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Our team of lawyers is experienced in all facets of Thai law. Our expertise stretches from civil law to criminal law, encompassing family law, property law, business law, arbitration, labor disputes, intellectual property, notary services and power of attorney.

 

We offer personalized legal consultations to let you seamlessly navigate the intricacies of Thai Law.

 

Do you want to make the most of our wide range of legal services? Learn more about our exclusive Mahanakorn Club Membership, which grants all our members free legal consultations throughout the year.

 

Arbitration in Thailand

The Thai Arbitration Institute (TAI) was established to promote and develop arbitration as a dispute settlement mechanism for civil and commercial matters.

In January 2017, a much-awaited set of rules came into force. The “2017 Rules” brought about substantial changes as to how to conduct arbitrations in Thailand. The main objectives of the legislator were to improve the efficiency and consistency of the arbitrations administered by the TAI. Many procedural omissions were addressed to avoid incongruity in judicial interpretation.

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Labour Disputes

Labour Disputes are controversies that may arise between employers and their employees regarding the terms and conditions of employment, such as standard working hours, wages and fringe benefits. In Thailand, rights and obligations of both employers and employees are set forth in the Labour Protection Act of 1998, which defines the scope of mutual commitments and protects the law-abiding party against the wrongdoings of the other party.

We at Mahanakorn Partners Group provide legal defence in every instance of labour disputes, including but not limited to:

  • Employment agreements
  • Minimum wage rates
  • Working hours and overtime pay
  • Severance pay
  • Wrongful dismissal
  • Notice periods
  • Statutory holidays
  • Maternity leave
  • Warnings

In early 2017, the Thai Cabinet approved an amendment to the Labour Protection Act of 1998, which would now entitle retirees to a statutory severance pay and set the statutory retirement age at 60, which is called Proposed Default Retirement Age, unless otherwise expressly indicated in the employer’s internal policy. The amended Act is being reviewed by the Office of the Council of State, before entering into force.

The parties are generally advised to reach a compromise, whereas failure to do so would prompt the labour court to proceed with the trial. The labour court will pronounce a verdict by weighing up many factors, among which: mutual contractual rights and obligations, work environment, cost of living and level of wages, benefits in kind, employee’s hardship, status of the employer’s business, economic and social conditions to name a few. During the course of the trial, the labour court will peruse all the evidence to ensure fairness to both parties.

 

: 14 + 15 =

 

 

Power of Attorney

A Power of Attorney (POA) is a written document whereby an individual, which is referred to as the “Principal”, appoints another individual, which is referred to as the “Attorney-in-fact”, to act on his or her behalf, thus conferring authority on the attorney-in-fact to perform certain acts or functions on behalf of the principal. Powers of attorney serve the purpose of allowing the attorney-in-fact to carry out a number of dealings for the principal, as instructed by the latter, such as purchasing or selling land and properties, handling some bank accounts or maintaining a safe-deposit box, renewing visas and work permits or executing a deed for and on behalf of the principal.

A letter of attorney can be drafted to be either general, which confers broad legal authority, or special, which is limited to specific deeds. A power of attorney generally is terminated when the principal dies or becomes incompetent, but the principal can revoke the power of attorney at any time.

 

Thai Living Wills, which are regulated by the National Health Act of 2007, are a form of “conditional power of attorney”. A Living Will is an advance directive outlining what actions should be taken in the event that a person is no longer able to make decisions for themselves in case of illness or incapacity.

 

Whether you need it for personal or business reasons, we at MPG will be glad to assist you by tailoring a Power of Attorney that matches your specific requirements.