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Editorial
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CONTENTS The New General Manager
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Sacking An Employee: What Employers Should Know
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Property News
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10 Secrets Every Investor Should Know
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Now Is The Best Time To Invest In Pattaya Why? - First of all Pattaya is and will remain a magnet resort city for people wanting to live near the sea, and seeking entertainment, sport or health. That’s why the demand for accommodation will always increase in the coming years. Currently the real estate developers are offering great discounts and services in their promotions, and the rise in inflation is causing your money to decrease in value, so leaving it in the bank will reduce your financial power. Don’t you think that now is the right time for you to overcome the inflation trap and enjoy the great offerings by developers and secure your money in a world famous resort city by investing in Pattaya’s property market? Take the initiative and secure your funds by investing now in Pattaya, because it is certain that the prices will rise again and the value of your buying power will fall!
Jetzt ist der beste Zeitpunkt, um die In�lationsfalle zu vermeiden! Pro�itieren Sie von den besten Angeboten und Discounts der Developer und sichern Sie Ihr Kapital in dieser weltweit berühmten Urlaubsmetropole.
Самое лучшее время проинвестировать в Pattaya для того чтобы отжать взвинчивание, преимущество взятия от самых лучших рабатов, котор дали проявители и обеспечить вашу деньг в перспективнейшем курортном городе магнита. ﺇﺳﺘﺜﻤﺮﺍﻵﻥ ﻓﻲ ﺑﺎﺗﺎﻳﺎ ﻭﺇﺳﺘﻔﺪ ﻣﻦ ﺍﻟﺨﺼﻮﻣﺎﺕ ﻭﺍﻟﻌﺮﻭﺽ ﻭﺗﻐﻠﺐ ﻋﻠﻰ ﺍﻟﺘﻀﺨﻢ،ﺍﻟﺨﺎﺻﺔ ﺍﻟﻤﻘﺪﻣﺔ ﻣﻦ ﻣﻄﻮﺭﻱ ﺍﻟﻌﻘﺎﺭ ﺑﺎﺗﺎﻳﺎ ﺳﺘﻜﻮﻥ،ﺍﻟﻤﺎﻟﻲ ﻗﺒﻞ ﺍﻥ ﻳﺨﻔﺾ ﻗﻴﻤﺔ ﺭﺻﻴﺪﻙ ﻓﻲ ﺍﻟﺒﻨﻚ .ﺩﺍﺋﻤﺎ ﻣﺪﻳﻨﺔ ﺳﻴﺎﺣﻴﺔ ﺟﺬﺍﺑﺔ
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The New General Manager
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attaya is at a stage where it needs some very experienced and forward thinking senior managers in the tourism industry, so Mr. Michael Procher, who is the new General Manager for both the “Amari Nova Suites” in north Pattaya and “Nova Platinum” in south Pattaya has plenty of worldwide experience to handle multiple management tasks.
He originally studied a combination of geography, economics and politics, but completed an internship as a study tour guide in Europe, which gave him a broad view of the international tourism industry. During his many years of experience in the hospitality industry Michael was involved with river cruise operations, and the buying of hotels in Europe. As
Vice President for a US tour operator he was also responsible for product development, marketing and regional accountability for Eastern Europe, Russia, CIS countries, with its catchy river cruise slogan of “unpack once.” In 20-years in the hospitality industry Michael Procher has collected his extensive international
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experience in Russia, Europe, Central Asia, the Middle East and Africa. At the Djibouti Palace Kempinski Hotel Michael and his teams achieved outstanding results, which peaked in the fact that this luxurious hotel in a small African country is currently the most profitable one in the entire Kempinski group. As a highly professional hotel manager Michael Procher takes on the multiple roles of hotel manager responsibilities. His aims include daily staff training, team building functions for his staff, a minimum average for “Nova Platinum” 80% occupancy rate for 2009, greener garden areas, and also building closer relations with local agents. Furthermore, Michael plans to increase the number of “Nova Platinum” rooms from 192 to 270, with new restaurants and bars, and conference facilities for up to 120 people. General tourist visitors to the “Nova Platinum” come from Thailand, America, India, Russia, Turkey, Iran, and the Middle East, where Dubai acts as the hub for transport.
