Thailand Legal and Business News: June

Supreme Court Opinions

DIVORCE
• Mrs.Thidatip Srirun vs. Mr. Lerts Srirun

The plaintiff registered her marriage with the first defendant, who thereafter registered a subsequent marriage with the second defendant and lived with the second defendant as husband and wife although the first defendant and the plaintiff had not yet divorced. The plaintiff filed a divorce in Thailand and claims for right to child support payment from the first defendant. The Supreme Court overturned the ruling of the Appellate Court on child support payment issues in this case.

CONDOMINIUM
• Miss Napit Injan vs. Sabkeaw Co., Ltd

The plaintiff (buyer) did not make the transfer of condominium ownership within the specified time as stated in the letter the defendant (seller) claimed was sent to the plaintiff, yet the defendant made another appointment to transfer ownership of the condominium unit at a later date, and permitted the plaintiff to inspect the cracks in the wall of the disputed unit. The court finds that, although the defendant's letter stated that the agreement would be terminated if the transfer of ownership was not made in the specified period, the agreement was not invalidated in this instance as the defendant's actions were indicative of the defendant's intentions to sell the condominium unit.

ADVERSE POSSESSION OF LAND

Mrs. Payoun Keawketthong et al. vs. Mr. Kamol Tanangsanakul by acting representatives Mr. Koukert Tanangsanakul et al.

Adverse possession of the land of another person, permitted according to section 1382 of the Civil and Commercial Code, is subject to possession of land with a title deed only and based on the condition that the trespasser must have resided on the land for a continuous period of 10 years or more. Based on this condition, the defendants were deemed not entitled to ownership of the disputed land.

Thailand Legal News Updates:

NEWS :

REVISED DAILY MINIMUM WAGE FOR THAILAND

2 June 2008

To offset the rising costs of diesel and other essential goods, the Labor Ministry increased the daily minimum wage for Thai workers, with varying rates for different provinces. The change took effect throughout Thailand on 1 June 2008.

A foreign employer employing Thai employees must pay not less than the daily minimum wage, as required by law, in order to renew his/her visa and work permit. When a foreign employer applies for visa renewal, government authorities will review the wages of his employees from their social security and tax (Por Ngor Dor 1) document. If the wages are less than the daily minimum wage, government authorities will not renew the employer's visa and work permit.

For employees receiving a monthly salary, sources report that Immigration considers the weekends to be paid leave days. This means that employees must be paid not less than the daily minimum wage for Saturdays and Sundays also. As an example, Bangkok employees must make not less than 6,090 baht per month. This amount is calculated by taking the daily minimum wage for Bangkok of 203 baht and multiplying it by 30 days (203 x 30 = 6,090 baht).

REVISED DAILY MINIMUM WAGE FOR THAILAND

NO.	PROVINCE	DAILY WAGE
1	Bangkok, Nakhon Pathom, Nonthaburi, Pathum Thani, Samut Prakan, and Samut Sakhon	203
2	Phuket	197
3	Chon Buri	180
4	Sara Buri	179
5	Chachoengsao, Phra Nakhon Si Ayutthaya, and Rayong	173
6	Nakhon Ratchasima	170
7	Ranong	169
8	Phang Nga and Chiang Mai	168
9	Krabi and Kanchanaburi	165
10	Phetchaburi and Ratchaburi	164
11	Chanthaburi, Prachin Buri, and Lop Buri	163
12	Loei	162
13	Sing Buri and Ang Thong	161
14	Prachuap Khiri Khan, Samut Songkhram, and Sa Kaeo	160
15	Chumphon and Uthai Thani	158
16	Chiang Rai, Trang, Songkhla, Nong Khai, and Udon Thani	157
17	Kamphaeng Phet, Trat, Nakhon Nayok, and Lamphun	156
18	Kalasin, Nakhon Si Thammarat, Nakhon Sawan, Buriram, Pattani, Phatthalung, Petchabun, Yasothon, Yala, Sakon Nakhon, Satun, and Surat Thani	155
19	Khon Kaen, Chai Nat, Roi Et, Lampang, Suphan Buri, Nong Bua Lamphu, and Ubon Ratchathani	154
20	Nakhon Phanom, Narathiwat, Mukdahan, and Amnat Charoen,	153
21	Phitsanulok	152
22	Tak, Nan, Maha Sarakham, Mae Hong Son, Sukhothai, and Surin	151
23	Phayao, Phichit, Phrae, and Sisaket	150
24	Uttaradit	149
25	Chaiyaphum	148

Marriend Women Permitted to Choose Title "Miss" or "Mrs"

5 June 2008

The new Titles for Women Act allows married women to choose whether they wish to use the title "Miss" or "Mrs" and to select their preferred surname - either their maiden or married surname. This act also applies to divorcees. Government authorities caution that the title or surname selected by women should be the same for all official documents. The women must process their name change at the district office based on the women's Household Registration document.

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