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Submission of a written order to refuse public health services that would otherwise prolong living with a terminal illness preventing a natural death

Dignity, rights, liberty and body are protected by the Constitution of the Kingdom of Thailand (B.E. 2550) which is congruent with the Declaration of Lisbon on the Rights of the Patient (1981). The declaration specifically affirms the patient’s right of self-determination to make free decisions regarding his or her own body. The patient is entitled to humane terminal care and to be provided with all available assistance in making dying as dignified and as comfortable as possible. → Read more

On 2 November 2011, the remuneration committee issued a notification increasing the minimum wage to 300 Baht effective 1 April 2012. With an approximate 40% raise for employment wages in Bangkok, NakhonPathom, Nonthaburi, PathumThani, Phuket, SamutPrakan and SamutSakhon, this action has prompted an outcry among those in the business sector who foresee this surge of minimum wage as negatively impacting business costs, especially in businesses where a large labour force is required. This shift has also brought about a growing concern in regard to future foreign direct investment as this newly-increased pay rate will no longer make investment attractive in Thailand. As a consequence, some of those affected have filed claims against the remuneration committee to the Administrative Court stating that such minimum rate increase is unlawful and that interim measures of protection are needed in order to suppress or minimize the impact of the minimum pay rise. → Read more

Severe flooding that occurred since mid of 2011 through to the beginning of 2012 in Thailand has been considered as one of the worst natural disasters in terms of costs and the amount of businesses affected. There are a number of measures to alleviate burdens of different nature which have been put in place to assist businesses in including tax relief measures. And although there are several tax measures in the forms of tax exemptions and tax incentives already in place since before the latest flooding occurrence, but as the flooding situation was aggravated to such a severe extent towards the end of 2011, the government introduced additional tax exemption and incentive measures, details of which are summarized in the tables below: → Read more

The Department of Intellectual Property, the competent authority, prepared and submitted a Draft Trade Mark Bill (the “Bill”) to the Council of State for its consideration and review in 2008. After pending for consideration for more than 3 years, the Council of State recently approved the Bill and has submitted it to the Cabinet for their consideration and approval. → Read more

Many people are suffering from the widespread floods in Thailand including at least 555,000 employees, and a number of industrial estates in many provinces have been under water for more than a month now. At this moment, the water is advancing on another two industrial estates located on the outskirts of Bangkok. From the severe floods, many questions in respect of the labour law have been raised by both the employers and the employees on how to deal with salary payment to employees who have not been able to work and also whether it is possible to terminate an employee’s employment during the flood when an employee is unable to work. → Read more

Considerations in Increasing the Minimum Wage Rate

In determining the minimum wage that employers are obligated to pay employees, reference must be made to the Labour Protection Act B.E. 2541 (1998) as amended B.E. 2551 (2008) (the “Act”). As stated in the Act, the “Remuneration Committee” is the body with the power to determine the minimum wage rate. → Read more

In March 2011, the Stock Exchange of Thailand improved its regulations in regard to the increase in capital for listed companies by allowing these companies to increase capital through a general mandate. A listed company normally is required to seek authorization from a shareholders’ meeting every time the company wishes to increase its capital. Through a General Mandate, however, a listed company will be able to request permission from the shareholders’ meeting in advance, in accordance to the number of increased shares and type of allocation of the shares (e.g. right offering, public offering, private placement), to authorize the board of directors of the company to consider and manage the shares appropriately when the company requires immediate capital. → Read more

1)         Section 95 of the Bankruptcy Act

In principle, if a bankruptcy court issues an absolute receivership order against a debtor, any creditor who wishes to claim for assets of the debtor is required to submit his claim against the debtor to an official receiver within two months following the date of publication of the absolute receivership order. If the creditor is not domiciled in Thailand, the official receiver may extend this period. This principle is not applicable to secured creditors[1][1] because Section 95 of the Bankruptcy Act states that the secured creditor has rights over the assets given to him by the debtor prior to a date of receivership. → Read more

In the information age, e-commerce such as online retail sales is growing fast as a result of the vast increases in the number of people who use the internet around the world. At the same time, many criminal activities are occurring via this new way of trade communication. The traditional laws of Thailand, however, do not cover all aspects of these activities. Thus, Thailand has enacted new laws, namely, the Computer-Related Crimes Act B.E. 2550 (“Computer Crime Law”). → Read more

The Ratchaburi Court (Court of First Instance) issued a judgment on 27 April 2011, concerning advertisement of alcoholic beverages under Section 32 of the Alcohol Beverage Control Act B.E. 2551 (2008) (Act). The judgment has important implications for company directors and wholesalers and retailers of alcoholic beverages. → Read more