Akera Ratchavieng Assistant Director of Sales
Michael Procher is a man of vision with vast hotel experience. One of these visions is to solve most problems in the tourist industry sector, so he will be a valuable asset to Pattaya’s business community, even though he is only a recent arrival. For reservations please contact 038-711-345 or go to website www.amari.com
Michael Procher -der neue General Manager der „Amari Nova Suites“ in Nordpattaya und des „Nova Platinum“ in Südpattaya verfügt über zwanzigjährige Erfahrung in der Tourismus-Branche und in der internationalen Hotellerie. Er ist eine wertvolle Bereicherung für Pattayas Tourismus-Industrie. Майкл Прошер, новый генеральный директор отеля “ Nova Platinum” в Южной Паттайе, и «Амари Нова люкс» в Северной Паттайе, имеет 20-летний опыт об отелях и туризму по всему миру; - Он представляет собой ценное дополнение к туристической отрасли Паттайи. ﻣﻴﺸﺎﺋﻴﻞ ﺑﺮﻭﺧﺮ ﺍﻟﻤﺪﻳﺮ ﺍﻟﻌﺎﻡ ﺍﻟﺠﺪﻳﺪ ﻟـ »ﻧﻮﻓﺎ ﺑﻼﺗﻴﻨﻢ« ﻭ »ﺃﻣــﺎﺭﻱ ﻧﻮﻓﺎ ﺳﻮﻳﺘﺲ« ﺫﻭ ﺭﺅﻳﺔ ﻭﺍﺳﻌﺔ ﻭﻟــﻪ ﺧﺒﺮﺓ ﻋﺎﻟﻤﻴﺔ ﻛﺒﻴﺮﺓ ﻓﻲ ﻣﺠﺎﻝ ﻭﻫﻮ ﺑﺎﻟﻔﻌﻞ ﺳﻴﻜﻮﻥ ﺭﺻﻴﺪﺍ.ﺍﻟﺴﻴﺎﺣﺔ ﻭﺍﻟﻔﻨﺪﻗﺔ .ﻗﻴﻤﺎ ﻟﻤﺠﺘﻤﻊ ﺍﻷﻋﻤﺎﻝ ﻓﻲ ﺑﺎﺗﺎﻳﺎ คุ ณไมเคิล โปรเชอร์ , ผู้ จั ดการทั่ วไปของโรงแรม Amari Nova Platinum โรงแรมในพั ทยาใต้ และ Amari Nova Suite ในพั ทยาเหนือ มีประสบการณ์กว่ า 20 ปี ทั่ วโลกเกี่ ยวกั บการ โรงแรมและการท่ องเที่ ยว เขามี ส่ วนเพิ่ มการกระตุ้ นอุ ตสาหก รรมการท่ องเที่ ยวของ เมืองพั ทยา
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Sacking An Employee What Employers Should Know er than that prescribed by law. According to the labor protection law, this period must at least be one wage cycle of the employee. For example, if an employee is receiving wages on a monthly basis and the employer issued prior notice on termination to the employee on February 10, 2009. The employee’s last working day will be March 31, 2009, not March 10. The employee’s wage cycle is March 1 to March 31.
U
nder such a bleak economic climate, it is bad enough for businesses to have to close and lay off employees. However, employers should not make this worse by exposing themselves to unfair dismissal claims by laid off employees. To minimize the possibility of such claims, employers need to be aware of employees’ legal entitlements when terminating employees.
Gross Misconduct?
If the employee has committed a gross misconduct, an employer can terminate the employee’s employment without having to provide any prior notice on termination and pay severance pay to the employee. This is also known as termination with cause. Gross misconduct is serious misconduct by the employee e.g. employee having been imprisoned by a final judgment of a
(b) Damages In-Lieu (Instead) of Prior Notice on Employment Termination court (except for offenses arising out of negligent acts or for petty offenses) or employee performing an act of gross negligence which causes the employer to suffer severe losses.
Termination Without Cause
Generally, if the employee’s employment contract had been terminated not due to gross misconduct (also known as termination without cause), the employee shall be entitled to the following:
(a) Prior Notice on Terminating Employment Contract
Alternatively, if the employer wants to terminate the employee’s employment immediately and have the employee leave work, the employer shall have to pay the employee’s wages up to the employee’s last working day and then terminate the employee.
