Bangkok Law Online Article BaseWork Permit and Visa for Working in Thailand

Thai work permits and visas to Thailand

Source: Thailand Law Online

Employment in Thailand

The rights and duties of the employer and the employee are generally governed by the Labour Protection Act and the Civil and Commercial Code. Generally, under Thailand employment laws an agreement between the employer and the employee cannot be less than the minimum standards or requirements set by law.

Terms of Employment

The maximum probationary period permissible under Thai employment law is 120 days. All employers are required by labour law to provide at least 13 official public holidays per year, and six vacation days after one full year of service. Under Thailand labour law an employee is entitled to annual sick leave of 30 working days per year, with full pay. In addition to sick-leave, a pregnant woman is entitled to 90 days of maternity leave (inclusive of holidays), including 45 work days at full pay.

Termination of Employment

Employment termination with cause (in which event the employer can terminate employment without notice and/or compensation) is governed by the provisions of Section 583 of the Civil and Commercial Code and Section 119 of the Labour Protection Act, and includes gross negligence, willful disobedience, dishonesty or criminal act. When there is employment termination without cause, it is compulsory under employment laws that the employer make severance payment to the employee according to the length of unbroken service:

From 120 days but less than 1 year the amount is 30 days
1 year but less than 3 years the amount is 90 days
3 years but less than 6 years the amount is 180 days
6 years but less than 10 years the amount is 240 days
10 years and over the amount is 300 days

Foreigners working in Thailand and a work permit

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. A work permit should be obtained prior to starting employment and the work permit booklet must always be kept at the place of work of the foreigner for inspection by an Immigration Officer.

Note: 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. Working in Thailand without a work permit or during the work permit application could lead to arrests, imprisonment, fines and deportation out of Thailand.

To be eligible for a work permit the applicant must have a valid and correct 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). A work permit can be applied with a non-immigrant O or B visa, foreigners issued a non-immigrant OA visa (retirement) are not allowed to work in Thailand.

Following 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 employed 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 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:

Application form signed by the employee;
Letter of engagement/ employment from your company signed by the authorized Director of the company;
Company Affidavit/ Certificate of Incorporation and a copy of the list of shareholders (copies signed by authorized Director);
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;
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;
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;
Map of the location of the company signed by the authorized Director;
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.
Health certificate from a certified Thai doctor.
3 colour photographs of the employee (5cm x 6cm)
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).

Visas for working in Thailand

A non immigrant visa must be applied for at a Thai embassy or consulate prior to traveling to Thailand. This type of visa can be given as a 90 day single entry visa or as a 1-year multiple entry visa. In some cases it is possible to 'upgrade' a tourist visa or visa on arrival to a non-immigrant visa inside Thailand. Persons entering Thailand on a 'Non-Immigrant Visa' are granted a period of stay of 90 days each time they enter. Inside Thailand a long term stay permission can be applied for if the applicant meets the requirements, or has to leave Thailand and re-enter Thailand and will be granted again 90 days stay on arrival (popular called visa run).

Non-Immigrant visas are issued to persons who wish to enter Thailand as official visitors, business persons, employment, those arriving for investment-related activities that have been approved by the relevant government agency, those arriving for investment-related activities under the auspices of the Board of Investment, those visiting the country for study or observation, media personnel, missionaries belonging to missions that have been approved by the relevant government agency, scientific researchers or lecturers at research institutes in Thailand, experts in arts and crafts and others included under the Ministry rules such as family members of persons in the above categories, those working for state enterprises or for a public charity, elderly persons, those who formerly held Thai nationality, those needing to obtain medical care in Thailand, athletic coaches arriving to train Thai athletes, those arriving to participate in legal activities involving court cases.

To obtain a non-immigrant visa the foreigner must apply in person at a Thai embassy or consulate outside Thailand and submit a complete filled out visa application form, provide a passport or travel document with validity of not less than 6 months, recent passport-sized photographs of the applicant taken within the past 6 months and supply documentary evidence (e.g. documentary evidence of employment). There are guidelines for supplementary evidence in each visa category but the decision to grant a non-immigrant visa based on the evidence supplied by the applicant rest at the discretion of each diplomatic mission. Travelers are advised to contact the concerning Thai embassy or consulate to find out where they may apply for a visa to Thailand and the required documentation. Note that most embassies and consulates around Thailand generally require more documentation and are more strict than embassies and consulates in some western countries or the foreigner's home country.