Month: February 2016

How Can Employers Use the Law to Protect their Trade Secrets from Unauthorized Disclosure by their Employees In this article, we shall examine how employers can protect their trade secrets from unauthorized disclosure by their employees. In considering this month’s topic we shall make considerable reference to the Trade Secrets Act BE 2545 (2002) or the “Act”. We shall begin by explaining what should be included in a suitably drafted confidentiality & non-disclosure agreement for use with staff and we shall then proceed to discuss some of the legal approaches an employer can take if an employee discloses or is planning to disclose its trade secrets to a third party without its consent. Confidentiality & Non-Disclosure Agreement In the business world, most employers have trade secrets which they want to protect from unauthorized release to third parties, such information can […]

Rights of an Employer in relation to Severance Pay In this article, we shall examine the issue of whether senior staff such as a Chief Executive Officer (CEO) are entitled to severance pay from their Company (employer). We shall begin by looking at the key issue of whether a person is to be considered as an ‘employer’ or an ‘employee’ because under Thai law only employees are entitled to severance pay under the Labour Protection Act (1998) (hereinafter referred to as the LPA). In determining the issue of whether a person who works for a company is an employee or an employer it is necessary to consider the definitions of both terms under the LPA and to also determine whether the person exercises ‘management authority’ which in turn will require an investigation into several other issues including whether the person […]