Legal Section - Doing Business

You will find here a series of summaries providing an overview of useful legal regulations, processes and legal issues for Doing Business in Thailand.

Overtime hours

Under the Labour Protection Act (“the Act”), an employer generally cannot force an employee to work more than the normal working hours set out in the employment agreement, or on a holiday.

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Automatic registration of an employer with the Social Security Fund

After an entrepreneur establishes a legal entity with the Department of Business Development (“DBD”), it is required to register itself as an employer and its employees with the Social Security Office (“SSO”) within 30 days of employment in accordance with the Social Security Act. The current registration process is often inconvenient and cumbersome.

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Exemption from remitting minimum capital

A company which must apply for a foreign business licence (“an FBL applicant”) to conduct a business restricted under the lists annexed to the Foreign Business Act, such as engineering and service businesses, must have minimum capital of at least THB 3 million or 25% of estimated expenditures for three years, whichever is greater.

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Medical certificate for work permit applications

Under the Emergency Decree on Managing the Work of Foreigners, all foreigners working in Thailand, including those entitled to work in Thailand under the BOI law on investment incentives, the petroleum law, and other laws (such as the industrial estates law), who apply to obtain or renew a work permit in Thailand, must submit a medical certificate certifying that the applicant does not have the following conditions or diseases.

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Updated DBD Data Warehouse

The Department of Business Development (DBD), Ministry of Commerce, keeps records of certain information, such as company affidavits and financial information, for Thai legal entities, and the public can browse its “data warehouse” website and see this information. Previously, this information was only in Thai, so it was not very useful for foreign investors. However, the DBD recently updated the data warehouse, and some information is now available in English.

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