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Thailand Defamation Attorneys

Thailand Labor and Employment Law

In Thailand the cases that involves defamation of an individual or a business is explained as follows: “ “to impute anything to another person, to a third party in a manner likely to impair that person’s reputation or to expose such person to hatred or contempt.” It is usually the case that such cases are raised in disputes between businesses or individuals in commercial or even political environments pointing to how factual or non factual information is presented aiming to alter the public opinion. Unlike how defamation cases are approached by law in most western countries, in Thailand, it can be scrutinized in the form of a criminal as well as a civil offense. There are always cases that shall be exempt from defamation punishments. For example, if an individual or an entity is making a comment, a statement or report out of good intentions, if certain conditions are met. There are different implications when it comes to oral and written content in defamation cases. For instance, written statements are usually prone to more severe penalties or punishments.

This area of Thai law includes a lot of details, with interpretations playing a big role in the jurisdiction process. If you are being sued for defamation or you are pursuing such cases against an individual or an entity in Thailand, you will need a legal team who are experienced in engaging with such cases. At Ratchada Law firm, our team of civil and criminal lawyers have many successful defamation cases under their belt. We can help you to achieve optimal results no matter what stage of the judicial process you are at. Make contact us and get a free consultation session for your defamation case today.

Branch Office Establishment Thailand

To Establish a Branch Office in Thailand

January 16, 2024 No Comments

Establishing a branch office in Thailand can be more complex, costly, and timely when compared to incorporating a private limited company. However, the advantage of a branch office is that it can be 100 percent foreign-owned.

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Laws of Thailand

Laws of Thailand

December 13, 2023 No Comments

The principal law sources in Thailand are: Criminal law; Administrative law; Immigration law; Private law; Law of Obligations; Corporate law;

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Thailand’s Personal Data Protection Act

Thailand’s Personal Data Protection Act

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Thailand Labor and Employment Law

Thailand Labor and Employment Law

All labor laws in the Kingdom of Thailand are under the authority and supervision of the Department of labor, Protection and Welfare. The regulations set forth by this department aims to monitor all aspects concerning the employment of local and foreign workers in the Kingdom. This includes but is not limited to working conditions, hours, salaries, overtime payments, maternity and sick leave,public holidays and working days, social security and benefits, employment contracts and the termination, safety of working conditions, disputes, minimum salary, dismissal damages and so on.

The main pillars of these regulations are taken from the following legislative acts:

  • Labor Protection Act B.E. 2541
  • Workmen’s Compensation Act and Thai Civil and Commercial Code B.E. 2537
  • Social Security Act B.E. 2533
  • Labor Relations Act B.E. 2518
  • The Act Establishing the Labor Court and Labor Court Procedure B.E. 2522
  • Provident Fund Act B.E. 2530

Disputes

The labor laws in Thailand obliges employers to compensate their employees in the case of contract termination in the form of a payment called severance compensation in accordance with the law which shall meet certain conditions for the proper implementation.

Some cases of employment disputes in Thailand can involve details on how the severance compensation is calculated and the issues involving the rights given to employees under the law. Such disputes and cases can also involve breaches of employment contract by both parties during the employment period, as well as disputes rising from unjust termination of employment.

Severance and Termination:

A number of causes can result in the termination of employment in Thailand. Here are some common reasons:

  • 1) Termination on the grounds of mutual understanding from both parties
  • 2) Termination on the grounds of contract or employment agreement completion
  • 3) Termination on the grounds of work scope completion
  • 4) Termination on the grounds work being assigned to a third party, without the consent of the employee
  • 5) Termination by the employment on the basis of wrongdoings and negligence

Any individual who has been employed for more than 120 days is qualified to be compensated for severance pay in case the contract is terminated by the employee, except if one of the following is applied to the situation:

  • Intentional mischief or criminal conduct towards the employer
  • Deceitful actions in performing obligations
  • Crimes committed towards the employer with ill intentions
  • Negligence that lasted for more than three days without any vindication
  • Failure to abide by the rules and conditions of the workplace, provided that a written warning is provided and sufficient is action is not undertaken.
  • Employee being sentenced to prison for serious crimes and offenses which would not include minor crimes or wrongdoings caused by negligence

At Ratchada Lawfirm, our team of experienced labour attorneys have decades of experience in dealing with different labour disputes with different scale of complexity. Whether you are a Thai or foriegn employee, or you run a business that is facing difficulty in labour disputes, we know what your rights are and what is the best course of action to make sure the best results are achieved.

