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BUSINESS

The reach and liabilities of the Personal Data Protection Act

Chusert Supasitthumrong, Partner , Dispute Resolution Department, Tilleke & Gibbins, Bangkok, Published on 03/09/2019

» Earlier this year, Thailand enacted its Personal Data Protection Act (PDPA), which was published in the Government Gazette on 27 May 2019. Most parts of the PDPA will become effective one year after this, on 27 May 2020. As the PDPA will have broad impact across multiple aspects of most businesses—including their human resources operations—lawmakers provided this one-year period for those affected to prepare for compliance with the PDPA.

BUSINESS

Has the minimum wage outlived its usefulness?

Thomas Payne, Principal, AAI-Assessment Asia Co., Ltd., Published on 27/08/2019

» The minimum wage was introduced to Thailand in the mid 1970's as a way to protect against basic labour being taken advantage of and provide a guaranteed minimum wage for all workers. However, it was never applied to "all workers". The International Labour Organisation (ILO) said that this was the "minimum sum payable to a worker for work performed or services rendered, within a given period, whether calculated on the basis of time or output, which may not be reduced either by individual or collective agreement, which is guaranteed by law and which may be fixed in such a way as to cater to the minimum needs of the worker and his/her family, in the light of national economic and social conditions".

BUSINESS

Personal Data Protection Law: Implications for companies and individuals

Parichart Jiravachara, Partner, Risk Advisory, Deloitte Touche Tohmatsu Jaiyos Advisory Co., Ltd., Published on 20/08/2019

» What constitutes a data breach? What are the challenges and focus areas? How do data protection frameworks figure? And how should we shape a DLP (data leakage prevention) program?

BUSINESS

Changes to workplace relocation laws in Thailand

Pimvimol (June) Vipamaneerut, partner and Dusita Khanijou, consultant, Tilleke & Gibbins, Published on 05/08/2019

» On May 5, 2019, amendments to Thailand’s Labour Protection Act (LPA) introduced changes to a variety of employer obligations to enhance employee protection, including statutory severance pay, maternity leave, and paid necessary business leave, among others. It also set out key amendments to the law governing workplace relocation, and employers should be sure to familiarize themselves with these new provisions due to their potential impact on business operational decisions in future.

BUSINESS

Cambodia issues new rules on contracts and compensation

Jay Cohen, Director and Pichrotanak Bunthan, Associate, Tilleke & Gibbins Cambodia, Published on 07/07/2019

» In 2019, Cambodia’s Ministry of Labour and Vocational Training (MLVT) has been active in amending the Labour Law and revising long-standing practices. These amendments and revisions have brought much-welcome clarity to employers on requirements of the MLVT and interpretations of the Labour Law, and have further provided meaningful benefits to employees.

BUSINESS

Taking care of intellectual property generated by employees

Piyawat Kayasit, Tilleke & Gibbins, Published on 10/06/2019

» Intellectual property (IP), such as trademarks, copyrighted works, designs, inventions and trade secrets, is a valuable asset for many companies. It brings with it market advantages and distinguishes one company’s business from another’s. Hence, it is important for company management to recognize and manage their IP portfolios properly.

BUSINESS

Ramadan in the workplace: accommodating diversity

Christopher F. Bruton, Dataconsult Ltd., Published on 27/05/2019

» The Muslim Holy Month of Ramadan is now drawing towards its close. The duration of the month depends on the lunar calendar, and therefore varies somewhat each year. The start and end of Ramadan depends upon the sighting of the moon. However, whereas in ancient times it was really necessary to be able to sight the moon in order to announce the start and end of the month, nowadays there are modern, worldwide methods of such timing, although traditional announcements are still made.

BUSINESS

Employers brace themselves as new Personal Data Protection Act looms

Pimvimol (June) Vipamaneerut, partner, and Gvavalin Mahakunkitchareon, attorney-at-law, Tilleke & Gibbins, Published on 29/04/2019

» The draft Personal Data Protection Act (PDPA) was approved by the National Legislative Assembly in February 2019, raising concern among business entities over the need for increased diligence to ensure adherence to the provisions. Running a business often entails handling the personal data of employees, contractors, suppliers, customers, and others. Any personal data collected could be subject to the provisions of the PDPA, and as employee data falls under the PDPA, all businesses, should be prepared to deal with the impact of the PDPA.

BUSINESS

Rotating and transferring employees in Thailand--lessons from the supreme court

Chusert Supasitthumrong, Partner, Tilleke & Gibbins, Bangkok, Published on 01/04/2019

» Multinationals with affiliated companies in several locations routinely transfer employees of all levels between their affiliates and other offices, and it is increasingly common in smaller companies too. However, employers are often unclear on their rights and obligations when rotating or transferring employees--especially in Thailand where these are separate concepts treated differently by Thai labour law. This article will examine some common (and frequently litigated) issues of which employers should be aware regarding the rotation and transfer of employees.

BUSINESS

Employers beware: The Labour Protection Act gets serious

Pimvimol (June) Vipamaneerut, Partner in Tilleke & Gibbins' Bangkok, Published on 04/02/2019

» Thailand's labour laws have long been known for the strength of protections afforded to employees. Continuing this trend, a slew of new amendments to the Labour Protection Act (LPA), passed on December 13, 2018, will further enhance worker protection, improve working conditions, and impose sanctions on employers who fail to uphold them.