How Can Employers Use the Law to Protect their Trade Secrets from Unauthorized Disclosure by their Employees

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 […]

Challenges under the Dispute Resolution System in the Labour Relations Act

Challenges under the Dispute Resolution System in the Labour Relations Act In this article, we shall examine various challenges and problems that employers and employees should be aware of if they are involved in a labour dispute under the Labour Relations Act (the Act). We shall look at several aspects of the law which are not clear and we shall also examine various aspects of the dispute resolution process which are inconvenient or are problematic (in the writers opinion) in terms of resolving demands and labour disputes. Letter of Demand Issues: According to section 13 of the Act when employees submit their letter of demands to their employer, such letter must contain the names and signatures of at least fifteen percent (15%) of the total number of employees who are involved in the demand. This legislative requirement poses a problem […]

Penalties for Non-Compliance under the Labour Protection Act

Penalties for Non-Compliance under the Labour Protection Act In this article, we shall examine the penalties that apply to breaches of the Labour Protection Act (LPA). From reviewing chapter 16 of the LPA which encompasses sections 144 up to 159, one becomes aware that the overwhelming majority of penalties apply to employers, moreover, the writer would also like to emphasize to the readers that the legal sanctions which apply to non-compliance with this Act can be quite serious and include imprisonment in serious cases. In examining this topic, the writer will also consider other related issues such as the suitability and weaknesses of the sanctions provided under this legislation. Penalties & Enforcing Compliance with the Labour Protection Act Section 144 of the LPA is arguably one of the main provisions in the Act which covers penalties because of the number […]

Rights of an Employer in relation to Severance Pay

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 […]