Branch Office Establishment Thailand

To Establish a Branch Office in Thailand

January 16, 2024 No Comments

Establishing a branch office in Thailand can be more complex, costly, and timely when compared to incorporating a private limited company. However, the advantage of a branch office is that it can be 100 percent foreign-owned.

Read More »
Laws of Thailand

Laws of Thailand

December 13, 2023 No Comments

The principal law sources in Thailand are: Criminal law; Administrative law; Immigration law; Private law; Law of Obligations; Corporate law;

Read More »
Thailand’s Personal Data Protection Act

Thailand’s Personal Data Protection Act

November 14, 2023 No Comments

Thailand’s first-ever law on personal data protection came into force on June 1, 2022. The law outlines the obligations for businesses regarding the collection and processing of personal information. The government is expected to provide a grace period for SMEs to comply with the new law.

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What is Extradition?

What is Extradition?

The term extradition refers to the submission of a criminal on the run to the legal system of another country for judicial proceedings. Thailand has agreements with around fourteen countries for the extradition of criminals and fugitives: UK, USA, Canada, Indonesia, Malaysia, Belgium, South Korea, Laos, Cambodia, China, the Philippines, Bangladesh, Fiji and Australia,

Extradition process in Thailand follows the guidelines put in place in the extradition act of 2551. In addition, it may have different implications based on international treaties in place between Thailand and the international community.

In most cases, the extradition proceedings is implemented, if a person is suspected of commiting a serious crime which has resulted in being charged for jail time of more than one year or if the individual faces death penalty inside the other country’s judicial system. With that being said, there are cases of extradition treaties between Thailand and other countries that would be applied to less severe crimes which would also result in extradition proceedings to take place.

In order for the extradition request to be followed up by Thailand, certain criteria have to be met:

  • Political crimes are not accepted for extradition from Thailand.
  • The crimes committed shall not be evaluated solely for military reasons
  • The extradition process is not violating any laws in place in the kingdom
  • Not final ruling in that country determines the individual innocent
  • The individual is not qualified for amnesty
  • The individual has not served jail time or experienced punishment for the committed crime in the requesting country
  • The individual has not been prohibited from prosecution in one way or another

In the case that a foreign government aims to request extradition of an individual in Thailand, the only person qualified to make the judgment is Thailand’s Attorney General. In addition, there has to be an arrest warrant from the country submitting the request that explains in detail the crimes committed by the individual under scrutiny, all the details surrounding the crime, the utmost punishment in place in the requesting country, any extra information that would help Thailand’s juristical system to properly identify and to make sure that the wanted person is in fact the person being looked for within Thailand, and any other possible information that would help with finding out the location of the individual.

Branch Office Establishment Thailand

To Establish a Branch Office in Thailand

January 16, 2024 No Comments

Establishing a branch office in Thailand can be more complex, costly, and timely when compared to incorporating a private limited company. However, the advantage of a branch office is that it can be 100 percent foreign-owned.

Read More »
Laws of Thailand

Laws of Thailand

December 13, 2023 No Comments

The principal law sources in Thailand are: Criminal law; Administrative law; Immigration law; Private law; Law of Obligations; Corporate law;

Read More »
Thailand’s Personal Data Protection Act

Thailand’s Personal Data Protection Act

November 14, 2023 No Comments

Thailand’s first-ever law on personal data protection came into force on June 1, 2022. The law outlines the obligations for businesses regarding the collection and processing of personal information. The government is expected to provide a grace period for SMEs to comply with the new law.

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Wrongful Death Cases

Wrongful Death Cases

Wrongful death is basically a term attributed to a case where a family member of the deceased person files a court complaint in order to receive compensation for the death of their loved ones from the person/people who caused the incident out of either negligence or direct or indirect actions.

