Legal Contents - GVA Professional Group

Exceptional Cases Requiring Separation Pay Upon Dismissal

by：Chikashi Kaneko, Jun Asahara [toc] In the Philippines, employers are not required to provide separation pay or equivalent monetary compensation to employees who are dismissed for just causes under the Labor Code. This is because dismissal on just grounds is attributed to the employee’s own fault. Article 297 of the Labor Code lists the following just causes for termination: Serious misconduct or willful disobedience Gross and habitual neglect of duties Fraud or breach of trust Commission of a crime against the employer or their family Other analogous causes However, even when an employee is dismissed for just cause, courts have in…

Thailand’s Labor Laws: How Employers Should Approach Labor Inspector Complaints

2025/08/13

Global

Thailand

Thailand’s Labor Laws: How Employers Should Approach Labor Inspector Complaints

by：Nitchakamon Suliya, Panatchayamol Phungam Thailand has enacted a range of labor laws designed to protect the rights of both Thai and foreign employees. Among these, the Labor Protection Act (“LPA”) plays a particularly important role, especially through the function of the labor inspector, who is empowered under the Act to receive and investigate complaints—exclusively from employees. When disputes arise between an employer and employee, the employee can choose to either: File a complaint with a labor inspector, or Bring a case to the Labor Court. In practice, most employees choose the former, as the process is generally faster, more accessible,…

Investing in Thailand: Foreign Investment Landscape and Incentives

2025/06/24

Global

Thailand

Investing in Thailand: Foreign Investment Landscape and Incentives

by：Poom Kerdsang、Arisara Rungsri 1. Introduction Thailand was one of the first countries to be severely affected by the COVID-19 outbreak, significantly disrupting its economic growth. Nevertheless, Thailand’s economy persevered and ranks among Asia’s top ten strongest economies, with a GDP growth of 3.2% in the fourth quarter of 2024[1]. Its strategic location, skilled workforce, and business-friendly policies have helped establish Thailand as a favored destination for foreign direct investment. The Thai government actively promotes foreign investment by offering a range of incentives across key industries. The Board of Investment of Thailand (BOI) provides one of the most beneficial promotional programs….

2025/04/22

Lucky Draw for the Sales Promotion Campaign

by：Viranpat Kitsuwanrat、Nanticha BoonjanIn conducting business, a sales promotion campaign that includes premium gifts or chances to win prizes is a widely popular method. Not only does it create excitement, but it also encourages consumers to make purchasing decisions. Sales promotion campaigns are regulated under the Gambling Act B.E. 2478 (1935) (the “Gambling Act”), which requires obtaining a license for conducting promotions involving premium gifts or prizes by chance (the “License”) before organizing any such activities. This article provides an overview of the legal requirements for organizing sales promotion campaigns involving such elements, which must be authorized under the law, as…

2025/04/04

Employee Welfare Fund Implement in 2025

by：Sunida Mahapiroon、Surachai ThetphukIn November 2024, Thailand issued a Royal Decree, Ministerial Regulations, and regulations concerning the Employee Welfare Fund, which were enacted under the Labour Protection Act B.E. 2541 (1998). The purpose of the Employee Welfare Fund is to provide financial security for employees in cases of resignation or death, while also offering alleviate hardship in situations where an employer terminates an employee or terminates without paying severance or other entitlements. Companies with 10 or more employees are required to enroll their employees in the Employee Welfare Fund unless the company has already enrolled them in a Provident Fund, or…

2025/02/03

Startup Visa Duration Increase Two Years Starting January 2025

by：Reki HaradaFor more legal insights, see Vol. 1 Japan Series Article Startup Visa, which offers a deeper analysis of Japan’s Startup Visa.Enhanced Opportunities for Foreign EntrepreneursWhat is the Startup Visa?What Does This Mean for Foreign Entrepreneurs?Key Details of the Startup Visa ProgramHow GVA HelpEnhanced Opportunities for Foreign EntrepreneursAs part of Japan’s ongoing efforts to strengthen industrial competitiveness and establish a global hub for economic activities, the government has announced an increase to the maximum duration of the Startup Visa.Effective January 1, 2025, the period of stay under the Startup Visa will increase from the current maximum of eighteen (18) months…

2024/02/06

Japan Series Article Startup Visa

by：Poom KerdsangFor more legal insights, see Vol. 2 Startup Visa Duration Increase Two Years Starting January 2025, which offers a deeper analysis of Japan’s Startup Visa.A. What is the Startup Visa System?B. Why Startup Visa System?C. Benefits of the Startup Visa System1. Time-Saving2. Cost-Effective3. AutonomyD. The procedure for applying for the Startup Visa.1. Preparing the necessary documents.2. Applying to the authority3. Receiving the result.4. Submitting visa applicationE. After a Startup Visa is obtained1. Setting up physical Office2. Incorporation3. Preparing for the Start of business,4. Various administrative applications.5. Application for changing the Status of Residence to Business Manager VisaF. Restrictions on…

2023/12/26

Basic Legal Information on Japan – Visa Requirement for Doing Business in Japan – Business Manager Visa (Part One)

by：Saiful Aziz、Poom KerdsangDetail of the Business Manager VisaRequirements for obtaining a Business Manager VisaThe Periods of Stay for Business Manager VisaThe advantages of the Business Manager VisaThis is the fifth in a series of articles from GVA Global LPC providing basic legal information to foreign companies and individuals planning to do business in Japan. This series of articles will highlight Japanese laws and regulations, which are central to their need to smoothen their business venture into the Japanese market. Our past article regarding the procedure to establish local companies in Japan indicated that there is no restriction for foreign entities…

