Legal offers Thailand with 3LawyersThailand today: Legally a long term lease or leasehold agreement can under Thai law best be described as a prepaid tenancy contract. Lease is in the Thailand Civil and Commercial Code placed under the chapter ‘specific contracts’, meaning that it is not a real property right (asset) or true leasehold but a personal contract right primarily attached to the lessee. Lease in Thailand is not a fixed asset. A lease agreement in Thailand can be terminated premature (breach of lease contract), cannot be mortgaged, is under rent of property laws not automatically inheritable and the lessee only has a legal right to sub-let and assign the remaining period left on a lease when this is agreed in the lease agreement. Assignment of the lease agreement always requires cooperation and approval of the owner of the property and registration at the Land Department (which can only be done by the Thai owner). Fill out the form : Let us know about your legal problem. Just fill out our form. It only takes 2 minutes. See more details about search and find a lawyer in Thailand.
The assistance of lawyers is crucial in the drafting, negotiation and implementation of these instruments. Lawyers are prepared to take clients through their rights and safeguards before acts are committed, or signatures are affixed. Expect lawyers to also explain to you all possible legal consequences which may result from an act. Essentially, proper lawyer consultation results in more learned decisions. Real estate or property law in Thailand is the area of Thai law that governs the rights of use, possession and various forms of ownership of immovable property (land, house, condominium). In this article a brief legal introduction to the most common real estate laws in Thailand.
Under Thailand labour law an employee is entitled to annual sick leave of 30 working days per year, with full pay. In addition to sick-leave, a pregnant woman is entitled to 90 days of maternity leave (inclusive of holidays), including 45 work days at full pay. Employment termination with cause (in which event the employer can terminate employment without notice and/or compensation) is governed by the provisions of Section 583 of the Civil and Commercial Code and Section 119 of the Labour Protection Act, and includes gross negligence, willful disobedience, dishonesty or criminal act. When there is employment termination without cause, it is compulsory under employment laws that the employer make severance payment (in addition to notice) to the employee according to the length of unbroken service.
Foreigners and foreign juristic persons may own an apartment unit in a building registered and licensed under the Thailand Condominium Act. Section 19 of this act governs foreign ownership of condos, which among others puts a limit on foreign ownership in a condo building and not more than 49% of all units in a condo project can be foreign owned. When the aggregate floor space of all units combined is 6000 square meters 2940 square meters can be foreign owned, or in case of 100 equal apartment units in one condo building up to 49 of the units can be foreign-owned, 51 or more must be Thai owned. In addition foreigners must qualify for ownership under section 19 which usually means that the foreigner must have brought into Thailand foreign currency at least equal to the total purchase of the condo and having exchanged this amount into Thai baht. The recipient bank inside Thailand will supply documents of the remittance and exchange of foreign currency and such proof must be submitted to the Land Department in order to register foreign ownership. It should be noted that foreign ownership is an individual personal right of the foreigner who qualified under section 19 and therefore foreign ownership of the unit is not transferable to another foreigner unless this foreigner (including foreign heirs) also individual qualifies for ownership under section 19 of the Condominium Act.
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