Soccer
Open the ruling of the decree that "Big Odd" cannot receive the salary of the Prime Minister.
Full version of the ruling of The Council of State for the case of Pol. Lt. Gen. Pisan Chuladilok, the former secretary-general of the Football Association of Thailand. Used to set a press conference table and make a letter to the Sports Authority of Thailand (SAT) to check the administration and work in the association.
The essence of the request to investigate such cases is receiving the salary of President of the Football Association and the Board of Directors, which the "Big Odd" Pol. Gen. Somyot Poompanmuang has come out to clarify that get real salary but donated back to the association After that, Dr. Kongsak Yodmanee, Governor of the Sports Authority of Thailand Has revealed that after SAT sent the matter to the Office of the Council for interpretation according to the request of Lt. Gen. Pisan Juldilok
by the Office of the Decree has sent a letter interpreting the matter back and confirm that The president of the Thai Football Association cannot receive salary or receive wages. because they are not employees of the association acting in this position President of the Sports Association as a volunteer to work The details are as follows.
Sports Authority of Thailand has issued a letter No. Kor 5105/1204 dated May 19, 2021 to the Office of the Council of State. In conclusion Sports Authority of Thailand (SAT. Has there ever been a letter to the Office of the Council of State asking to discuss if the sports association committee receives salary from the sports association would be contrary to Section 73 (5) of the Sports Act of Thailand B.E. 2558? (Book No. Kor Kor 5107/ 13238 dated 11 October 2019) and the Office responded to the discussion that If the Sports Authority of Thailand as the central registrar
The Sports Association has implemented Section 75 of the Sports Act of Thailand. In order to examine the facts and consider that they are unable to perform their duties properly under the law or still cannot find a solution, SAT. You can continue to consult the office (Book No. NorNor 0906/202 dated November 7, 2019) SAT has taken steps under section 75 of the Sports Authority of Thailand Act.
with a letter to the Football Association of Thailand Please clarify and submit documents related to the following cases:
(1) In the case of disbursement of salary and remuneration of the President of the Association Vice President of the Association and Directors of the Association that it has been proposed to the Board of Directors of the Association Approved before disbursement of salary and compensation or not?
(2) The operation of the establishment and acquisition of shares in Thai League Company Limited of the Association is in accordance with the regulations of the governing body. of the Football Association of Thailand Under the Royal Patronage of the Year 2558 or not, and there are directors or employees of the association. Receive salary or compensation from both the Association and Thai League Company Limited?
The association clarified as follows:
(1) The association has agreed to hire the president of the association and the vice president of the association. The suit was elected on February 11, 2016 without any contract or written agreement.
(2) The meeting of the Board of Directors No. 1/2016 on Friday, February 19, 2016, resolved to assign the Vice President of the Association to perform full-time duties and responsibilities in various departments and resolved to approve the President of the Association to be Person who has the authority to determine the salary rate Remuneration for meeting allowances, travel expenses and various types of expenses according to the objectives to the president of the association, the vice president of the association and the directors of the association.
The Council, which has the powers under the rules governing the association. The aforementioned resolution came to be regarded as requiring a person to perform a permanent duty. Which by law is considered an employee of the association, when the association, as a private entity, is an employer, it has a duty to pay wages in return. Expenses according to Article 71 of the regulations governing nature of the Association.
The president of the association has set the remuneration. Then specify as expenses in the annual expenditure plan of the year 2016 of the association.
(3) The 1st Annual General Meeting of 2017 held on April 28, 2017 approved the financial position, balance sheet and budget of the association.
(4) The Association has taken action in connection with this matter by virtue of Article 20, Article 23, Article 35 and Article 71 of the regulations of the Association. SAT has considered the Association's explanation and cannot decide Therefore, I would like to discuss that the association To bring income generated from the management of benefits from organizing professional football matches to distribute as salary and compensation to the president of the association, the vice president of the association and the directors of the association, contrary to section 73 (5) of the Sports Act of Thailand. or not how
The Council of State (Board No. 8) considered the Sports Authority of Thailand's discussions with representatives from the Ministry of Tourism and Sports. (Sports Authority of Thailand or SAT) was the one who explained the facts and saw that Football Association of Thailand under royal patronage is a sports association Registered under the Sports Act of Thailand B.E. 2558 is therefore subject to the Sports Act of Thailand. and regulations issued under the said Act with the regulations governing characteristics of the Football Association of Thailand under the Royal Patronage of His Majesty the King B.E. 2558 and must operate within the scope of the objectives of the association which in this case would include not looking for profit or income to share as Provided in section 73 (5) of the Sports Authority of Thailand Act and Article 86 of the rules governing the nature of the association. This is considered the main principle of establishing a legal association.
