Author: กองบรรณาธิการ

Section 119 of the Labour Protection Act (B.E. 2541) permits an employer to terminate an employee without the need to pay severance pay (in accordance with section 118) if the termination is based on any of the following conditions: (1) The employee has performed their duty dishonestly or intentionally committing a criminal offence against the employer; (2) The employee has willfully caused damage to the employer; (3)The employee has committed negligent acts causing serious damage to the employer; (4) The employee has violated the employer’s work rule, regulation or orders which are lawful and just, and after a written warning has been given by the employer, except for a serious case where there is no requirement for the Employer to give warning. The written warning given by the employer is valid for a period not exceeding one year from the […]

Before a tenant/lessee enters into a property rental agreement (lease agreement) in Thailand with a landlord/lessor they should be mindful of several key matters in order to safeguard their legal interests. This article shall discuss some of the most important issues which lessee’s should consider before signing a lease agreement, including lease registration at the Land Department, lessee & lessor rights and responsibilities under the Civil and Commercial Code (CCC) and what practical steps a lessee can take to better protect their rights.   Notification of the Contract Committee Re: The Stipulation of Residential Property Leasing as a Contract-Controlled Business B.E. 2562 In accordance with this Notification, if the lessor of the property runs a “residential property leasing business” which is defined as “a business that leases (or subleases) five units of property or more to individual lessees, for residential […]

Many employers in Thailand engage both normal staff (ongoing and fixed term employees) as well as external contractors but when they contract with these two groups they need to be careful of several factors to ensure that their intentions are not undermined due to Thai law. This article shall explain the key differences between employees and contractors with respect to Thai law and what employers should be careful of to ensure that a contractor is not interpreted by the Thai courts to be an employee given that this can result in extra liability such as severance pay etc.   Hire of Services (i.e. normal employees) Normal employees (both ongoing and fixed term) fall under what is called a “hire of services” legal relationship. This type of legal relationship is defined under section 575 of the Thai Civil and Commercial Code […]

Every year many foreigners both men and women get married in Thailand to Thai citizens. This article shall discuss several important things which a foreigner should be aware of before they decide to get married in the Kingdom, including key requirements, legal issues to consider and practical considerations.   How to register a marriage in Thailand? A marriage in Thailand must be registered with Thai authorities to be a valid marriage under Thai law,[1] hence just getting married in a ceremony at a temple will not be considered as a valid marriage. In Thailand, marriages are registered at the District Office (Amphur) and the marriage registration will need to be approved by an authorized officer at the District Office (the Registrar). Before going to the District Office to register a marriage it would be sensible to contact the relevant office […]

A power of attorney (PoA) is a legal document that gives a person the power and authority to act on behalf of another party/ person, known as the Principal. The person given the authority is often referred to as the Attorney-in-Fact. The Principal may give their Attorney-in-Fact wide or narrow powers to make decisions and take actions on their behalf in a variety of situations such as filing a document with the Government or signing a contract on their behalf etc. Authorizing a person under a PoA is an important legal decision requiring careful forethought to ensure that it reflects the Principal’s wishes and protects their best interests. This article shall consider and discuss several key issues which a Principal should consider before they make a PoA in Thailand granting power/ authority to another person or persons.   Legal Capacity […]