Thailand Work permit requirement

A foreigner may work in Thailand if he has a valid visa and a work permit and is able to perform work that does not violate the Alien Employment Act (i.e.not engages in work prohibited for foreigners). The term work is defined very broadly, i.e. working by exerting one's physical energy or employing one's knowledge, whether or not for wages or other benefits. The law does NOT define work as doing something in return for financial or any other reward.

The applicant must be in the possession of a valid "Non-Immigrant" visa at the time they process the work permit application, however you can start the work permit application for the purpose of obtaining a Non-Immigrant B visa (i.e. some embassies require a valid work permit or a work permit application form WP 2 as one of the conditions for issuing a Non-Immigrant B visa).

There are a number of grounds upon which a work permit can be granted (this is in a discretionary basis will take into account usual considerations such as suitability and qualifications of the foreigner for the position). The permit may be granted to a foreigner who is empoyed in Thailand and;

• The company (employer) must have a fully paid-up registered capital of 2 million Baht to hire one foreigner, plus one person for every additional 2 million Baht (to a maximum of 10 people).
• If the registered capital of the company is less than 2 million the company can hire one foreigner if its total corporate income tax payment had been at least 5 million Baht for the past three years. The company can hire one foreigner for every 5 million Baht paid in tax.
• The employer has engaged in export which has brought into Thailand revenue of 3 million Baht in the previous fiscal year. The employer can hire one foreigner for every additional 3 million Baht up to a maximum of 3 people.
• The employer has at least 50 Thai employees per foreign employee up to a maximum of 5 foreign employees.
• A foreign employee must have paid personal income tax in the previous personal tax year (based on the minimum income requirement for his nationality) or if the foreign employee has not worked in Thailand previously, documents for potential employers confirming that, the foreign employee will obtain income in Thailand at lease in the amount of minimum income as specified based on the foreignes nationality.

The Labour Department may also issue or renew work permits regardless of the above criteria when the foreign individual falls into one of the following categories:

-employed as an international trade representative inspecting product quality, purchases or conducting market surveys
-employed as an investment or management technology adviser or internal auditor
-a tour representative bringing foreign tourists into Thailand
-employed in an international financial institute endorsed by the Bank of Thailand
-employed a non-profit organization on a temporary basis
-employed as a contractor on projects for state agencies or public enterprises
-employed in a business that mainly required the use of local raw materials
-employed in the Thai export sector
-employed in a business introducing and transferring technologies to Thailand
-employed in a sector where qualified Thai employees cannot be found
-married the cohabiting with a Thai national and has an honest employment.

In order to apply for one standard foreign employee's work permit in a limited company the employer/ foreigner is required to submit the documents as listed below:

1. Application form signed by the employee;
2. Letter of engagement/ employment from your company signed by the authorized Director of the company;
3. Company Affidavit/ Certificate of Incorporation and a copy of the list of shareholders (copies signed by authorized Director);
4. Audit report, balance sheet for 3 preceding years. If you do not have this, we have to provide an explanation letter stating that the company is less than 12 months old.  The authorized Director is required to sign this letter;
5. Employee’s personal income tax declaration form or withholding tax form. A failure to show that tax has been paid correctly will seriously prejudice the employee’s work permit application;
6. A written report stating the employee’s activities and declaration that the activities comply with the conditions stipulated in the work permit booklet.  The authorized Director is required to sign this report;
7. Map of the location of the company signed by the authorized Director;
8. Copy of the foreign employee’s passport (every page) plus the page showing a valid Non-immigrant visa stamp.  The employee is required to sign each page in blue ink.
9. Health certificate from a certified Thai doctor.
10. 3 colour photographs of the employee (5cm x 6cm)
11. Certified copies of the employee’s educational certificates (Degree or Diploma) and qualifications for the job.

Documents numbered 1 – 7 must be signed by the authorized Director of the company and the company’s seal must be affixed. Document number 8 must be signed by the employee (every page) to certify that it is a true copy. Document number 9 must be an original health certificate as issued by qualified and certified Thai doctor within Thailand. Most general hospitals issue such a document (cost should be not more than a few hundred baht).

Minimum income requirement for foreigners

From the 10 th of July 2004 , foreigners applying for non-immigrant visa extensions for employment in Thailand will have to meet an increased minimum monthly salary requirement by nationality and amount. It should be noted that this regulation applies to employees in the corporate sector (profit-making business). Employees with lower monthly salaries in other professions, such as teachers, can apply for non-immigrant visa extensions and work permits for employment in Thailand provided that the are able to provide an official letter of confirmation from a relevant government agency.

• Ministry of Labour (this website contains new laws and translations of relevant existing Thai laws including Ministerial Regulations, such as 'the Alien Employment Act' which was enacted to control employment by foreigners and the issuance of work permits to foreigners to reserve certain occupations for Thai nationas, 'the Labour Protection Act B.E. 2541 (1998)' , specifying the rights and duties of employers and employees in Thailand, and the 'Social Security Act B.E. 2533 (1980), this Act requires the collection of contributions paid by employers, employees, and the government for use in providing protection and welfare in respect of non-work related injury or sickness or invalidity or death, or maternity or child allowance or old-age, or unemployment to employees who are insured persons - http://eng.mol.go.th/law_labour.html)
• Department of Employment

The above information about work permits is not intended to be comprehensive, nor to provide legal advice. Laws and regulations change regularly, the above must be verified with the latest regulations (e.g. the minimum salary amounts are not up to date).

Information by Siam Expat Law (Phuket) contact info@siamexpatlaw.com for work permit assistance

up

back