Company Registration in Thailand

Introduction: In this month’s article we shall examine the issue of company registration in Thailand and how the processes and procedures could be improved and streamlined in light of the coming advent of ASEAN Economic Community in 2015 when many foreign entities are likely to look at setting up new companies in the Kingdom. Thailand is often marketed to foreign businesses as a place where it is relatively easy to do business but after recently going through the process of registering a limited liability company with the Department of Business Development (DBD) that has foreign majority ownership, the writer is of a different opinion as in his view, the process contains a number of confusing and somewhat impractical requirements which make the required procedures unnecessarily complicated and time consuming. In this month’s article we shall examine a number of aspects […]

Things to Consider re Unfair Termination Cases

Introduction: In this month’s article we shall examine key things that both employees and employers should be aware of regarding unfair termination/ dismissal cases. We shall examine this matter from the perspective of both the employer and the employee so that we provide a broad picture of issues and key points one should consider in relation to this kind of litigation. Termination of an Employee – Practical Tips If you are an employee and you have been terminated by your Company (with or without severance pay) we suggest that you don’t sign anything given to you by your employer regarding your termination until you have had it reviewed by your lawyers as such documentation may undermine or waive your legal rights. If you are aware that you are being terminated on a specific day we recommend that you have witnesses […]

Amending the Labour Protection Act (1998)

Introduction: In line with the National Council for Peace and Order’s (NCPO’s) current review of laws in place in the Kingdom, this month’s article will discuss how the Labour Protection Act (1998) (hereinafter referred to as the “Act”) can be amended in order to improve this legislation. This article will examine this issue from a number of angles and make a range of recommendations that in the writers opinion will make this law clearer, more relevant to the modern day workforce in Thailand and more user friendly for both workers and employers. Improving Clarity in the Act: Arguably one of the key weaknesses of the Act is the lack of clarity in several sections. One of the best examples can be seen in section 16 which provides that it is prohibited for an employer, chief of staff or inspector to […]