(c) Severance Pay
The employer has to pay the employee severance pay. In Thailand severance pay is calculated based on the latest wages amount of the employee and the duration of his or her employment.
Prior notice on terminating the employee’s employment has to be issued by the employer to the employee. Minimum prior notification period has to be according to that provided for in the employment contract, working rules or notice of the employer.
Any fixed benefits paid to the employee must be considered as part of wages and be included in severance pay calculation. Fixed benefits are, for example, an employer pays the employee 2,000 Baht every month for traveling expenses, regardless of how much traveling the employee did.
However, the minimum prior notification period must not be short-
Section 118 of the Labor Protection Act B.E. 2541 (1998) pro-
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termination or pay severance pay to the employee if the employee completed a fixed period employment contract i.e. an employment contract whereby its employment starting date and ending date are clearly specified in the employment contract. (Please see my article “Fixed Period Employment Contract for a Wise Employer” in Pattaya Mail newspaper December 12, 2008 issue for the legal meaning of a fixed period employment contract)
(d) Vacation Days Not Used
Any annual vacation days that the employee is entitled to that are not yet used shall be paid to the employee. vides for the amount of severance pay payable to the employee: If the employee had worked for 120 days but not 1 year, severance pay amount is equivalent to 30 days of wages. If the employee had worked for 1 year but not 3 years, severance pay amount is equivalent to 90 days of wages. If the employee had worked for 3 years but not 6 years, severance pay amount is equivalent to 180 days of wages. If the employee had worked for 6 years but not 10 years, severance pay amount is equivalent to 240 days of wages. If the employee had worked for more than 10 years, severance pay amount is equivalent to 300 days of wages. Example of severance pay calculation
XYZ Company Limited employed Mr. B as the employee at a monthly salary of 10,000 Baht. Each month, XYZ Company Limited also provides 2,000 Baht to Mr. B as his traveling expenses. Now, after having worked for 2 years and 3 months at XYZ Company Limited, his employment was terminated due to poor performance. Mr. B severance pay will be calculated as follows: 10,000 + 2,000 = wages per day 30 =400 Baht After having worked for 2 years and 3 months, Mr. B is entitled to severance pay equivalent to 90 days of wages i.e. Mr. B had worked for more than 1 year but not 3 years. Therefore, 400 Baht wages per day x 90 days = 36,000 Baht severance pay. Note: The employer also does not have to give prior notice on
Final Tip
The employer must bear in mind that if the employee deemed that he or she had been unfairly terminated by the employer due to whatsoever reasons, even after having received prior notice of termination and severance pay, the employee still has the right to file an unfair dismissal claim against the employer at the Labor Court. This risk can be minimized by having the employee sign a letter of release to waive the right of making any future claims against the employer. Written by David Tan. David is a Lecturer of Business Law at Asian University and author of the book “A Primer of Thai Business Law”, available online at www.chulabook.com . In Bangkok, the book is available at all Kinokuniya and Asiabooks bookstores. Any questions or comments to David should be sent to blas.inter@yahoo.com
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The Heights Phuket Grand Opening Raimon Land recently hosted a welcome party for residents of The Heights Phuket. Held poolside at the award-winning development, guests enjoyed the spectacular Phuket sunset with drinks and entertainment, following the ribbon cutting ceremony by Raimon Land CEO Hubert Viriot.
Sedona Villas For Luxury And Location A group of Thai / American developers are constructing some of the best villas that we have seen, on a quiet country road just off Lake Mabprachan, but very close to the No.131 highway that runs from just north of Pattaya to Rayong. Known as “Sedona Villas,” these are very large homes of around 500 square metres, with luxury 3 – 4 bedrooms, guest rooms, private swimming pools, gardens and every possible modern convenience.
Budget Condos Defy Market Trends Despite what real estate brokers may say, the sale of medium – high priced homes has slowed somewhat in line with the world financial situation, but prices have only dropped around 10%, which is a minimal decrease. However, the low end of the condominium market is doing very nicely, with developers like Iguana still offering newly constructed condos from 1-million baht, including furniture on some of their projects. .
