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DISPUTE RESOLUTION

Dispute resolution services in Thailand :

Criminal Law

Fraud is one of the biggest fears that a businessman may face when conducts his daily business transactions.

The definition of Fraud is defined at the Thai Criminal Code at the Sections 341-348:

In this regard, the following actions conducted by a person can be considered as fraud:

  • It has willfully hidden facts pertaining to the transaction that the other party has the right to know under the law.

  • It falsely convinces the other participant to execute a legally binding document, or to destroy existing documents, to the benefit of the initiator of the deal.

  • The said representative of a commercial entity has misrepresented himself to the other party, or if the initiator has taken advantage of the other party’s lower intellect. The latter applies if an agent convinces a person who cannot read and right to sign a contract without truthfully explaining the stipulations.

  • The perpetrator had entered into employment deals with people with the intent to either not pay them for their services, or to pay lower wages than what is guaranteed under law or what had been agreed beforehand between the parties.

  • The accused has willfully availed of services and accommodation without the intention and/or the capability to pay for such.

  • The person attempts to collect on an insurance policy and putting the insured property to harm along the way. Arson cases in which the perpetrator torches a property with the intention of collecting on the policy are a good example.

 

A person who has found guilty of these offenses can be imprisoned for at least two years and at most six years. The law also considers offences of this nature as compoundable, which means being found guilty of multiple counts of fraud will lengthen the prison term considerably.

Civil and Commercial Law

A debt claim usually arises from a breach of contract, wherein the debtor fails to pay a creditor under the terms of an Agreement. 

Thai commercial law stipulates that debt has to be collected in a period of maximum 2 years. In order to do so, the company interested in recovering a debt should provide the full documentation on the case, to attest the fact that debtor hasn’t paid his or her debts. Our lawyers in Thailand will require the written and e-mail correspondence kept between the parties, but also financial documents, such as purchase orders or invoices.

 

Debt collection cases filed with Thai courts are normally civil cases filed at Provincial Court level. However, in certain exceptional cases involving fraudulent documents, such as dishonored cheques, a debt may also involve a criminal action.

Enforcement actions may include garnering of a debtors wage and/or the right to seize the debtor's assets and have those assets auctioned off to satisfy the debt claim. Interest and other costs can also be recovered through Thailand court procedures.

Labor Dispute

The Thai Labour Protection Act governs the employment relationships between employee and employers in Thailand.

The employment which is for an indefinite period can be terminated on the following basis:

  • An employee may resign at any time by giving written notice to the employer at least one payment cycle in advance

  • An employer may dismiss an employee at any time by giving written notice to the employee at least one payment cycle in advance.

 

If you intend to dismiss an employee instantly, do note that you will be required to pay compensation for the notice period as well as severance if the employee has passed the probation period and if there are no legal grounds for instant dismissal. The amount of severance payment is determined based on the total duration of the employment and the employee’s latest salary.

In the other hand, complaints on illegal dismissal or unlawful termination must be brought by the offended employee. The following situations can be considered as a wrongful dismissal:

 

  • The immediate dismissal without a clear and full explanation of the reason or the termination of the agreement without serious cause nor severance pay

  • The termination of the agreement without payment of the unused annual leave

  • The termination of the agreement based on the (claimed) violation of the work regulations by the employee without any prior warning

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