THAILAND WORK PERMIT
By: Magna Carta Law Office
If you are a foreigner intending to work in Thailand, you are subject to the Alien Employment Act, which requires you to have a work permit to be issued by the Ministry of Labour except for an approved temporary and urgent work for a period not exceeding fifteen days. In accordance with the format and procedures prescribed under the Ministerial Regulations, a Work Permit defines the locality you are permitted to work, length of time permitted to work, category or nature of work and the employer for whom you will be working. Any intention to change or increase the category of work, employer, working locality or conditions shall be effective only upon the approval of the Registrar in accordance with the rules and procedures prescribed under the Ministerial Regulations. Failure to comply with Thailand’s Employment regulations shall be punishable by fines and/or imprisonment.
Any work may be performed by foreigners provided that it is a job that will not in anyway compromise the national security, career opportunity of the Thai people and if the demand for foreign labour is necessary for national developments.
Any Foreigner who intends to work in Thailand must have a residence in Thailand or must be authorized to enter Thailand temporarily in accordance with the Immigration Law. The first step in the work permit application process is to obtain the correct visa. In most cases, the applicant will be required to apply for a Non-Immigrant Type “B” Visa which can be obtained in your home country or any neighbouring countries of Thailand. This allows the applicant to stay in Thailand for the initial 90 days which shall give ample time for the application of a work permit to take place.
Important points to consider in order to be granted a work permit
-One foreigner can be hired by a company for every 2,000,000 Baht registered paid-up capital.
-The occupation to be performed is not prohibited to foreigners by the Alien Employment Act of Thailand
-There are legal requirements for a minimum number of Thai employees per foreign employee depending on the status of the company. The standard ratio is 4 Thai employees to 1 foreign employee.
-It is compulsory for every company to pay TAX and contribute to the Social Security Funds.
– Non-immigrant visa must be obtained before entering Thailand.
Non-Immigrant Visa and Work Permit holders must report to the immigration office every 90 days and notify them of current address. If you wish to leave and re-enter the country within the validity period of your Visa and Work Permit, you are required to apply for and obtain a re-entry permit at the Immigration office before leaving the country. Without a re-entry permit, the permit for you to stay for the rest of the non-immigrant visa duration will become invalid.