Spa Business

Presented By:

Supornphan 4980128 Jaynjira 5080002

Jatuporn 4980369 Phanintorn 5080025
Roserin 4980539 Arporn 5080352
Vipada 4980644

ICTM 352 Tourism and Hospitality Law

 Introduction
• Nowadays Spa business is growing continuously in many
Introduction
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.
Forming a
Business in Forms of Business
Thailand
1. Sole Proprietorship
2. Partnership
3. Limited companies
• Private Limited
Company
• Limited Partnership
Forming a Private Limited Company
 Forming a Private Limited Company

Introduction

Figure1: Fee Rate for Registering Company Limited

Forming a Private Limited Company

 Convene a Statutory Introduction

Meeting.
 In the first statutory meeting, at least
25% of each share must be paid.
 Registration
 Tax Registration
 Getting Licenses
 Business License from local government
 Service Provider Registration Certificate by
the Ministry of Public Health

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
 Commercial Registration Act
• Commercial Certificate
Introduction
• 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)
 Commercial Registration Act
• Notification for Commercial Registration
Introduction
1. Persons who conduct sales businesses of
any one kind or several kinds of items with
the income of more than 20 Baht per day
or 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 and
such products can be sold for more than
20 Baht per day (commercial n.d)
 Lease
Agreement
Introduction
 The leasing property
 the leasing propose
 the renting period
 renting payment
 property tax
 the expire of renting
agreement
 Lease Agreement
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, which the 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 out and
clear off the renting property before the time assigned
in the agreement with the neat condition (Section 564
of the CCC).
 Labor Law
According to ethailand.com
 The main principle of Thai labor laws is The Thai
Labor Protection Act of 1988.
 This act establish a minimum rights the employee
must receive from its employers when working in
Thailand including:
 working hours
 overtime
 holidays
 sick leave
 maternity leave
 severance
 Working Hours
 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)

Overtimes
Employee who work overtime will be entitled to
receive overtime payment at one and one-half of
his normal rate
 Leave
 Employee who has worked at least one year
must be granted a minimum of six days paid
annual leave each year Introduction
 Minimum of 30 days paid sick leave each year

Maternity Leave
 Pregnant employee must be granted a minimum of 90
days maternity leave
 The employer must pay of at least 45 days of the
maternity leave
 The rest of the leave can be unpaid or paid depending on
the company policies on maternity leave
 The Public Health Law
• Health spa in Thailand has to be regulated by the
Ministry of Public Health.
Introduction
• 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.
 The Public Health Law
 The Ministry of Public Health states that the
service provider must obeyIntroduction
and follow the
following conditions:
o S.31 of the Public Health Law, 1995 provided "to
provide health massage or use of water for health
treatment".
o S32 of the Public Health Law, 1992 provided "the
local government officer has the authority to control
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"
 The Public Health Law
 Health spas are considered to posses certain hazards,
therefore, the public health officer has to control and
monitor the level of hygiene and the quality of service
being provided. Introduction
 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 who
have a license to do such job.
 Cleanliness must be concerned as the most important
issue to maintain the quality and standard.
o The 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 and
hot water.
o Personal hygiene of all therapists is also necessary.
 The Public Health Law
The general manager of the spa must
follow this check list: Introduction
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?
 Legal Requirements on Spa Business

Standards for Thai Spa:

I. Standards for Health Spa

Buildings
II.Standards for Health Spa Service
Providers
III.Health Spa Service Standards
IV.Health Spa Safety Standards
 Thai Spa Standards
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 business’s
activities must not intervene with the provision of
the spa services”
 Thai Spa Standards
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
III. HEALTH SPA SERVICE STANDARDS
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 Spa Standards
III. HEALTH SPA SERVICE STANDARDS
3. The enterprise services must have the following
characteristics:
 Open at 8.00 am and close not late than 10.00 pm.
 Must display the service provider registration
certificate
 No alcoholic beverages and no-smoking zone.
 Must not violate to the modern medicine practice
law.
 The list of services and prices must be posted in an
easily visible position.
 The service providers must wear clean and
appropriate uniforms .
 Thai Spa Standards
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 that
can cause a danger risk to the
customers.
 Introduction

The End