Rangsit Journal of Law and Society

LEGAL PROBLEMS IN PROTECTIMG SERVICE CONTRACTORS AS NATURAL PERSONS OF GOVERNMENT SECTOR

Weerayut Lasongyang — Thu, 25 Apr 2024 00:00:00 +0700

The employment of Service contractors considered as commoners or non-government servants, in compliance to Section 4 of the Public Procurement and Supplies Administration Act, B.E. 2560 (2017), decrees that contracting services be considered as a category of service and classified as supplies. The objective of such contracting services chiefly aiming at success and outcome of the contracted tasks is often viewed as a hire of work agreement. The contracting government agency holds no authority to control or require additional tasks not included in the agreement; however, the agency do possess an authority to inspect the task progress and request for improvement or correction in case of any irregularity found as the service contractor does not fall under the regulations that enforce regular employees to follow. The service compensation rates are not subject to the service contractor’s education qualification but the knowledge, ability, and experience needed for the task contracted. This can cause difficulties, comprising being exploited as well as lacking of job and social security, to service contractors providing services for government agencies because they are not under the protection of the Labour Protection Act B.E. 2541, Social Security Act B.E. 2533, and Compensation Act B.E. 2537. Therefore, to ensure fair legal protection, stability in life, exploitation-free work condition, and adequate social security as well as to provide and ensure the aforementioned employees’ basic rights in accordance to the objectives of the labour laws. It is crucial that the relevant laws be amended in order that the employing government agencies are considered as employers to the service contractors who are basically commoners. For instance, the legal protection for government contractors of the French Republic and the German Confederation is ideal. This will, in the future, lead to basic legal protection for their independent contractors, according to the goals and objectives of the International Labour Organization Convention

PROBLEMS ON ENFORCEMENT OF LAND TRAFFIC ACT B.E.2522 A CASE STUDY ON POWERS OF TRAFFIC POLICE

Siwanan Matrawong — Thu, 25 Apr 2024 00:00:00 +0700

The article aimed to study the problems arising from the enforcement of the Land Traffic Act B.E.2522, with a focus on traffic officers’ authority. It explores their roles in using the wheel lock device, issuing announcements and regulations related to traffic, as well as utilizing discretion to issue warnings instead of direct orders.

In this study, the researcher analyzed and compared concepts, theories, and principles relevant to traffic laws and traffic officers’ authority used in foreign countries – namely the United States of America, Germany, and Japan – with those in Thailand. It was found that the traffic laws in Thailand granted excessive authority to officers. In addition, the law was found to possess deficiencies in terms of criteria, controlling systems, discretion, and public participation. These caused inefficiencies in law enforcement. Road users do not obey the traffic laws or are not afraid of committing offences due to inappropriate law enforcement or the punishments for offenders, placed an undue burden on the public, and paved the way for fraudulent activities.

Therefore, this study recommends 1) the amendment of the law by eliminating provisions that grant officers the authority to use the wheel lock device and maintaining the authority to relocate cars parked in prohibited areas; 2) the restriction of the officers’ authority in issuing the announcements and regulations related to traffic and incorporating the provisions that empower local administrative organizations to enact traffic regulations; 3) the amendment of the provisions of Section 140 of the Land Traffic Act B.E. 2522 to grant traffic officers the discretion to issue warnings instead of traffic tickets to drivers with no prior history of violating traffic laws. These are broadly helpful to promote and support respect and compliance with the law in order to diminish accident and enhance road safety.

LEGAL MEASURES REGARDING ELDERLY CARE ESTABLISHMENTS: A CASE STUDY OF STANDAEDIZATION FOR CAREGIVERS FOR ELDERLY

Arthitaya Phawapanyakun — Thu, 25 Apr 2024 00:00:00 +0700

Elderly means people aged 60 years and over. In this age there will be many changes. Physically, mentally, emotionally, and socially, old age is a transition period in life which changes from middle age to old age. These changes are in decline. There are limitations in the body's functioning in one or more areas. Therefore, elderly people need proper care. But in today's society Some families are unable to care for the elderly. Because I have to go out and do business to earn a living. Therefore, the business of establishments providing care for the elderly was born. To meet the needs of today's society

According to the study, it was found that the standardization of caregivers for the elderly in Thailand, according to the ministerial regulations which determine the standards for places, safety, and services in health establishments in the category of elderly care or dependents, B.E. 2563, does not cover the standards in the aged care profession owing to the fact that the standardization of the ministerial regulations is merely a preliminary standardization, and does not define the specific qualifications, inspections, penalties, and details relevant to caregivers for the elderly. Additionally, at present, most of the persons who act or work as caregivers for the elderly in Thailand are workers from neighboring countries, which is not specified in the qualifications of this labor type in the ministerial regulations in any way. Therefore, it is deemed appropriate to propose an amendment to the standard of caregivers for the elderly in terms of qualifications, competency assessment, inspection, and penalties for both Thai and foreign caregivers for the elderly. Moreover, there should be an agency or committee to control and supervise those who work as caregivers for the elderly.