No one ever wants to see their loved ones hurt in any way and no person with the right intentions would want to see a tragedy like this occur, but in the case that someone’s carelessness or lack of control over their action causes such tragedy, the mourning family members reserve the right to file a court complaint and ask for compensation for their pain and loss from the persons who caused the tragedy. Examples of such tragedies can be:

  • Bus, car, boat or motorcycle accidents
  • Faulty drugs and medicine
  • Flawed products or services
  • Inappropriate medical practice
  • Intoxication or physical assault or trauma

At Ratchada Law, our team of experienced thai lawyers have decades of experience in dealing with cases involving compensation for a wrongful death incident, assisting both parties who are involved in such tragedies. If you think that you are an unfortunate side of such occurrences and want to see justice applied to the situation, we have what it takes to make sure you get the best results. It is of utter importance that if such incidents happen, you make sure that you come in contact with an attorney as soon as possible so they can compile all the details and evidence in a timely manner.

Branch Office Establishment Thailand

To Establish a Branch Office in Thailand

January 16, 2024 No Comments

Establishing a branch office in Thailand can be more complex, costly, and timely when compared to incorporating a private limited company. However, the advantage of a branch office is that it can be 100 percent foreign-owned.

Read More »
Laws of Thailand

Laws of Thailand

December 13, 2023 No Comments

The principal law sources in Thailand are: Criminal law; Administrative law; Immigration law; Private law; Law of Obligations; Corporate law;

Read More »
Thailand’s Personal Data Protection Act

Thailand’s Personal Data Protection Act

November 14, 2023 No Comments

Thailand’s first-ever law on personal data protection came into force on June 1, 2022. The law outlines the obligations for businesses regarding the collection and processing of personal information. The government is expected to provide a grace period for SMEs to comply with the new law.

Read More »
Posted on

Wrongful Termination

Termination on Invalid grounds

This situation points to a scenario where the employee has cancelled employment of an individual or has discharged them in a way that is in conflict with the employment law of the country where the employment has taken place. In order for the laid off individual to take legal action on the grounds of wrongful termination, the employee has to provide valid proof that at least one of his or her employee rights were infringed by the employer during the employment cancellation process.

As a general rule, the employer has the right to terminate or lower the rank of an employee without providing any reason or vindication. That being said, the employer is bound to pay a sufficient amount in form severance payment if this action is taken place without providing valid or just explanation. When it comes to how Thailand’s labor court views these cases, they usually pay attention to whether the termination has happened due to employees lack of performance or inappropriate actions that were directly or indirectly damaging to the business, the other coworkers or any other aspects of an organization. If any of the following conditions is applied to the case, then the employer is not bound to pay any form of severance pay to the laid off employee:

  • Intentional falsehood in performing tasks and duties
  • Any form of criminal action against the employer or the company
  • Intentionally harming the employee or the business
  • Unjustified negligence in performing duties that cause damages to the business
  • Breaking any rules in place at the employment environment
  • Duty negligence for at least three consecutive days without any valid reason
  • Prison Sentences with exception to significant offences or crime committed out of carelessness or negligence

As a general rule, the employer has the right to terminate or lower the rank of an employee without providing any reason or vindication. That being said, the employer is bound to pay a sufficient amount in form severance payment if this action is taken place without providing valid or just explanation. When it comes to how Thailand’s labor court views these cases, they usually pay attention to whether the termination has happened due to employees lack of performance or inappropriate actions that were directly or indirectly damaging to the business, the other coworkers or any other aspects of an organization. If any of the following conditions is applied to the case, then the employer is not bound to pay any form of severance pay to the laid off employee:

Branch Office Establishment Thailand

To Establish a Branch Office in Thailand

January 16, 2024 No Comments

Establishing a branch office in Thailand can be more complex, costly, and timely when compared to incorporating a private limited company. However, the advantage of a branch office is that it can be 100 percent foreign-owned.

Read More »
Laws of Thailand

Laws of Thailand

December 13, 2023 No Comments

The principal law sources in Thailand are: Criminal law; Administrative law; Immigration law; Private law; Law of Obligations; Corporate law;

Read More »
Thailand’s Personal Data Protection Act

Thailand’s Personal Data Protection Act

November 14, 2023 No Comments

Thailand’s first-ever law on personal data protection came into force on June 1, 2022. The law outlines the obligations for businesses regarding the collection and processing of personal information. The government is expected to provide a grace period for SMEs to comply with the new law.

Read More »

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