Month: March 2024

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 […]