ADMINISTRATIVE COURT PROCEDURE : SPECIFIC STUDY USING SUCCINCT METHODS IN THE ADMINISTRATIVE COURT OF FIRST INSTANCE

Perathum Mongphol — Thu, 25 Apr 2024 00:00:00 +0700

According to the announcement of the Administrative Court regarding the duration of litigation in the Administrative Court, B.E. 2023 has the following main issues: In cases where the judge has no more than 48 cases in his possession, the Administrative Court of First Instance will take approximately 2 years and 6 months at least. And if there are more than 48 cases in possession, the time for each step increases by 0.25 times by 24 cases. In addition to the "Administrative Case Statistics" collected since the opening of the Administrative Court on January 31, 2024, there are approximately 16,835 cases currently being considered by the Administrative Court of First Instance. It appears that the period specified in the announcement is unreasonably long for small claim cases. and cases without complications from the preliminary study, it was found that the Act Establishing the Administrative Court and Administrative Court Procedure, B.E. 2542, together with the regulations of the General Conference of the Supreme Administrative Court Judges Regarding administrative court procedures, B.E. 2000, there are no rules regarding "Separate judicial proceedings as appropriate" such as civil proceedings and criminal proceedings. and procedures for adjudicating administrative cases in the administrative courts of the French Republic. The Federal Republic of Germany and the Kingdom of Sweden an administrative civil courts such as the People's Republic of China or specialized courts such as the Republic of Estonia It is effective so that administrative cases can be considered quickly. To become more modern, it is necessary to study the application of summary judgment procedures that appear in various countries. To be applied to the current administrative court process in the Administrative Court of First Instance of Thailand. However, now the Administrative Court of First Instance will use "Urgent proceedings" but such proceedings still have conditions, criteria, and objectives that do not cover the cases in which they should be used. “Summary proceedings” as the author proposes to amend.

ANALYSIS OF AGREEMENT ATTACHED TO THE MORTGAGE CONTRAVT AND OFFERING OF AGREEMENT TO BE DISTINGUISH REQUIRED BY LAW

Pinit Tipmanee — Thu, 25 Apr 2024 00:00:00 +0700

The detail in agreement attached to the mortgage contract, especially in case of mortgagee is a bank. There are some agreements which distinguish required by law. In addition, agreements are specifying the superior rights of mortgagee above mortgagor whether specify mortgagee has to save the deed, do not bring guarantee to a double mortgage, mortgagor do not transfer the ownership of the property to others or an agreement for prioritizing rights of mortgagee. It could be hold that the detail in agreement may conflict with law under section 150 and section 151 of Civil and Commercial Code. Moreover, if considering by bring the regulation under section 10 of the Unfair Contract Terms Act B.E. 2540 (A.D.1997) in the point of bargaining power and economic status for consideration. It could be analyzed that the fairness of the result of agreement attached of the contract as mentioned problems above.

In relation to the findings, it was found that the agreement which specify that mortgagee has a duty to save the deed, do not bring guarantee to a double mortgage, do not transfer the ownership of the property to others. It could be hold that the agreement did not have legal effect or could not enforceable. In part of agreement which conflict with section 733 of Civil and Commercial Code, it was found that the court use discretion to interpret whether it is a section regarding peace and order or good morals of the people or not. Therefore, the parties may agree otherwise, that is if forcing the mortgage and did not cover debt, the debtor must still be liable for the remaining debt. This condition may agree in agreement attached to the mortgage contract. But in part of the interesting point is the agreement which give rights to each mortgagee. When there is a mortgage enforcement, mortgages must arrange according to the date and time of registration and the mortgagee. According to section 732 of Civil and Commercial Code, may have agreement to differ from the law by edit some issue of Civil and Commercial Code.