Wrongful Acts and Claiming Compensation under the Civil & Commercial Code

Section 420 of the Thai Civil & Commercial Code (CCC) provides that “a person who, willfully or negligently, unlawfully injures the life, body, health, liberty, property or any right of another person, is said to commit a wrongful act and is bound to make compensation therefore”. Thus pursuant to the legal concept of liability for wrongful acts under the CCC, a person can only be compensated if their lawsuit can prove the existence of the following four elements which are required in order to prove that a wrongful act was committed. 1.Willful or Negligent Act It must be proven that the accused party acted willfully or failed to exercise the degree of care that a reasonable person would ordinarily exercise to avoid the foreseeable harm. 2.Causing Actual Damage It must be proven that the victim suffered actual damage, such damage […]

Applying for a Work Permit and extending a Non B visa in Thailand (with a Thailand registered Company Limited as the Employer)

Foreign nationals (i.e. non-Thai citizens) seeking employment in Thailand need to obtain both a Non-Immigrant B visa and a work permit. The process is regulated by the Immigration Bureau and the Employment Department, Ministry of Labour. The employer of the foreign applicant must be a legally registered Thai entity, typically this is a company limited but the employer could be another other type of juristic person, such as a branch office[1] or a representative office. This article outlines the step-by-step process, key requirements, and practical considerations for both the employer and the employee with respect to applying for a work permit and a Non-B visa (and extension), based on the assumption that the employer is a company limited that is registered in Thailand.   Overview To work legally in Thailand, a foreigner shall need the following: A Non-Immigrant “B” (Business) […]