H&P Lawyers in Bangkok have prepared this legal article for April 2023 summarizing the most relevant new laws and regulatory amendments in Thailand.
On this regard our Bangkok lawyers would like to highlight the following relevant updates in the area of Labor Law, Technology Crimes, geographical indications, Intellectual Property and Thailand Board of Investment.
NEW THAI LABOR PROTECTION LAW
The Amendments of Thai New Labor Law will take effect next 18th of April 2023 on two main legal aspects such as work from home policy and the refusal of employees to communicate after work hours.
This new amendment supports the “Working from home” policy that started during the pandemic. From now on, the employer and employee can agree to work outside the employer’s office.
In the case of work that can be done outside the employer’s office, this amendment aims to provide more benefits for the employer to reduce electricity consumption and enhance a better lifestyle for the employee. The employer and employee can agree that the employee can work from home or somewhere else with access to internet.
This allows working from home and working at the office to have the same rights as the amendment aims to help to reduce traffic congestion that is very common in Bangkok and to reduce pollution in the air.
In addition to the new “work from home” policy, the cabinet also amended the employee right to refuse to communicate with the employer outside working hours.
LEGAL UPDATE ON THE EMERGENCY DECREE ON TECHNOLOGY CRIME ACT BE 2566
This new law intends to fight in a more efficient way internet crimes and implement a counter technology crimes policy in Thailand such as fraud or romance scams. This new regulation will allow to close bank accounts within 72 hours and will target the nominee bank accounts or mule bank accounts and nominee SIM cards involving criminal activities on social media and internet.
Now with this law the victims can via their lawyers in Thailand report directly to the bank to stop the bank transfers but the timeframe should be within 72 hours.
E-FILING ON GEOGRAPHICAL INDICATIONS WITH THE DEPARTMENT OF INTELLECTUAL PROPERTY
Last 24th of March 2023, the Department of Intellectual Property in Thailand announced that applicants can file a Geographic Indication with the DIP via online. In addition it is possible to file a complaint or an appeal against a Geographic Indication via DIP.
With this E-filing way, the system will examine every document before proceeding further.
THAILAND BOARD OF INVESTMENT APPROVES 56.6 BILLION THAI BAHT IN PROJECTS, HQ BIZ PORTAL AND UPDATES ON LTR VISA
Thailand BOI approved more than 50 billion baht in investment projects, both in energy and digital
Since the beginning of March, the BOI, the Revenue Department, the Department of Business Development, and the Bank of Thailand Launched the HQ Biz Portal system, a center for information related to establishing the regional office and an online appointment system to facilitate entrepreneurs interested in establishing a regional office in Thailand.
Regarding LTR visa, the government continue its policy of attracting high skilled professionals into Thailand. Thailand BOI has proposed adding and improving the targeted industries as follows:
1) Automotive industry.
2) Electronics industry.
3) Quality tourism industry.
4) Agriculture industry, Food and Biotechnology.
5) Transport and Logistics.
6) Automation and Robotics.
7) Aviation Aerospace.
8) Biofuels and Biochemicals.
9) Petrochemicals and Chemicals.
10) Digital Industries.
11) Medicine.
12) National Defense.
13) Industries directly supporting the circular economy include fuel production from waste. Water resource management.
14) International Business Center (IBC).
15) Other industries that require work using specialized skills in specific areas, such as researchers in targeted industries or technologies or experts in various fields, including artificial intelligence (AI), digital systems, finance, environment, and energy, in startup incubation programs, and organizations promoting trade and foreign investment.
If you need legal advice in Thailand, please contact our lawyers in Bangkok at [email protected]
