Anuwat Ngamprasertkul : IAS Advisory

December 18, 2024December 18, 2024Anuwat Ngamprasertkul, National TViasadmin

MEDIA: key takeaways about “quiet firing” and employee rights

“Quiet firing” is a subtle, often silent, form of constructive discharge/dismissal, which is when an employee is compelled to leave their job because of a hostile work environment or because of intolerable work conditions created by their employer.

The practice involves demoralising employees enough so they decide to quit voluntarily. The work environment is made so challenging or unfulfilling that the employee begins to question their own worth and feels they don’t have a future with the company.

Quiet firing can be difficult to identify and prove, but signs to look out for include: being intentionally isolated or frozen out; being excluded from activities, such as meetings you once attended; being marginalised or quietly sidelined; unexpectedly having your duties or responsibilities changed, or hours reduced; being assigned less challenging tasks, or very demanding tasks and being set up to fail; having achievements overlooked; being passed over for opportunities, or demoted without justification; and having support gradually withdrawn and getting minimal or no feedback.

Some companies seek to avoid the negative consequences associated with formal termination and utilise quiet firing as a matter of routine. Often the reason is to avoid paying severance, but it may also be to escape other legal liabilities, to maintain a good business reputation (superficially, at least), or even just to create space for new hires or clear those deemed “not the right fit.”

So, what action can employees take when faced with this situation? How do you counter the threat of quiet firing? How do you prove constructive dismissal? If you’re worried about being laid off without compensation, what should you do?

Join the discussion with IAS Advisory co-founder Mr Anuwat Ngamprasertkul in an episode of the popular evening TV programme Home Economy, hosted by veteran news anchor, reporter and journalist Dr Wit Sittivaekin.

This episode premiered on Tuesday 26th November 2024 on Thai PBS, Thailand’s public broadcasting service. Disclaimer: all content is owned by Thai PBS. Visit the Thai PBS website here:: https://www.thaipbs.or.th/home

December 4, 2024December 18, 2024Anuwat Ngamprasertkul, Cover Storyiasadmin

Anuwat featured in ABLJ’s cover story on geopolitics & business in Asia

IAS Advisory co-founder Mr Anuwat Ngamprasertkul was pleased to contribute to Asia Business Law Journal (ABLJ)’s recent cover story and editorial feature “Risky Business,” which was published on Monday 25th November 2024.

Against a worrying backdrop of two hot wars, trade conflicts, tit-for-tat international sanctions and cyber-threats, ABLJ engaged some of the top lawyers and in-house counsel in Asia to discuss the specific geopolitical risks and threats that are impacting them, as well as their strategies for success and survival.

Jurisdictions covered in ABLJ’s feature include Singapore, Japan, China, Hong Kong, Vietnam, South Korea, India, Indonesia, The Philippines, and Thailand.

Read the full cover story HERE.

November 20, 2024December 18, 2024Anuwat Ngamprasertkul, National TViasadmin

MEDIA: things to be aware of before nationwide wage increase takes effect

The Thai government’s decision to increase the daily minimum wage rate in the country to THB 400 has been getting significant attention. While many advocate for higher wages to support workers, others are concerned about the overall impact on the economy.

Some analysts believe that businesses will simply pass on the additional labour costs to consumers, driving up the price of goods and services, limiting consumer spending, and potentially leading to higher inflation. Other analysts say that businesses will have no choice but to announce layoffs and redundancies.

As the law moves closer to implementation, it is important for both employers and employees to understand the broader economic consequences and their rights under this new policy.

This episode premiered on Monday 11th November 2024 on Thai PBS, Thailand’s public broadcasting service. Disclaimer: all content is owned by Thai PBS. Visit the Thai PBS website here:: https://www.thaipbs.or.th/home

October 30, 2024November 18, 2024Anuwat Ngamprasertkul, IAS Advisory, NIAiasadmin

Anuwat discusses “Foreign Laws Entrepreneurs Should Know” at NIA

IAS Advisory co-founder Mr Anuwat Ngamprasertkul was honoured to give a lecture at the National Innovation Agency (NIA)’s recent seminar for entrepreneurs.

The NIA, a former government agency under the Ministry of Science & Technology, is a public organisation that promotes national innovation projects in Thailand. It also creates opportunities to access and utilise systems and infrastructure. The agency’s goal is to transform supply into value chains based on the country’s competitive advantages and on sustainable values.

