Spa Business Final)

Embed Size (px)

Citation preview

  • 8/9/2019 Spa Business Final)

    1/25

    Spa Business

    Presented By:

    Supornphan 4980128Jatuporn 4980369

    Roserin 4980539

    Vipada 4980644

    Jaynjira 5080002

    Phanintorn 5080025

    Arporn 5080352

    ICTM 352 Tourism and Hospitality Law

  • 8/9/2019 Spa Business Final)

    2/25

    Introduction

    Introduction

    Nowadays Spa business is growing continuously in many

    countries around the world

    Spa service providers having more opportunities to

    expand their businesses

    Spa business attract tourists to come and visit Thailand

    Various choices of service:

    oil, foot, body ; massages

    yoga training etc.

    Comparing to other countries,

    price of the spa service in

    Thailand is affordable.

  • 8/9/2019 Spa Business Final)

    3/25

    1. Sole Proprietorship

    2. Partnership3. Limited companies

    Private Limited

    Company

    Limited Partnership

    Forming a

    Business inThailand

    Forms of Business

  • 8/9/2019 Spa Business Final)

    4/25

    At least 3 promoters to set up

    Apply companys name at the Departments

    Registrar. File a Memorandum ofAssociation (MOA)The word limited in its name

    Address of its headquarter

    Companys objectives

    Promoters information Number of share

    http://learners.in.th/blog/sme/32759

    Forming a Private Limited Company

  • 8/9/2019 Spa Business Final)

    5/25

    Introduction

    Forming a Private Limited Company

    Figure1: Fee Rate for Registering Company Limited

  • 8/9/2019 Spa Business Final)

    6/25

    Convene a Statutory Meeting.

    In the first statutory meeting, at least

    25% of each share must be paid. Registration

    Tax Registration

    Introduction

    Forming a Private Limited Company

  • 8/9/2019 Spa Business Final)

    7/25

    Business License from local government Service Provider Registration Certificate by

    the Ministry of Public Health

    Getting Licenses

    Government Authority

    The local officers can

    1. Order that spa to correct (S.45),2. Suspend the license (S.59), or

    3. Terminate the license (S.60)www.panyathai.or.th

  • 8/9/2019 Spa Business Final)

    8/25

    Introduction

    Commercial Registration Act

    Commercial Certificate

    Permission to provide service

    Permission to sell products

    Commercial Registration Act for the year 2499 Duties for commercial registration

    Individuals

    Groups of individuals

    Juristic persons (in Thailand and branches

    from abroad)

  • 8/9/2019 Spa Business Final)

    9/25

    Introduction Notification for Commercial Registration

    1. Persons who conduct sales businesses of

    any one kind or several kinds of items with

    the income of more than 20 Baht per dayor such items have total value of 500 Baht

    or above

    2. Agent who conducts the businesses of any

    one kind or several kinds of products andsuch products can be sold for more than

    20 Baht per day (commercial n.d)

    Commercial Registration Act

  • 8/9/2019 Spa Business Final)

    10/25

    The leasing property

    the leasing propose

    the renting period

    renting payment

    property tax

    the expire of renting

    agreement

    Introduction

    Lease

    Agreement

  • 8/9/2019 Spa Business Final)

    11/25

    Taxation

    The lessee and the lessor shall agree on the one

    taking responsible for the property tax payment of

    every year until the renting period is due, whichthe lessor normally is responsible for the payment

    (Renting Contract, n.d.).

    Once the renting period is due, the lease shall be

    automatically voided. The lessor must move outand clear off the renting property before the time

    assigned in the agreement with the neat condition

    (Section 564 of the CCC).

    Lease Agreement

  • 8/9/2019 Spa Business Final)

    12/25

    According to ethailand.com

    The main principle of Thai labor laws is The ThaiLabor Protection Act of1988.

    This act establish a minimum rights the employee

    must receive from its employers when working inThailand including:

    working hours

    overtime

    holidays

    sick leave

    maternity leave

    severance

    Labor Law

  • 8/9/2019 Spa Business Final)

    13/25

    Working Hours

    Overtimes

    Maximum of 8 hours per day and 48 hours

    per week If the work is considered hazardous, maximum

    of 7 hours per day and 42 hours per week

    Working 5 hours straight must have at least

    1 hour to rest 1 day off each week (Labor Law Update)

    Employee who work overtime will be entitled to

    receive overtime payment at one and one-half of

    his normal rate

  • 8/9/2019 Spa Business Final)

    14/25

    Introduction

    Leave

    Maternity Leave

    Employee who has worked at least one year

    must be granted a minimum of six days paidannual leave each year

    Minimum of 30 days paid sick leave each year

    Pregnant employee must be granted a minimum of 90

    days maternity leave

    The employer must pay of at least 45 days of thematernity leave

    The rest of the leave can be unpaid or paid depending on

    the company policies on maternity leave

  • 8/9/2019 Spa Business Final)

    15/25

    Health spa in Thailand has to be regulated by the

    Ministry of Public Health.

