Work Permit requirements getting more and more strict and additional

[LocalYokul 177]

Report from Bangkok Post dated Friday 6 April 2007 :-

 

Work Permits 101: a guide for foreigners

==============================

 

By TILLEKE & GIBBINS

 

A foreigner who wishes to work in Thailand is subject to the Alien Employment Act B.E. 2521 (AD 1978). The Act requires a foreigner to obtain a work permit from the Department of Employment, Ministry of Labour, prior to starting work in Thailand unless the foreigner or the work performed falls under an exception within the Act. For example, representatives of member countries and officials of the United Nations and specialised institutions and persons performing duties or missions under agreements between the Thai government and foreign governments or international organisations are not required to have work permits.

 

The term "work" is broadly defined under the Act as "engaging in work by exerting energy or using knowledge, whether or not in consideration of wages or other benefit". The Act prescribes 39 occupations that are reserved exclusively for Thais and strictly prohibited to foreigners. These include labour work, agriculture, animal husbandry, forestry and fishery, and professional occupations such as accountant, civil engineer, architect, and legal adviser/lawyer. The Act further provides that no one shall employ a foreigner without a work permit to work in his business or accept any foreigner to do work of a nature different from that specified in the work permit.

 

An applicant for a work permit must obtain a non-immigrant "B" (Business) visa from a Thai Consulate/Embassy in his country prior to arriving in Thailand. Regardless of the length of visa granted by the Thai Consulate/Embassy, when the foreigner enters Thailand, he will be allowed to stay in Thailand for up to 90 days. Prior to the expiration of the 90 days, an application for a one-year visa may be submitted in Thailand. If the applicant is a frequent traveller, he may choose not to apply for a one-year visa but instead apply for a multiple-entry "B"-type visa from a Thai consulate or embassy. Holding a multiple-entry visa, he can leave and enter Thailand repeatedly until the expiration date of the visa.

 

A Thai individual or legal entity registered in Thailand must act as employer or sponsor for a work permit applicant. There are various criteria put into consideration by the authority when reviewing work permit applications, among them:

 

- The nature of the business of the company (employer). The registered capital of the company, which must be at least two million baht (fully paid-up) per work permit. If a foreigner is married to a Thai citizen, the registered capital requirement is reduced to at least one million baht (fully paid-up).

 

- The number of local employees and foreign employees (generally a ratio of four local employees to one foreign employee is required if an applicant wishes to apply for a one-year visa in Thailand).

 

- The qualifications (education and work experience) of the applicant, which must match the job applied for.

 

- The required minimum monthly salary of the applicant, which depends on his nationality. Americans, Europeans, Australians, Canadians, or Japanese must have a monthly salary of at least 50,000 baht; Hong Kong, Singapore, South Korea and Taiwan nationals at least 45,000 baht; nationals of other Asian countries, Central and South America, Eastern Europe, Mexico, Russia, South Africa and Turkey at least 35,000 baht; and nationals of Africa, Burma, Cambodia, Laos and Vietnam at least 25,000 baht.

 

Once the work permit application is approved, the foreigner shall appear in person at the local labour office to pick up the work permit. Generally, a work permit application can be completed in about one to 10 working days depending on the qualifications of the applicants and employers.

 

Please note that if the employee wishes to leave the country, he shall apply for a re-entry permit to preserve the visa. A multiple re-entry is recommended if he is a frequent traveller. The validity period of the re-entry permit is based on the visa.

 

Working without a work permit or doing work other than that specified in the work permit is punishable by imprisonment not exceeding three months or a fine of up to 5,000 baht, or both. A foreigner who performs work exclusively reserved for Thais shall be punished with imprisonment of up to five years or a fine of 2,000 to 100,000 baht, or both. An employer who employs a foreigner without a valid work permit shall be punished with imprisonment of up to three years or a fine of 60,000 baht, or both.

 

All foreigners working in Thailand, regardless of nationality, are protected under the Thai labour law, which provides minimum protection for employees working in Thailand. Therefore, employers are required to provide to their employees, at the minimum, benefits and welfare according to the labour law. Employers who fail to comply with the provisions of the Thai labour law will be subject to punishment that includes both civil and criminal penalties.

 

Written by Pimvimol Vipamaneerut, Partner, and Alongkorn Tongmee, Attorney, Commercial Department, Tilleke & Gibbins International Ltd.

 

==============================

 

was told by a friend today, who is just now applying for a new work permit :

 

"

you are going to need to get a letter from a company you worked for

for at least 2 years, or multiple companies that add up to 2

years......if in thailand they check to see if you were issued a work

permit or not

"

 

This might be due to the nationality of the company he is working with, because I have never seen this requirement.