Attendees of the event, which took place on Monday 21st October, were welcomed by Dr Surarat Supachaturat, the NIA’s Deputy Director for Economic & Social Affairs. Other speakers included Dr Sutthirak Duangburong, Senior Innovation Developer from the NIA’s Economic Innovation Division.

Anuwat was invited to address entrepreneurs and other innovators who are considering expanding operations and leveraging joint business overseas. His lecture focused on international laws and practices they should be aware of to help ensure compliance and mitigate risk.

Prior to venturing into foreign markets, entrepreneurs should consider: business formation, registration and licensing laws; foreign investment rules and regulations; contract law; taxation; and trade regulations and import/export controls. Also, laws related to dispute resolution and data privacy and personal data protection.

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October 16, 2024November 18, 2024Anuwat Ngamprasertkul, National TViasadmin

MEDIA: Thailand to lift foreign condo ownership cap & extend lease terms

Home ownership is a dream for many Thai people. Yet, the number of mortgage applications being denied is rising steadily. The Thai government has announced stimulus measures to boost local people’s purchasing power but also to attract additional foreign investment into the country’s real estate sector. These measures include proposals to increase foreign ownership quotas for condominiums from 49% to 75% and extend land leasehold terms from 30-50 years to 99 years.

Concerns are being raised by local people about already soaring property prices and the impact on housing markets of foreigners using condos as buy-to-let investments.

But what form will the government’s proposed regulations actually take? How will the changes affect housing markets? How likely is it that homes will become unaffordable for local people? Are their concerns regarding foreign investment justified? What other regulations can be introduced to mitigate any adverse effects?

This episode premiered on Thursday 12th September 2024 on Thai PBS, Thailand’s public broadcasting service. Disclaimer: all content is owned by Thai PBS. Visit the Thai PBS website here:: https://www.thaipbs.or.th/home

October 9, 2024November 18, 2024Anuwat Ngamprasertkul, DITP, PDPA, TBALiasadmin

Anuwat gives “Personal Information Protection” address in Lao PDR

IAS Advisory co-founder Mr Anuwat Ngamprasertkul was greatly honoured to give an address as part of the special seminar “Personal data privacy compliance when carrying out business in Lao PDR,” which took place on Thursday 26th September at DoubleTree by Hilton Vientiane in Lao PDR.

The event was organised by the Thai Business Association of Lao PDR (TBAL), Thailand’s Department of International Trade Promotion (DITP), and the Royal Thai Embassy in Vientiane, Lao PDR.

Distinguished chairpersons of the seminar included H E Ms Morakot Sriswasdi (Ambassador of the Kingdom of Thailand to Lao PDR), Mr Kawin Viriyapanich (Minister-Counsellor (Commercial), Royal Thai Embassy, Vientiane, Lao PDR), and Mr Thamnong Pholthongmak (TBAL President).

In his address, Anuwat detailed how Thailand’s Personal Data Protection Act (PDPA) is affecting the way Thai companies are doing business, its impact on international transactions, and how the PDPA applies when conducting business operations in Lao PDR.

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October 2, 2024November 18, 2024ADR Week 2024, Anuwat Ngamprasertkuliasadmin

IAS Advisory key sponsor for prestigious “Thailand ADR Week 2024”

IAS Advisory was delighted to support “Thailand Alternative Dispute Resolution (ADR) Week 2024,” which took place in the Grand Ballroom of the Anantara Siam Bangkok Hotel from 18th-20th September. Distinguished guests included Police Colonel Mr Tawee Sodsong, Thailand’s Justice Minister, and Ms Pongsawat Neelayothin, Permanent Secretary of Thailand’s Ministry of Justice.

The theme of this year’s event was “Emerging Trends in ADR,” with sessions focused on charting the future of dispute resolution through international and regional developments. Attendees gained global perspectives and insights into regional and international ADR trends, best practices, and emerging legal frameworks. They heard expert analysis from renowned ADR practitioners, mediators and arbitrators, discussed the latest research, and learnt about cutting-edge approaches and upcoming initiatives and projects.

IAS Advisory co-founder Mr Anuwat Ngamprasertkul co-hosted the Day 2 session, “The ASEAN Way: Implications for Disputes along the OBOR (One Belt, One Road),” in which he discussed steps for conflict resolution and how to control potential damage.

