Thai Court rejects dual pricing case from expat in Hua Hin

[webfact]

file photo: Siam Rath

 

Fallout from Tuesday's court dual pricing decision in Phetchaburi continued to reverberate around Thailand.

 

Mr Erwin Buse from the Netherlands had taken the Ministry of Public Health to court over dual pricing for foreigners and other groups at Hua Hin hospital.

 

It was shown that there were four different pricing bands. In the third were expats who would pay a lot more.

 

Mr Buse described this as unconstitutional in his suit.

 

According to press reports the court said that it did not see the dual pricing as discriminatory suggesting the higher rates charged to foreigners who could pay more were good for the nation.

 

The bad image of state sponsored rip-offs was not mentioned by the court.

 

Mr Buse plans to appeal and told ASEAN NOW that the judge in the case acted in the interest of the MoPH.

 

"The bottom line is that foreigners must pay 96% additional for labour cost.

 

"Foreigners must also pay 25% additional (cost) for highly trained English speaking personnel".

 

He said that the court had not considered the pertinent facts in its judgment and had ignored how calculations were made.

 

He continued: "The MoPH revered other Asian nations that use dual pricing (in the court).

 

"That was totally irrelevant for this court case but the court used it to justify their decision.

 

"Unacceptable". 

 

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[itsari]

The court action from the man from the Netherlands concerning price for foreigners has now set a precedent.

Meaning all is ok to charge more for foreigners because it is good for the country . 

Sad decision 

[sanuk711]

 

Shame on you Thailand....

 

What a pathetic statement to make

Administrative Court in Phetchaburi ruled that multi-tiered “dual pricing” in Thai hospitals are not discriminatory as they benefit Thailand.

 

Not discriminatory as it benefits Thailand, says it all..........................

[bkk_bwana]

Matters relating to the constitution cannot be decided by a provincial administrative court.  If he won, it would have been appealed. This case will follow due process and find it's way to the constitutional court. 

[richard_smith237]

As if there was ever going to be any other outcome... Thailand putting both feet in its mouth and highlighting its disregard for foreigners at an official level. 

 

Thailand’s handling of issues pertaining to foreigns is repeatedly clumsy and offensive.... I won’t go as far to suggest xenophobia and racism, but I understand those who think so. 

 

The message is clear - the presence of foreigners in Thailand is tolerated rather than welcomed. 

 

This has now set a president for any business owner in Thailand - Dual Charging is government sanctioned. 

 

 

It is news such as this which gives me pause to think - Is Thailand the correct place to live?

 

 

 

 

[4MyEgo]

Don't say I didn't tell you this would be the outcome.

[richard_smith237]

Just now, bkk_bwana said:

Matters relating to the constitution cannot be decided by a provincial administrative court.  If he won, it would have been appealed. This case will follow due process and find it's way to the constitutional court. 

I hope so...  the issue definitely needs further attention rather than sweeping under the carpet. 

[Nickelbeer]

No expat can ever expect justice from a Thai court. He should have been smart enough to realize this.

In Thailand, you will get exactly the amount of "justice" that you can BUY!!!!!

[ezzra]

Anyone who have been in this country longer than one day know that foreigners are being discriminated when it comes to many things in Thailand's everyday life, when such ugly practice will stop no one knows but this is one of downfall of living in this country and as long as Thai people don't really care to correct it, it shall remain so, like the other day our condo organised a Covid ATK test to all the unit owners and tenants, Thai for free forthrightness pays 600 baht... 

[4MyEgo]

3 minutes ago, richard_smith237 said:

It is news such as this which gives me pause to think - Is Thailand the correct place to live?

I too as like you knew what the outcome was going to be.

 

To answer your question above, in my opinion it's all about ducking and weaving to obtain the benefits of living here, one way depending on one's age and financial situation is to be insured, problem solved, charge what you want.

 

I also understand not everyone can fit into the above, but in my case thus far, it eliminates one of the ugly sides of dual pricing.

[Denim]

27 minutes ago, webfact said:

According to press reports the court said that it did not see the dual pricing as discriminatory suggesting the higher rates charged to foreigners who could pay more were good for the nation.

 

Once again it would appear that written laws on just about anything are meaningless if everything is at the discretion of the judges. They don't follow the rule of law they follow the rule of thumb.

[Regain]

They should expect public shaming in a online database of dual pricing if this goes further. Counterproductive to their PR spin to tourists.

[4MyEgo]

1 minute ago, ezzra said:

Anyone who have been in this country longer than one day know that foreigners are being discriminated when it comes to many things in Thailand's everyday life, when such ugly practice will stop no one knows but this is one of downfall of living in this country and as long as Thai people don't really care to correct it, it shall remain so, like the other day our condo organised a Covid ATK test to all the unit owners and tenants, Thai for free forthrightness pays 600 baht... 

Agree that not only foreigners get discriminated against, Thai's as well, but as you say, if they don't stand up, nothing will change.

 

As for your condo organising a Covid ATK test for all, I believe that would be highly illegal, unethical and wouldn't participate if it were me, besides, you can purchase those test kits for far much less and that would be the only way I would participate, depending on my mood ????

 

[richard_smith237]

11 minutes ago, ezzra said:

Anyone who have been in this country longer than one day know that foreigners are being discriminated when it comes to many things in Thailand's everyday life, when such ugly practice will stop no one knows but this is one of downfall of living in this country and as long as Thai people don't really care to correct it, it shall remain so, like the other day our condo organised a Covid ATK test to all the unit owners and tenants, Thai for free forthrightness pays 600 baht... 

