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01 May 2014
The writing will be mentioned in separate issues for convenient references as under: Limit of Application The Act does not apply to the personnel of the government agencies and government enterprises. This is like the old law. Employer The word “Employer” conveys a wider meaning than the old law: It includes any person performing duty in place of the employer, the manager of a company or a partnership who is the employer of the employees, including a sub – contractor who pays wages to the employees. Employee
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01 May 2014
Note that The Labor Protection Act of 1979 was revised and was promulgated as the new labor law in the government gazette on 20th February of 1998 to be in force after 180 days of the date of its promulgation. It is regarded as the perfect new labor law being in force until today. It came into force actually on 19th of August 1998. So in this chapter, I will talk about this new law in particular.
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01 May 2014
The law was enacted by The Parliament in 1979. However, the principles of hiring human services are also applicable in the labor employment because the main initiative purpose of this new law is not a mere employment of labor but to protect the rights of humans under the UN Declaration. Therefore, the principles of hiring human services in the Civil and Commercial Code still serve as the major and main context of labor employment because the labor law is aimed not only for protection of human rights but it is also enacted in coordinative endeavors with other nations for human welfare. And as a result, the labor courts have been set up to cope with labor protection in the whole labor market.
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01 May 2014
Labor law is useful for business operators directly, not only Thais but foreigners as well, particularly foreign companies doing business here. Labor law is, in fact, the recent and the last development concerning labor. In the olden time, we did not have free labor like today but we had slaves working for their masters. And subsequently when slavery was abolished in the time of King Rama V around A.D. 1910, creditors used the labor of their debtors who worked for them to set off the pending debt on the basis of contracting relationship, and when The Civil and Commercial Code Book III was promulgated in 1924, we got the principles of hiring human services enacted in the Code, which serve as labor employment and have been serving alongside with labor law in a later time when the labor act has come in existence. By huahin Business lawyer
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01 May 2014
Yes, there is because the above jobs do not include aliens of the following categories:A person in the diplomatic corps. A person in a consular mission. A representative of the United Nations and special agency.
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01 May 2014
The main factor to be taken up for consideration is the Kingdom’s benefit. All other factors are : income, property, knowledge, technical and professional ability, including the family status of the alien applicant in comparison with the Thai national populace and so on.
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01 May 2014
An alien desiring to have a residence in Thailand may apply for it either before coming in to the kingdom or after having come to live here temporarily. The competent authority is “The Immigration Commission ”With the approval of the Interior Minister who is controlling the quota.
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01 May 2014
An alien desiring to have a residence here must apply for it and must have received permission from the immigration commission with approval of the Minister of Interior under section 41. However the permission must be within the annual quota published by the Minister as mentioned in section 40, in which each country shall not have more than 100 persons for those with nationality and not exceeding 50 persons for those with no nationality. If the quota of the current year has been used up, the alien applicant has to wait of the quota of the coming year. During that time, the alien may live here temporarily.
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01 May 2014
To take a residence means to live permanently in Thailand. This depends on three different factors : The 1st factor depends on an annual quota allotted by the minister of interior as mentioned in section 40. The number is different from year to year and from country to country, which shall not exceed 100 persons for those having nationality and 50 persons for those who have no nationality. However, under section 42,the alien who previously had a residence in the kingdom, or the Thai woman who became an alien because of marriage and her minor child, and a small child under one year of alien couple who were previously had a residence in Thailand, do not have to depend on the said quota mentioned in section 40. The 2nd requirement is to have received permission from the immigration commission with the approval of the minister of interior. The 3rd factor is that an alien who brings in foreign currency valued not less than 10 million baht for investment. To receive a residence certificate must be in accordance with the process mentioned in section 43.
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01 May 2014
To take a residence means to live permanently in Thailand. This depends on three different factors : The 1st factor depends on an annual quota allotted by the minister of interior as mentioned in section 40. The number is different from year to year and from country to country, which shall not exceed 100 persons for those having nationality and 50 persons for those who have no nationality.