In the management of the association, Article 20 of the regulations governing the association of the association defines the management structure of the association. There shall be a general meeting acting as the Legislative Council and having the highest powers in the operation of the Association under Article 23 and the Council of Directors acting as the Executive Committee of the Association. have the powers and duties as stipulated in Article 35 by Article 33.1 of the said regulations The Board of Directors has determined that the committee consists of 19 members, namely the president of the association 1 person, the vice president of the association 5 people and the central committee 13 people who are elected by the general meeting.
when considering the management structure of the association Components of the Board of Directors and the powers and duties of the Board of Directors considers that even Article 2.6 of the regulations governing the nature of the Association Will have designated the committee members in the above committees to be personnel of the association, but the council is a representative elected by members to act in the management and control of the affairs of the association. and has the status of the board of directors of the association under the approval of General meeting as scheduled
In Article 35.1 of the regulations, the nature of the association of the association, therefore, the president of the association, the vice president of the association and the members of the association therefore may not have the status of an employee and receive wages for the performance of duties for the association
but is only a person who can do various activities on behalf of the association only in accordance with Article 38 of the said regulations The president of the association has specific powers to enforce the objectives of the association. It is also responsible for complying with the resolutions of the general meeting and the resolutions of the committee through the Association Secretariat. but to comply with any resolutions of the Board of Directors Such resolutions must be a resolution that has been duly issued within the scope of the powers of the Board of Directors. which, when considered, found Rules and regulations of the association not defined authority of the Board of Directors to be able to pass a resolution to approve the President of the Association to determine the salary rate, remuneration, meeting allowance, travel expenses and various types of expenses to the president of the association, the vice president of the association and the directors of the association.
Therefore, the committee's resolution to approve the president of the association to be able to do so is a resolution that exceeds the authority prescribed by the rules of governance of the associations and has the nature of amending the essence of the rules of governance. of the association Which is within the powers and duties of the general meeting, despite the fact that at the 1st Annual General Meeting of the Year 2017 held on April 28, 2017, the meeting will have a resolution to approve the financial position, balance sheet and budget of the association, but the resolution As such, it cannot be regarded as the case that the general meeting has approved that the president of the association can determine the salary rate, compensation, meeting allowance, travel expenses and various types of expenses for the president of the association, the vice president of the association and the directors of the association. This will make the resolution of the Board of Directors as a resolution in accordance with the regulations governing the nature of the association, and if the salary is paid. Remuneration for meeting allowances, travel expenses and other types of expenses
Therefore, there is no power base under the rules governing the association's rules and regulations.
In addition, in the event that the association consider it appropriate to determine the remuneration Meeting allowances, travel expenses and various types of expenses to the Association President, Vice President and the Board of Directors of the Association in particular, should amend the rules and regulations of the Association. As for the requirements for the management of sports associations as stipulated in Section 56 (8) of the Sports Act of Thailand. by proposed to the general meeting to consider and resolve to amend the rules and regulations of the association. However, such remuneration must not be in the form of wages and cannot be paid based on profits or net income after deduction of expenses. can be paid from the operation of the association Because it is contrary to Section 73 (5) of the Sports Authority of Thailand Act, together with Article 86 of the regulations governing the nature of the Association.
For the issue of the discussion that the association uses the income of the association from the administration of benefits from organizing professional football competitions to divide the salary and compensation to the president of the association, the vice president of the association and the directors of the association. Is it contrary to Section 73(5) of the Sports Authority of Thailand Act or not?
The Council of State (Board 8) views that, at this level, the facts derived from documents and explanations by SAT officials are insufficient to consider whether The operation of the association is for profit or income to be shared under section 73 (5) of the Sports Act of Thailand or not, because it is not known whether the money that the association uses to divide the salary and compensation. To the president of the association, the vice president of the association and the directors of the association, is the money calculated from the profit in the operation of the association or not?
However, when the association It is an association registered under the Sports Act of Thailand. therefore must be subject to the Sports Act of Thailand, including regulations issued under the Act and rules and regulations governing the nature of the association which is an important principle in the management of the association's affairs
Therefore, SAT, by the Governor of Sports Authority of Thailand as the central registrar who is authorized to supervise and supervise the action of sports associations, can exercise its powers under Section 75 of the Sports Authority of Thailand Act. to issue an order in writing to the directors of the association to clarify the facts or to submit additional documents
This power shall include reporting on the financial status of Thai League Company Limited, which is a professional football league management company that the association has. holds 99.98 percent of the shares and operates under the objectives of the association come for consideration
and when SAT has been fully informed of the facts and documents If you consider that The operation of the association is not in accordance with the provisions of the Sports Act of Thailand. and related regulations The registrar can exercise the powers that Provided in Section 4 Supervision of Sports Associations of the Sports Act of Thailand. to consider ordering the association Proceed to be carried out correctly without further discussion.