Work Permit for home office?

[Metapod]

Hi guys,

 

Hoping someone here can help clarify this detail for me.

 

Currently working for a company with a Non-B and Work Permit at an office in BKK. Due to a change in circumstances, looking to move my office to my spare bedroom in my Condo and work from home rather than our head office.

 

Is it possible to change the registration address on my work permit to my home address? My condo also has a very nice library/office in the building, which I would spend my time working out of (or from an office setup in my apartment).

 

 

[ubonjoe]

It might be possible to have that work location added to your work permit permit with permission of your employer. But it would  depend upon the work permit permit office it was applied for at.

[Metapod]

6 minutes ago, ubonjoe said:

It might be possible to have that work location added to your work permit permit with permission of your employer. But it would  depend upon the work permit permit office it was applied for at.

My employer is fine with it. Just need to figure out if it is possible to do it with the work permit as I know it is based on address.

[blackcab]

Not easily. You would have to register the business at your home address (either move the Head Office or create a new branch).

 

This is because the address(es) used in the work permit must first be listed on page 1 of the company DBD document. As part of the DBD registration process you would need to show the company either owned or leased the property.

 

As part of this move you would also have to register your new office for VAT, etc.

 

The company would also be expected to trade in some way from the new premises, which tends to mean issuing invoices, etc.

 

Finally you would need a letter from a company director authorising you to reside at the company's business address.

 

Personally, I would keep things as they are and then fly under the radar. Just don't tell people you work from home and be discreet.

[Metapod]

3 minutes ago, blackcab said:

Not easily. You would have to register the business at your home address (either move the Head Office or create a new branch).

 

This is because the address(es) used in the work permit must first be listed on page 1 of the company DBD document. As part of the DBD registration process you would need to show the company either owned or leased the property.

 

As part of this move you would also have to register your new office for VAT, etc.

 

The company would also be expected to trade in some way from the new premises, which tends to mean issuing invoices, etc.

 

Finally you would need a letter from a company director authorising you to reside at the company's business address.

 

Personally, I would keep things as they are and then fly under the radar. Just don't tell people you work from home and be discreet.

That sounds like more work than what we would be willing to go through. Hmm.

[JackThompson]

Consider this scenario:

- his desk at the company-office remains intact

- he spent fewer days/time at that desk

- he did some work on a computer from his condo (not the "library/office in the building")

 

Even if technically in violation (given remote-working technology was not existent/considered when the law was written), is there any chance that a work-permitted person, doing work only for the company on his permit, would face legal-actions for doing this?

 

Igloo obtains work-permits for foreigners to do work for remote-clients from Thailand.  Although they do have office-space, I don't think there is a stipulation that all the work done must be done from that office-space.  Therefore, I would think that the key would be not removing his physical workspace from the main-office - so he retains a workspace there.

[Mattd]

I do not think that a person that is holding a valid work permit and paying income tax etc. would have too many issues working from home, carrying out the same tasks as per the work permit, as Jack states, keep a work space at the office and make occasional visits.

Although the work permit does state a work location, the MOE / Labour department surely understand the need for some flexibility, most expat workers would be required to attend meetings, carry out remote inspections or audits, answer their phones or emails remotely and so on, in this day and age remote working is becoming more and more the norm, although the Alien working laws may not have moved with the times, there must be a certain amount of discretion that can be applied by the authorities to compensate.

In my line of work for instance, I do have to go to formal meetings, business lunches or dinners, visit ships in port here (mostly within the secure confines of Mahidol Naval port) etc. etc. often these vessel visits have been whilst immigration, customs etc. are on board and never once has anybody batted an eyelid at this. I do quite a lot of work from home as well, especially when it involves concentration, due to the quieter environment.

I may be terribly wrong, but my feeling is that so long as you hold a valid work permit, your employment remains within the confines of the job description in the work permit, you maintain a base in the company's registered office and you are paying the correct income tax / social security, then the chances of being prosecuted for working in your home are extremely low.

 

 

[elviajero]

1 hour ago, JackThompson said:

Even if technically in violation (given remote-working technology was not existent/considered when the law was written), is there any chance that a work-permitted person, doing work only for the company on his permit, would face legal-actions for doing this?

Maybe. It's certainly possible, especially if there is no evidence that the person works at the location on the work permit. The work permit specifies the locations the employee can work. So any work done away from that location breaks the conditions of the WP and would be prosecutable. I think they'd  probably be safe working at home based on you're scenario.

[chrisinth]

Maybe worth re-wording your job description to state that your work scope involves working out-of-office. Then use a company, letter-headed template (stamped & signed) stating that through work, you will be working in that place for a given time period. Re-date the template every two weeks or so.

 

Although not working at home, this was suggested by my local labour office and have been using this method for inspections for the last 3 - 4 years (out of province as well for most of the time) without incident. Mind you, nobody has ever asked to see the letter.

 

Again, maybe worth going to your labour office and running this past them to get their consent?

Edited October 31, 2017 by chrisinth

[Tanoshi]

2 hours ago, JackThompson said:

Consider this scenario:

- his desk at the company-office remains intact

- he spent fewer days/time at that desk

- he did some work on a computer from his condo (not the "library/office in the building")

 

Even if technically in violation (given remote-working technology was not existent/considered when the law was written), is there any chance that a work-permitted person, doing work only for the company on his permit, would face legal-actions for doing this?

 

Igloo obtains work-permits for foreigners to do work for remote-clients from Thailand.  Although they do have office-space, I don't think there is a stipulation that all the work done must be done from that office-space.  Therefore, I would think that the key would be not removing his physical workspace from the main-office - so he retains a workspace there.

Agreed.

 

Most teachers for one do there lesson plans at home.

[blackcab]

2 hours ago, Mattd said:

...my feeling is that so long as you hold a valid work permit, your employment remains within the confines of the job description in the work permit, you maintain a base in the company's registered office and you are paying the correct income tax / social security, then the chances of being prosecuted for working in your home are extremely low.

 

I agree completely.

 

In addition, it's going to be very difficult to prove if the OP is sensible about things.

[Guy360]

Have the company's legal counsel handle it.  Let him do the work and get it right from the start.  That is what he is there for.  If the company doesn't have a legal counsel, let them hire one.

 

[YetAnother]

17 hours ago, chrisinth said:

Again, maybe worth going to your labour office and running this past them to get their consent?

understand your logic but this approach is touchy; best to have another do the inquiry and use the old 'a friend' approach; example: my friend , thai lady owning a restaurant, wanted to legitimize her farang husband working in her restaurant, she , and he, went to the local bureauracy to legitimize it, work permit and all, and were told , vehemently, that it was a NOGO, (job a thai can do, etc) ; after that he was exposed and could no longer do anything in the rest; a downgrade from what he had been doing; and they checked...