He showed stakeholders how to be proactive in avoiding disputes arising from projects along the OBOR in ASEAN countries, and emphasised the need for clear, well-drafted contracts that align with local and international laws and incorporate pre-agreed dispute resolution mechanisms, such as mediation or arbitration clauses, which can help address conflicts before they escalate.

IAS Advisory’s dispute resolution, litigation & arbitration head Mr Chumphon Macharoen also joined, together with associates Mr Tataraj Indrasukhsri and Mr Tanadej Kanitthanon.

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September 18, 2024October 8, 2024Anuwat Ngamprasertkul, National TViasadmin

MEDIA: all you need to know before agreeing to become a creditor

In an economic downturn, one thing lots of people may have to face is borrowing money from friends or acquaintances. The loan may be interest-free, without collateral, or even without any loan documents. Because personal relationships can make it difficult to discuss these matters, the creditor may end up being the one who suffers instead if the debt is defaulted.

In this episode of the popular evening TV programme Home Economy hosted by veteran news anchor, reporter and journalist Dr Wit Sittivaekin, IAS Advisory co-founder Mr Anuwat Ngamprasertkul shares everything you need to know before agreeing to become a creditor, including all the do’s and don’ts and should’s and shouldn’ts.

This episode premiered on Tuesday 10th September 2024 on Thai PBS, Thailand’s public broadcasting service. Disclaimer: all content is owned by Thai PBS. Visit the Thai PBS website here: https://www.thaipbs.or.th/home

September 11, 2024September 13, 2024Anuwat Ngamprasertkul, DITP, PDPA, TBALiasadmin

Reminder of Thai Business Association of Lao PDR (TBAL) special seminar

A reminder of the upcoming meeting on “Personal Information Protection in Thailand,” which is being organised by the Thai Business Association of Lao PDR (TBAL) and Thailand’s Department of International Trade Promotion (DITP).

This special seminar will take place on Thursday 26th September from 13:00 to 20:00 at DoubleTree by Hilton Vientiane in Lao PDR.

Distinguished guest speakers at the meeting will include Ambassador Morakot Sriswasdi, Ambassador of the Kingdom of Thailand to Lao PDR, and Mr Thamnong Pholthongmak, TBAL President.

IAS Advisory co-founder Mr Anuwat Ngamprasertkul is honoured to have been asked to join and talk about how Thailand’s Personal Data Protection Act (PDPA) is affecting the way Thai companies are doing business and its impact on international transactions.

For those interested in attending this prestigious event, please register using the below QR code or, alternatively, call: +856 20 5558-1238.

August 22, 2024August 28, 2024Anuwat Ngamprasertkul, PDPAiasadmin

PDPA enforcement update & implications for your business

Yesterday, on 21st August 2024, the Office of the Personal Data Protection Committee (the “PDPC”) and the Ministry of Digital Economy & Society announced a significant enforcement action. The Expert Committee on Technology & Related Issues (Committee 2) imposed a fine of up to THB 7,000,000 (Seven Million Thai Baht) on a major private company engaged in online trade.

The fine was levied due to the company’s failure to adequately protect personal data, leading to a breach that exposed sensitive information to call centre gangs.

The company had collected personal data from over 100,000 customers but did not appoint a Data Protection Officer, as mandated by Section 41 of the Personal Data Protection Act B.E. 2562 (2019) (the “PDPA”). From the PDPC’s investigation, the Company was found to have insufficient security measures in place to protect customer data as required by Section 31(1). They also failed to identify the breach and notify the affected customers and the PDPC of the breach in a timely manner, in violation of Section 37(4).

This is the first administrative fine to be issued under the PDPA. Such enforcement action reflects the PDPA’s alignment with the European Union’s General Data Protection Regulation (the “GDPR”).

Mr Prasert Jantarawongthong, Minister of Digital Economy & Society, emphasised that this decision underscores the importance of compliance with data breach reporting requirements and serves as a cautionary message to all organisations. A further release of the full directive is expected and should benefit other operators in implementing their own compliance practices. It will also provide a clearer picture of the PDPC’s enforcement approach.

For guidance on navigating the PDPA and ensuring the compliance of your organisation, please contact us. Our team of lawyers is here to help you implement effective data protection strategies and avoid regulatory pitfalls.

This article was researched and prepared by Ms Lavanya Dev-Kauffmann.

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