WORK PERMIT

[sprog1]

We have had an enquiry, from someone we know, who wants to promote our business, by Advertising & selling on the internet.

They will get paid on commission on sales, but they have not got a Work Permit.

 They will be basically self employed, so who pays for the Work Permit?

Also how much is a Work Permit?

 How do they get one?

  Thanks eveyone

[tomazbodner]

Work permit requires an employer who needs 4/7 Thais employed for each foreigner, 2 million THB paid-up capital for each foreigner, profit shown in last year and paid taxes and social security. The applicant needs to have his own visas and the rest of paperwork in order. It is then applied at the labour department or one stop centre if company is sponsored by BOI.

 

I did not see a case where someone could apply for work permit on his/her own...

 

Here's some more: https://www.thaiembassy.com/thailand/work-permit-rules.php

[BritTim]

It will be tricky. First, the paperwork must show you will employ him directly. Second, as mentioned above, there are criteria that must be met before the Labor Department will grant the work permit. Once the labor department gives provisional approval, the guy then needs a Non Immigrant visa (usually a Non B) which with appropriate paperwork (including Labor Department provisional approval) can be applied for at most consulates near Thailand). Once he has this, the work permit is actually issued. As far as paying for the work permit (and visa) is concerned, that is between you and your proposed marketing guy. As long as the work permit is issued, the company is fully legal. However, his issues are not.

 

The Non B visa will only provide a permission to stay of 90 days. If he is on a high enough base salary, the permission to stay can be extended for a year at immigration. If he is on commission only basis, it is unlikely he can get an extension. He will likely need to do visa runs every 90 days for fresh Non B visas (probably issued based on the work permit, but possibly touch and go).

 

Quite often in such situations (on the quiet and illegally) people are employed as "occasional" outside consultants without work permits. A minimum tax is paid, with paperwork provided to the consultant who is responsible for clearing his tax obligations himself. If you talk to any good Thai accountant, they will be aware of this.

 

 

[timendres]

I recommend that you do not deal with work permits for this simple case, as it is complicated and expense, as outlined by @BritTim. Better to hire them as a freelancer. However, I am not certain what requirements you must meet to properly account for the expense and ensure there is no problem for your company, as I have only hired Thai freelancers.

[blackcab]

1 hour ago, tomazbodner said:

...profit shown in last year...

 

The hiring company does not need to make a profit.

[tomazbodner]

3 minutes ago, blackcab said:

 

The hiring company does not need to make a profit.

Only for renewal then or that has been scrapped? When I still managed my own work permit at the previous company there was a rule of minimum 1 million baht profit the previous year - given to me by the officer at the desk of Labour department in Din Daeng. But admittedly that's many years ago...

[blackcab]

There isn't a requirement for the hiring company to make profit. Profit is not needed to:

 

Obtain a Non B Visa

Apply for a work permit

Extend a work permit

Apply for a 1 year extension of stay based on a Non B

Extend a 1 year exterior of stay based on a Non B

 

It's been that way for at least 5 years - I don't know about prior to that sorry.

[tomazbodner]

Thank you for clarifying and great to see updated information.

[sprog1]

I would like to thank everyone for all the useful information you have all supplied, it's been a big help

Thank you

[EbhB]

Valuable info here, so thanks to everyone!

 

I will be going through this process myself in October, with my new company using a good lawyer.

 

If anyone has any further information, questions or warnings I would be happy to share my process here too!