New Developers At Ban Saray At a recent Pattaya Business & Tourism Association meeting some of the early arrivals were three directors from the S-Land Development Company in Bangkok. After decades of real estate brokerage they have elected to construct around eighteen very high quality villas within a project named “Affinity British.” Their Managing Director Tavit Lertritsumpun, said that his company saw a big potential in the areas south of Pattaya, as the market picked up again in the future.
Northpoint Construction Update The award-winning Northpoint continues to make good progress in Pattaya. Site clearance and piling works to the "Zone A" landscape area between the front of Tower A and the Wong-Amat beachfront are ongoing, with pile casting for the main pools complete and reinforced concrete slabs now being cast.
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10 Secrets Every Investor Should Know
Most of the time success in business is the result of what you know. In every industry there are key elements, secrets, that if known will help to insure success but if not known, will certainly lead to failure. Real Estate investing is no different. Success begins with knowledge. What are some of the critical lessons that
every real estate investor should know? Here are ten of them for starters… The first secret is probably the most important of all the others using other people’s knowledge. There are only two ways to gain knowledge. Either you gain it from other people`s mistakes or
make the mistakes yourself. If you refuse to learn from other people’s mistakes you are destined to learn from your own mistakes. The secret is to learn from others and avoid the pain of learning the hard way. The second secret is also very important it is the power of con-
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sistently making a lot of quality offers. In order to become a successful real estate investor, it is absolutely necessary to place many offers that, if accepted, will result in great deals. Without offers there can be no good deals and good deals are the basis of success in real estate investing. If you do not ask you will not receive. Secrets three through seven are the skills that will have to be developed in order to run a successful real estate investing business. These skills are: 3.
Finding good deals
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Obtaining the money to pur chase the good deals you find
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Fixing up the property so that it is marketable
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Effectively marketing the property
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Property management
Master each of these skills and real estate investing becomes much easier but fail to develop them and you are in for a rough ride. Secret number eight is that you must prepare quality offers that have a chance of being accepted. These offers must be high enough so that some of them will be successful. But they must be low enough so that, when one is accepted, it will result in a substantial return on your investment of time and money. This can be eas-
ily accomplished by using some of the effective software on the market today such as Turbo-Bidder or similar real estate analysis software. The ninth real estate investing secret is that you must be able to determine the true value of property. True value is the amount that the property can be sold for in a reasonable period of time. The quickest way of determining true value is by paying a professional appraiser to work their magic. But that is not necessarily the best way. It doesn’t make sense to be paying an appraiser to look at thirty properties when you only expect to purchase one of those deals. That means that you must find an inexpensive way to determine true value. There are professional realtors who work with investors. These realtors can provide accurate comparable sales (comps) of similar properties. These comps can give you a very good idea of what a property is worth. And finally, secret number ten is you need to have a burning desire to become successful. Your attitude and drive can make up for lots of early mistakes and pitfalls that might sink a lesser person. Dieser Artikel enthält die 10 wichtigen Geheimnisse, die jeder Investor wissen sollte. Von der Anwendung des Wissens von anderen zum brennenden Wunsch, erfolgreich zu sein. В этой статье вы найдете 10 самых главных секретов, которые каждый инвестор должен знать. Пользуясь знаниями других, вы добьетесь своего собственного успеха. ﺇﻗﺮﺃ ﻓﻲ ﻫﺬﺍ ﺍﻟﻤﻘﺎﻝ ﺃﻫﻢ ﻋﺸﺮﺓ ﺃﺳﺮﺍﺭ ﺍﻟﺘﻲ ﻳﺠﺐ ﺇﺑﺘﺪﺍً ﻣﻦ ﺍﻹﺳﺘﻔﺎﺩﺓ.ﺃﻥ ﺗﻔﻬﻢ ﻣﻦ ﻗﺒﻞ ﻛﻞ ﻣﺴﺘﺜﻤﺮ ﻣﻦ ﻣﻌﺮﻓﺔ ﺍﻟﻐﻴﺮ ﺍﻟﻰ ﺍﻟﺮﻏﺒﺔ ﺍﻟﻘﻮﻳﺔ ﻟﻜﻲ ﺗﻜﻮﻥ .ﻧﺎﺟﺤﺎ 17
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