[our condo organised a Covid ATK test to all the unit owners and tenants, Thai for free forthrightness foreigners pays 600 baht]

 

In this situation I would outright object.

 

Given the current situation its not unreasonable for them to ask owners and tenants to take an Antigen test IF they have valid reasons. i.e. IF a resident had recently tested positive and only IF it were free (or reasonably priced). 

 

If no resident has tested positive recently then the whole idea is just Theatre and some idiots in the juristic committee are attempting to flex their muscles - what can the do if you say no? call the police ? 

 

ATK kits can be purchased for 100 baht - Thai’s just can’t help themselves, someone is attempting to profit. 

 

The issues with the current covid-19 situation is that in many cases common sense seems to have been kneecapped in lieu of a people making ridiculous policies and requests without any in-depth critical thinking or true understanding of why, how or the consequences of such policies. 

 

I know - Off-Topic - but, some of these policies have highlighted the disregard for foreigners in Thailand, the vaccine roll out being such an issue. 

[jonclark]

Based on the contents of this (rather limited newspiece). It is fairly clear that an appeal will have good grounds imho. 

 

The plaintiff has argued that the dual pricing is unconstitutional. The judgement seems to have not answered that question, just saying, "Its okay because its for the good of the country." The judgement has not answered the plantiffs arguement about the constitutional validity of his complaint. Also there is no legal definition (that I know of) of what is 'good for the country' . 

 

If this good man has the time and money, I would take this to the consitutional court for review.

 

There could well be other element to the judgements which are not reported here which may answer his complaint. 

[RichardColeman]

You never see this 'possible additional charges' advertised in holiday brochures

[itsari]

All foreigners living in Thailand who object to the outcome of this case should consider a class action and appeal this decision . 

[Mavideol]

46 minutes ago, webfact said:

"The bottom line is that foreigners must pay 96% additional for labour cost.

 

"Foreigners must also pay 25% additional (cost) for highly trained English speaking personnel".

is the labour/work different if treating a foreigner or a Thai...... this is so ridiculous that hard to ignore  555

as for the highly trained English speaking personnel wonder if they charge the extra 25% to the highly trained Chinese speaking personnel..... the country is going down the pipes or has been going down the pipes since the general moved in

[2 is 1]

Other hand they want to drag as many farang's in country what they can.Then they slap you in face whit free hand. All these storys going forward to ear's of people who was still thinking spend holiday in Thailand. Thailand never ever going to see over 20 million tourist / year!

[Pravda]

Soon your Issan bargirl will ask for more cuz it's good for the country. Expect to pay 25% more if she is highly trained English speaker.....50 % if she understands German.

 

 

[bojo]

35 minutes ago, Nickelbeer said:

No expat can ever expect justice from a Thai court. He should have been smart enough to realize this.

Correct......................but at least he made a stand................good on him I say...................wished I had the gall....................

[khunPer]

54 minutes ago, webfact said:

According to press reports the court said that it did not see the dual pricing as discriminatory suggesting the higher rates charged to foreigners who could pay more were good for the nation.

That is true - "...good for the nation" - the major question is merely how much more an alien shall pay?

 

If the balance is right - i.e. minor or acceptable surcharge - then almost nobody would complain.

 

Another fact is that if you cannot afford - or by other means can get - a health insurance, you are on you own, i.e. on your own money. This means that if you cannot afford to pay for your health, then you shall consider if Thailand is the right place for you to stay as an alien.

 

It's not a matter of opinion - or a question about equality or discrimination - it's pure facts.

[khunPer]

24 minutes ago, RichardColeman said:

You never see this 'possible additional charges' advertised in holiday brochures

I would presume that it's part of "amazing" Thailand...????

[Denim]

13 minutes ago, Pravda said:

Soon your Issan bargirl will ask for more cuz it's good for the country. Expect to pay 25% more if she is highly trained English speaker.....50 % if she understands German.

 

 

And 100% more is she is especially naughty.

[wadman]

For goods and services that are subsidized by taxes (public funds), it's logical and reasonable that Thais should pay less.  Foreigners (unless they are paying tax) should pay a higher price.  I don't see a problem with that.

 

For goods and services that are NOT publicly subsidized it should be the same price. 

[ukrules]

1 hour ago, webfact said:

According to press reports the court said that it did not see the dual pricing as discriminatory suggesting the higher rates charged to foreigners who could pay more were good for the nation.

There we go then, it's official and allowed. Let the gouging continue and expand into every possible industry.

 

How long before we see dual pricing for airline flights, hotels, special extra taxes for foreigners, etc, etc?

[ikke1959]

This verdict will bring a lot of tourists to Thailand, now that it is clear that dual pricing is for the benefit of the economy and because foreigners have a lot of money. Very good Thailand that you show how much you care for your guests. But what if the same was happening in the foreign country with a Thai??? I believe it would be all over the news how bad falangs are

[ukrules]

51 minutes ago, Denim said:

They don't follow the rule of law they follow the rule of thumb.

I'm going to rename this to 'rule of dumb'.

 

Imagine sitting in your multi national companies HQ meticulously researching which country in South East Asia to locate your new 5000+ employee manufacturing facility - then you read something like this....

[Pravda]

12 minutes ago, Denim said:

And 100% more is she is especially naughty.

 

Yes, if she speaks British English.

[sanchmo]

Marry a Thai woman who you can trust and who is also a shrewd negotiator. I did and we've never had a problem.