 

This letter is to have the company stamp and signature as well.

 

anyone else ever have to provide a letter of previous employment from your previous employer ?

 

these work permit restrictions are so strict that I think it's about time to look for work outside of LOS

 

it's just getting more and more difficult, and was a lot easier in the past

 

I know a few people who have been turned down for renewals

 

the end of the Toxin regime didn't stop the xenophobia

[Rhoel 2]

I have a photocopy of my last work permit - this negates the required letter ... you just need to show you worked legally here. The letter requirement is to check you have not been working illegally in Thailand. Now if you have been living here on savings and not working, just how you prove that is anyones guess, for the DOE will interpret that as illegal working.

 

Why can't they just fix the problem - it's not illegal working, it's the impossible application process, beuracy gone mad. Why change the visa system and cause an 10% reduction of tourists as the means of "fixing" the non-issuing of work permits.

 

For me, I have had enough to the daft shit coming out of BKK - I am relocating to Cambodia next week: My philosophy is "if Thailand doesn't want my 2 million Baht+ then Cambodia most certainly does".

 

The final straw was the refusal of a work permit - the conditions attached to it were insane: Cambodia as issued me with a one year business visa and work permit, issued tax numbers etc - with no lengthy paper work: The Thai work permit was 280 A4 pages. Also The change in the business law make having a business non-realistic - as it's explained to me (and it may be wrong), the change means 100% foreign investment, 51% Thai ownership. Think about that - the 51% can vote out the 49% and keep your investment. My ex-boss has just built a new facility in China ... seems he's reading the changes the same way.

 

Last week a friend in the UK sent me an excerpt which suggests the Thai economy is heading for the shitter in 2008, recession big time. It's another reason not to have big investments here.

 

It will probably get worse before it gets better - eventually, when the investment falls low enough, the politicians will do something about it. Of course, but then it will be too late.

 

Rhoel

[joekicker 53]

non-realistic - as it's explained to me (and it may be wrong), the change means 100% foreign investment, 51% Thai ownership. Think about that - the 51% can vote out the 49% and keep your investment.

 

It's kind of like being married, including getting screwed.

 

I agree with your interpretation of the new rules. They haven't been signed off yet, but it seems unlikely they will be amended.

[torrenova 644]

So if the economy goes down the toilet, they balance of payments goes out of control, exchange rates fall, the THB crashes and loads of tourists come back because of the cheap prices ? Fucking brilliant.

[aqua4 2]

So if the economy goes down the toilet, they balance of payments goes out of control, exchange rates fall, the THB crashes and loads of tourists come back because of the cheap prices ? Fucking brilliant.

 

1. Not with political instability;

 

2. Not with Southern violence coming North;

 

3. Not with laws barring foreign ownership/control;

 

 

There is a spirit of nationalism running right now. look at how they view large companies such as Tesco who they now claim are closing off many "mom and pop" stores. Of course they will not say that it is 7-11 killing off the stores because 7-11 is Thai owned.

[Bullfrog 2,224]

Those that were working here '97 \ 98 will be aware: it was dream world for us but hell for locals. Thai Baht for the pound went from 30 something to 80 something ( I know a keyboard warrior will correct me),Jobs were lost and face saving was impossible

 

 

Of course it will ballance out...But why does any Farang think he can do a better job than a Thai national in the position he is now holding? This is what confuses me?

 

Aqua4...I tried to PM you ...I am in Namibia now...fancy a pint???

[bart 0]

7-11 is Thai owned.

Well, it's a franchise. Not sure if that's the same thing as being "owned"

 

http://en.wikipedia.org/wiki/7-Eleven

[casper_uk 12]

But why does any Farang think he can do a better job than a Thai national in the position he is now holding? This is what confuses me?

 

1, More of a work ethic (generally)

 

2, better english skills

 

3, more 'acceptable' to foreign investors / purchasers

 

4, contacts abroad

 

5, contacts here

 

etc, etc

 

In the main though, if a postion is currently being held be a Thai, chances are that the Farang wouldn't be offered the job in the first place.

 

I'm currently setting up a Thai Company, but that's because I believe it will be best for me in the long run. I'll also be allowed to do the 'odd freelance job' here in Thailand without problems.

[LocalYokul 177]

looks like it's time to find work abroad

[StupidFucker 0]

looks like it's time to find work abroad

 

 

How's that Work Permit coming along mate? Have they even submitted the documents yet?

[LocalYokul 177]

hmm, nice username, stupid fucker

 

5555