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Legal blog
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Exceptional Cases Requiring Separation Pay Upon Dismissalby：Chikashi Kaneko, Jun Asahara 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…
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Thailand’s Labor Laws: How Employers Should Approach Labor Inspector Complaintsby：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,…
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Investing in Thailand: Foreign Investment Landscape and Incentivesby：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….
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Lucky Draw for the Sales Promotion Campaignby：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…
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Employee Welfare Fund Implement in 2025by：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…
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Startup Visa Duration Increase Two Years Starting January 2025by：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…
