part of the final 60-month average.
The result: a retirement pension of approximately 960โ1,000 THB per month โ a figure that does not reflect decades of genuine contributions and is wholly insufficient for subsistence in today's economy.
Supreme Court Ruling 3307/2567 established a landmark precedent: for workers who were previously insured under Section 33, the pension must be calculated using the Section 33 wage average from the final 60 months of Section 33 coverage โ not the reduced Section 39 deemed wage. This protects workers' maximum entitled benefits under the intent of the law.
The network takes a clear position: it does not support, and formally opposes, the use of the CARE formula as a remedy for this problem. The CARE formula โ currently being promoted by the SSO โ does not address the root cause and falls short of the standard of justice established by the Supreme Court's ruling.
Why This Is Unjust
4 Demands to the Minister of Labour
Direct the SSO to adopt Supreme Court ruling 3307/2567 as the binding standard for all pension payments โ and cease promoting the CARE formula as a substitute.
Direct the SSO to calculate and pay back the pension differential owed to every Section 39 insured worker whose benefits were wrongly reduced under the old calculation method.
Establish a policy for the SSO to restore rights across the board without requiring individual elderly workers โ many of limited mobility and resources โ to each file their own lawsuit to reclaim what they are owed.
Establish a dedicated working group or committee within the Ministry of Labour to resolve this issue, with formal participation by representatives of the Section 39 Insured Workers Network to ensure genuine transparency and accountability.
The Official Letter
7 April B.E. 2569 (2026)
Re: Request for fairness and remedy for Section 39 insured workers receiving unjust old-age pension amounts, pursuant to the precedent set by Supreme Court Ruling 3307/2567 (and in opposition to the CARE formula)
To: The Minister of Labour
The Section 39 Insured Workers Network, operating under the group name "BoonArayapon" as representative of Section 39 insured workers nationwide, has convened to petition the Minister of Labour for fairness and relief, as members are suffering severe hardship from the SSO's pension calculation method, which does not reflect reality and curtails rightful entitlements.
Most members of this network were previously Section 33 contributors for 15โ20 years, with wage bases up to 15,000 THB. Upon leaving employment and wishing to maintain social security rights, they voluntarily enrolled in Section 39. However, upon reaching retirement age, the SSO has used the Section 39 deemed wage of 4,800 THB to calculate the 60-month average โ resulting in a pension of approximately 960โ1,000 THB per month. This amount is wholly disproportionate to a lifetime of contributions and wholly inadequate for living expenses today.
Although the SSO previously rejected calls for reform by citing prior Supreme Court rulings, the Supreme Court has now issued Ruling 3307/2567, establishing a new precedent of full justice: for workers who were previously Section 33 insured, the pension must use the Section 33 60-month average wage โ protecting the workers' maximum entitled benefit as intended by law.
The network formally declares that it does not support and opposes the CARE formula approach currently being promoted by the SSO, as it does not address the root cause and does not reflect the maximum entitlement standard set by the Supreme Court.
Signatories
The complete petition document (PDF) with all signatories
Related Reading
Three-layer trap analysis โ double penalty, permanent base damage, and Gold Card misconception. With a decision framework before joining Section 39.
Why the CARE formula still falls short of full justice โ a legal analysis by Boon Arayapon.
Two legal routes to reclaim Section 39 pension rights โ Labour Court vs Supreme Administrative Court.