Onne of the questions I’m often asked is what some of the differences are between Thai law and law in the places I previously practiced, Canada and the United States. My standard answer involves a brief overview of the differences between civil law and common law and is almost always a snooze fest. It’s a fine question to ask, as it seems interesting, but it usually takes around three seconds for boredom to overwhelm everyone in the room. That’s usually because I’m asked the question in a business context, and the professional guy that I am, I feel compelled to give a professional, albeit boring answer.
Fortunately for you, my purpose here is not just to inform you, but also to entertain you. As such, I’m not going to address the boring differences between Thai law and law in Canada in the USA, but instead highlight some of the surprising, lesser known laws I’ve discovered in my time in Thailand.
Possession of playing cards
As you may already know, gambling is largely prohibited in Thailand. It’s legal to play the state sanctioned lottery and to lay down a few baht on the ponies at the track in Bangkok, but that’s it. What you may not know is that the mere possession of 121 or more playing cards is enough for you to face a prison sentence of up to three years. So, if you must sit through the occasional game of “Go Fish” with your kids, be sure to have no more than two decks of cards in the house, or the next game you play may be with your cellmate (and if this happens, remember to only have 2 or less decks of cards in your cell).
Sexually harassing employees
Do you feel the urge to slap an employee’s butt every now and then? If so, I hope you got your butt slapping in before 2008. Between 1998, when the Labor Protection Act was enacted, and a 2008 amendment, it was illegal to sexually harass women and children in the workplace, but the prohibition on sexual harassment did not extend to men.
Female construction workers
There is no prohibition against employing female construction workers. However, if a female construction worker is employed, it is illegal to require her to work on scaffold ten or more metres above the ground. Nine metres, that’s fine. Ten metres, that may lead to a prison sentence of up to six months.
Horn honking
So, you’re driving along the road and you see your old pal walking by and want to get his attention. You better roll down your window and yell, because under the Land Traffic Act you could be fined if you honk your horn for any reason other than to avoid an accident.
Sterilization = Time off work
Have you already used up your annual leave, but you still want some time off from work? You should consider getting sterilized. The Labour Protection Act explicitly allows people who get sterilized to have as much time off from work as a doctor prescribes.
Passing school buses
Back home in Canada, you’re not allowed to pass a school bus that is picking up or dropping off a child. In Thailand, all you’re required to do is slow down and pass the bus with care.
Pregnant drivers
There is nothing wrong with asking a pregnant woman to drive somewhere. Unless, that is, you are her employer. In such case, if you require her to drive somewhere, you could face up to six months in prison.
Surnames upon divorce
After getting married, either spouse may use the last name of the other according to agreement. This probably won’t shock you, although you might be somewhat surprised by the progressive gender neutrality of this law. What is more surprising is that if a marriage is dissolved by divorce or a judicial decision, the spouses MUST revert to their former names. If a marriage ends by death, however, the surviving spouse may opt to keep the married name.
Impolite taxi drivers
I’m a bit young to have watched the late 70s / early 80s TV show “Taxi”. However, I believe that many of the characters in that show would have had trouble operating in Thailand, as taxi drivers in Thailand may be fined if they are impolite or sarcastic to passengers. I did a few minutes of research for this admittedly poor Taxi joke, and Wow, what a cast! Judd Hirsch! Danny DeVito! Christopher Lloyd! Andy Kaufman! Tony Danza! Maybe the next article will be a review of Taxi...
Holiday entitlement
While there are a minimum of 13 holidays that employees get to enjoy (usually coinciding with government or other traditional holidays), employees do not get to choose the dates of these days off work. When it comes to vacation days, employees in Thailand are not guaranteed any in their first year of work.
Once a full year of work has been completed, employees in Thailand are guaranteed only six vacation days by law. The number of vacation days guaranteed by law does not increase any further; an employee of 30 years is still only guaranteed six vacation days (in addition to the 13 statutory holidays) by law.
Motorcycling monks
If you’re caught riding a motorcycle without a helmet, you could face a 500 baht fine. Unless you’re a monk, in which case it’s legal to not wear a helmet.
Impersonating a schoolboy/schoolgirl
It is illegal to wear a student uniform or clothes similar to a student uniform if (a) you’re not a student and don’t have special permission to wear the uniform; and (b) it's for the purpose of deceiving another person into believing you’re a student. This is a somewhat reasonable law, as you can imagine there being sinister purposes for the deception. The penalty, however? Up to 1,000 Thai baht.
Red lights
It may surprise you to learn that cars in Thailand are required to stop at red lights.
Contact info:
Hughes Krupica Consulting
PHUKET (HEAD OFFICE)
Hughes Krupica Consulting Co. Ltd
23/123-5 Moo 2 Kohkaew Plaza
The Phuket Boat Lagoon
T. Kohkaew Amphoe Muang
Phuket 83000 Thailand
Tel: (0) 76 608 468
BANGKOK (SERVICED OFFICE)
Hughes Krupica Consulting (Bangkok) Co. Ltd
29/41 Soi Ladprao 22
Ladprao Road
Chankasem, Chatuchak
Bangkok 10900 Thailand
Tel: (0) 20 771 518
[email protected]
www.hugheskrupica.com
Contact info:
Hughes Krupica Consulting
PHUKET (HEAD OFFICE)
Hughes Krupica Consulting Co. Ltd
23/123-5 Moo 2 Kohkaew Plaza
The Phuket Boat Lagoon
T. Kohkaew Amphoe Muang
Phuket 83000 Thailand
Tel: (0) 76 608 468
BANGKOK (SERVICED OFFICE)
Hughes Krupica Consulting (Bangkok) Co. Ltd
29/41 Soi Ladprao 22
Ladprao Road
Chankasem, Chatuchak
Bangkok 10900 Thailand
Tel: (0) 20 771 518
[email protected]
www.hugheskrupica.com
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