Tag Archive: lawyer Thailand

  1. Update on Thai Labor Law Protection Act

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    A new amendment for the Labor Law Protection Act has been announced in the Government Gazette on 5 April 2562 and the Act will come into force 30 days after its publication in the Gazette.

    The amendments introduce additional rights for employees, such as:

    • Increase of statutory severance pay for an employee who has worked for at least 20 years;
    • Employees are now entitled to personal leave of at least 3 days/year and will be paid during the leaving date;
    • Maternity leave increase from 90 days to 98 days and split the leave period to 2 periods:
      1. Prenatal period before the delivery date and;
      2. Maternity leave period.
    • Employers must pay up to 45 days during maternity leave;
    • Employers must pay wages, overtime payments, payments for working on holidays, and payments for working overtime on holidays, at the same rate for both male and female employees;
    • If it’s necessary for the employer to suspend the business, partially or as a whole, for any reason, the employer must pay the employee at least 75 percent of his or her usual daily wages throughout the suspension period.

    The above changes will certainly be welcomed by Thai employees.

  2. BOI Privileges for E-Commerce

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    The Thailand Board of Investment (BOI) is an agency of the Government of Thailand to promote investment in Thailand. It provides investment information and services for investors, as well as many incentives.

    E-commerce is one of the business categories that are promoted by the BOI. In case a foreign company would like to conduct e-commerce business in Thailand, under the current laws it may apply for BOI certificate under category 5.8 E-Commerce and after obtaining a BOI certificate, apply for Business Certificate under FBA.

    Rights and benefits under new policy: E-Commerce under the new policy falls under the B2 group. Privileges for this group may include exemption from import duty on raw materials and non-tax incentives.

    Non-Tax Incentives are upon discretion of the BOI (case by case basis) and may be as follows:

    1. 100% foreign ownership
    2. Rights to own land for an office and factory
    3. Visa & work permit supports for foreign experts (and their families).

    Remark: This category will not be granted corporate income tax incentives.

    There is no government fee for applying for BOI privileges. BOI promotion is highly recommendable and very much sought after by foreign investor starting e-commerce businesses in Thailand.

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  3. Prenuptial Agreement

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    Many foreigners living in Thailand meet their future spouses here and get married in Thailand. And to deal with potential legal issues in advance, the couples often chose to enter into a prenuptial agreement (often referred to as “prenup”).

     

    According to the Thai Civil and Commercial Code (“CCC”), the prenup agreement is valid when it is:

    1. entered in a form of the marriage registry or
    2. prepared by the spouses in writing, separately from the marriage registry, signed by both spouses and by at least two witnesses and entered in the marriage register stating that the prenup agreement is thereto annexed.

     

    And according to the Ministry of the Interior Regulation Regarding Family Registration B.E. 2541, both spouses and 2 witnesses must sign in the marriage register (Form Kor Ror. 2).

     

    The witnesses of the prenup agreement can be the witnesses provided by the marriage registry.

     

    No lawyer nor an interpreter is required to attend the district office. Lawyer and interpreter may attend the district office as witnesses. In case that the spouse is foreigner, the registrar shall examine the evidence to identify such foreigner (passport, certificate from the embassy in Thailand) and shall examine the qualification of the foreign spouse (single status certificate) before register the marriage. The certified translations are required.

     

    According to Section 1466 CCC, “the ante-nuptial agreement is void if not entered in the marriage register at the time of marriage registration terms of the ante-nuptial; or if not made in writing and signed by both spouses and by at least two witnesses and entered in the marriage register at the time of marriage registration stating that the ante-nuptial is thereto annexed.”

     

    It is notable that any clause in the prenup agreement contrary to public order or good morals, or provisions to the effect that the relations between the spouses as regards to their properties are to be governed by foreign law, shall be void (Section 1465 CCC).

     

    After registration of the marriage, the prenuptial agreement cannot be altered except by authorization of the court (Section 1467 CCC).

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