Thai Bits: Some Info About Thai Employement Contracts, Thai Cabinet Is Looking At A 10-year Visa

The Ins and Outs of Thai Employment Contracts

The law in Thailand does not require an employment contract to be in writing, despite what many foreigners believe. Under normal circumstances, a verbal agreement between an employer and employee is sufficient to create a legally enforceable employment contract. Thai lawyers highly recommend it. However, that an employment contract is drawn up to avoid any misunderstandings.
Several employers use fixed-term employment contracts, but if the employee continues to work after the end of the contract and the employer does not challenge it, the law now considers them to be working on a non-fixed-term contract. A fixed-term contract must be in writing, specify a termination date, and cannot include a probationary period. At the end of the contract period, an employee is not required to give prior notice. The term of a fixed-term employment contract cannot be terminated early without any default by either party nor can it be renewed at the end of the term.
Thai law considers each case individually if there is a dispute. Nevertheless, if the worker is paid regularly regardless of whether or not the work has been completed, the courts will consider him or her a regular employee and grant the same termination and severance rights. An individual who is paid a lump sum at the end of a job is more likely to be considered a contractor. A court may also consider other factors when determining whether an agreement constitutes an employment agreement, including whether the employer has the authority or right to order, control, or direct the contractor in carrying out the assigned work, and the contractor has a higher degree of independence and flexibility regarding work hours and performance.
To avoid any issues later on, it is always best to have a clear contract when hiring employees or being hired yourself. Sunbelt Asia’s lawyers can assist you in drafting contracts or reviewing ones you have already received. For more information, please email legal@sunbeltasia.com.

Thai AGency Recommends a 10-year visa to the Thai Cabinet

Centre for Economic Situation Administration (CESA) approved in principle a scheme last month to grant long-stay visas to four categories of foreigners: rich global citizens, wealthy retirees, rich professionals working in Thailand, and highly skilled professionals. The Deputy Prime Minister plans to propose this new visa scheme to the Cabinet. Visas would be valid for ten years with the ability to purchase land and property if approved by the Cabinet.

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