2023/12/14

Basic Legal Information in Japan – Law on Importing Food Products into Japan

by：Takuma Yoshioka、Saiful Aziz、Poom KerdsangThis article is the fourth in a series of articles from GVA LPC providing basic legal information to foreign companies and individuals planning to do business in Japan. This series of articles will highlight Japanese laws and regulations, which are central to their need to smoothen their business venture into the Japanese market. For foreign companies that intend to do business in Japan that involves the importation of food products into Japan, it should be noted that in Japan, there is no requirement to obtain a specific or special ‘license’ to be able to have the right to…

2023/10/31

Basic Legal Information on Japan – Labor Law in Japan-

by：Mai Miyamoto、Poom Kerdsang、Saiful Aziz1. Overview of the Labor Standards Act2. Overview of the Labor Contract ActThis article is the third in a series of articles from GVA GLOBAL LPC providing basic legal information to foreign companies and individuals planning to do business in Japan. This series of articles will highlight Japanese laws and regulations, which are central to their need to smoothen their business venture into the Japanese market.In Japan, the Labor Standards Act and the Labor Contract Act stand as principal laws that delineate the rights of workers and the duties of employers. These laws, while prioritizing the protection…

2023/09/27

Basic Legal Information on Japan – Protection of Trademark in Japan

by：Takuma Yoshioka、Poom Kerdsang、Saiful AzizThis is the second in a series of articles from GVA LPC providing basic legal information to foreign companies and individuals who are planning to do business in Japan. This series of articles will highlight Japanese laws and regulations which are central to their need to smoothen their business venture into the Japanese market. For foreign companies that are planning to venture into the Japanese market, it is vital to consider protecting their intellectual property rights. Intellectual property rights refer to an assignment of property rights through patents, copyrights, and trademarks. The protection of intellectual property is crucial…

2023/08/29

Basic Legal Information on Japan – Types of Legal Business Entities in Japan

by：Mai Miyamoto、Poom Kerdsang、Saiful AzizA. Representative OfficeB. Branch OfficeC. Subsidiary Company (Japanese Subsidiary)SummaryThis is the first in a series of articles from GVA LPC providing basic legal information to foreign companies and individuals that are planning to do business in Japan. This series of articles will highlight Japanese laws and regulations which are central to their need to smoothen their business venture into the Japanese market. Foreign business operators need to be well prepared for setting up their businesses in Japan. This article will briefly explain the types of business entities in Japan. The following are the type of legal business entities…

2022/08/05

Introduction to the NFT Marketplaces in Japan

By：Yuhao LiForeign Attorney (China) & Administrative Scrivener”What are the major NFT marketplaces in Japan?””What are the features of Japan’s NFT marketplaces? “If you have any questions like this, please be sure to read this article.This article makes a brief introduction of the features and points to note about the NFT marketplaces in Japan, as well as an overview of the major NFT marketplaces in Japan. Regarding NFT marketplaces, there is an image that those in English-speaking world are more advanced, but there are still many good marketplaces in Japan as well. On the other hand, the NFT marketplaces in Japan have…

2022/04/27

A Brief Discussion on NFT Under Japanese Law

By：Yuhao LiForeign Attorney (China) & Administrative ScrivenerJapan currently has a legal system that explicitly regulates crypto currency. But for NFT (Non-Fungible Token), the same does not exist by now. However, there are also areas of prohibition within the current laws and regulations. If you go into them, you may be unexpectedly in conflict with the law.NFT is attracting attention as a representation of “asset value” such as digital art and in-game items. However, in Japan, NFT is a new “asset” and, therefore, the legislation has not kept pace. Therefore, there are many uncertain legal risks.This article gives you a brief…

2022/04/20

REPUBLIC ACT NO. 11659 AMENDING THE “PUBLIC SERVICE ACT” OR COMMONWEALTH ACT NO. 146

by：Chikashi Kaneko、Vann Allen P. dela Cruz1. What is the background of the revision?The Philippine Constitution provides that the operation of a “public utility” shall only be granted to Philippine citizens or to corporations owned by Philippine citizens by at least sixty percent (60%). Thus, limiting foreign ownership over public utilities to a maximum of forty percent (40%). However, the Philippine Constitution did not define what is a “public utility” leaving the definition to government regulators or even the courts.Based on previous rules, “public utility” and “public service” were interchangeable with each other. In the case of Republic of the Philippines…

2022/03/31

Arbitration in the Philippines (English)

by：Chikashi Kaneko、Miracle Anne Rodriguez　Arbitration is a mode of dispute resolution under Republic Act No. 876 or the “Arbitration Law” and Republic Act No. 9285 or the “Alternative Dispute Resolution (ADR) Act”. It is a voluntary dispute resolution process in which one or more arbitrators, appointed in accordance with the agreement of the parties, or the applicable rules, resolve a dispute by rendering an award. 　Arbitration and other ADR methods are favored over court actions, which usually take a much longer time to resolve. Unlike in court trials, the parties to arbitration are free to decide on the applicable substantive law, the…

2017/12/15

Foreign Investment in Malaysia (English)

A Qualified Advocate and Solicitor under the Malaysia law（Not admitted in Japan） / Saiful AZIZSince 2009, the Malaysian government has gradually liberalized foreign participated in the services sector as a way to encourage foreign investment to invest in Malaysia. The liberalization of these service subsectors would mean that equity restriction for foreigner ownership is abolished and would permit 100 percent foreign ownership in these subsectors. To strengthen the liberalization “incentive”, the government also removed the Foreign Investment Committee (FIC) Guideline. By removing this Guideline, approval of the FIC is not required for transaction for merger, takeover and acquisitions of interest…