    The standards of the service must me maintained

    in order to protect the public and also provide

    safety and adequate therapies for guests.

    o For example, all spa therapies or spa services

    must be certified to work in a spa, but for many

    cases, lots of health spas still do not obey the

    rules and regulations that are provided.

    It is important for guests to search for information

    of authorized health spas where the staff is trained

    as professionals.

    Introduction

    The Public Health Law

  • 8/9/2019 Spa Business Final)

    16/25

    The Ministry of Public Health states that theservice provider must obey and follow the

    following conditions:

    o S.31 of the Public Health Law, 1995 provided "to

    provide health massage or use of water for healthtreatment".

    o S32 of the Public Health Law, 1992 provided "the

    local government officer has the authority to contro

    the spa business for their management benefit".

    o S.3 (3) of the enacted law, 1966 said "a spa or a

    beauty salon said to be the danger service provider"

    Introduction

    The Public Health Law

  • 8/9/2019 Spa Business Final)

    17/25

    Health spas are considered to posses certain hazards,

    therefore, the public health officer has to control andmonitor the level of hygiene and the quality of servicebeing provided.

    The spa must train their staff to surely provide healthy,safe, and hygienic treatments for all of its guests.

    All therapists must be certified massage therapists whohave a license to do such job.

    Cleanliness must be concerned as the most importantissue to maintain the quality and standard.

    oThe anti-bacteria spray is to be used for sanitation and

    freshness every two hours.o All therapists must wash their hands before providing

    any massage or treatments with disinfecting soap andhot water.

    o Personal hygiene of all therapists is also necessary.

    Introduction

    The Public Health Law

  • 8/9/2019 Spa Business Final)

    18/25

    The general manager of the spa mustfollow this check list:

    o Are the facilities kept in order neatly?

    o

    Does the spa look neat and comfortable?o Are the drains in wet-rooms and showers free

    from mold?

    o Are the linens clean?

    o Are all the guests being taken care by the staff?o Are the treatment tables covered with fresh linen?

    o Are the implements sanitized?

    Introduction

    The Public Health Law

  • 8/9/2019 Spa Business Final)

    19/25

    Standards for Thai Spa:

    I. Standards for Health Spa

    BuildingsII. Standards for Health Spa

    Service Providers

    III. Health Spa Service Standards

    IV. Health Spa Safety Standards

    Legal Requirements on Spa Business

  • 8/9/2019 Spa Business Final)

    20/25

    I. STANDARDS FOR HEALTH SPA BUILDINGS

    The building must be located in a place that is

    convenient, safe, and will not put an individual's

    health at risks or in jeopardy

    In cases where the health spa is located in the

    same building as another business enterprise, its

    boundaries must be clarify and other businesss

    activities must not intervene with the provision of

    the spa services

    Thai Spa Standards

  • 8/9/2019 Spa Business Final)

    21/25

    II. STANDARDS FOR HEALTH SPA

    SERVICE PROVIDERS

    Not less than 18 years of age:

    Passed a training course/learning programs at: a Government agency

    Or Institute or educational institution

    Must have at least one full-year of working

    experiences at a Health Spa.

    Passed the knowledge and experience test

    Thai Spa Standards

  • 8/9/2019 Spa Business Final)

    22/25

    1.The owner of spa business must employ only

    the employees that meet the standard as

    specified in this announcement.

    2. The service provided in the enterprise must be

    according to the principles

    and standards for each

    types of services.

    Thai SpaStandards

    III. HEALTH SPA SERVICE STANDARDS

  • 8/9/2019 Spa Business Final)

    23/25

    III. HEALTH SPA SERVICE STANDARDS

    3. The enterprise services must have the followingcharacteristics:

    Open at 8.00 am and close not late than 10.00 pm.

    Must display the service provider registrationcertificate

    No alcoholic beverages and no-smoking zone.

    Must not violate to the modern medicine practicelaw.

    The list of services and prices must be posted in aneasily visible position.

    The service providers must wear clean andappropriate uniforms .

    Thai Spa Standards

  • 8/9/2019 Spa Business Final)

    24/25

    IV. HEALTH SPA SAFETY STANDARDS

    1. The owner must keep the first aid kit at the

    health spa and it must be ready for use at all

    time.

    2. The owner must post the warning

    sign or messages in the area thatcan cause a danger risk to the

    customers.

    Thai Spa Standards

  • 8/9/2019 Spa Business Final)

    25/25

    Introduction

    The End