Work permit when working for thai govt

[samran]

Situation  - Australian Citizen with Non-Immigrant B needs a work pemit. Working for a department within the Ministry of Finance as an individual consultant. Most of the staff within the department would not have a clue about the work permit process and are unlikely to help...so this person must do it themselves

Question 1)  As Ministry and Department is not a company,  the requirement for company documents/paid up capital seems to be non-applicable. What are the documents from the Ministry which will satisfy the workpermit people?

Question 2) Will the applicant be allowed to use the "one stop shop" for work permits rather than having to go through the whole long winded process?

Thanks

[caughtintheact]

I'm not sure if this will help or not, but unless someone with experience of this situation, you may have to get some legal help:

Sources for the below articles are at the end of the excerpt.  The second article may actually be of more benefit to you than this one:

The Alien Employment Act does, however, grant some limited exceptions to the work permit requirement. Members of diplomatic corps and consular missions of foreign countries, as well as the servants, which may accompany them, are not required to obtain a work permit. A person who per- forms duties under an agreement between the Thai Government and an international organization or foreign government is also excluded from the usual permit requirement. Furthermore, people who enter the Kingdom to perform a duty for the benefit of education, culture, arts, sports, or other activities prescribed by Royal Decree do not need a work permit. The Thai Government also permits certain aliens to work without a permit on a very limited and highly discretionary basis. An alien should contact the Labor Department to confirm whether he or she actually falls under one of these exceptions.

The Act also allows special treatment to some aliens who will work in Thailand on a strictly temporary basis. An exemption of the normal work permit requirement is provided to aliens who have to perform work of an urgent and essential nature. Aliens who qualify for this exception can enter Thailand on any type of visa and perform work for a maximum period of 15 days. However, written notification in an official form, signed by the alien and endorsed by the employer, must be signed by the Director Useful Info or an assignee before an alien can engage in this type of urgent work. Unfortunately, 'urgent and ‘essential' is not defined in the Act, and the granting of this exception is based solely upon the Department's discretion. Foreign citizens who enter the kingdom to work on a temporary basis at a local convention or exhibition are also exempted from work permit requirements. For this exception to apply, however, an alien can only stay in Thailand for a period less than 30 days. The Labor Department must also be informed of the situation before the seminar or exhibition convenes, unless a government entity is a co-sponsor.

There is also a limited exception for those aliens who plan to work for a company that is seeking approval from the Board of Investment. The Investment Promotion Act (No. 2) BE 2520 (1992) allows a foreign national to work in Thailand before an actual work permit is obtained. However, a valid permit must be acquired within 30 days of the alien's entry into the country in order to work on the promoted enterprise. If an alien is already present in Thailand, the 30-day period begins to run when the alien becomes aware that he or she will be granted permission to work under this Act. Failure to adhere to the conditions of this exception could incur a fine up to 1,000 baht.

Source: Skonchai & Oliver Law Consultancy Co., Ltd.

Source of above article:

Another source (see URL below) says that you need the following documents - notes in caps and parens are mine:

Application. Applications for a work permit must be submitted to the appropriate Labor Department office in the province where the work will be performed. Several documents are required to support the application. For the non‑immigrant applicant they usually are

-        A valid passport (NEED)

-        Evidence of qualifications for the employment. The evidence should consist of a copy of the applicant's highest educational degree and may include letters from previous employers. (PROBABLY NEED)

-        A medical certificate on a form specifically used for work permits. A full scale physical examination is not necessary. Work permit medical certificates are available at most clinics. (NEED)

-        Three photographs of at least 5 x 6 cm. (NEED)

-        An organization chart showing the applicants position in the company as well as all other Thai and foreign employees. (SHOULD GET FROM THE MINISTRY YOU ARE WORKING FOR)

-        Copies of the company's certificate and a list of shareholders. (PROBABLY NEED A LETTER OF INVITATION IN LIEU OF COMPANY DOCUMENTS)

-        Copy of the company's VAT Certificate or VAT registration application if the Certificate is not yet issued. (SHOULD NOT NEED)

-        A letter from the employer company describing the need and reason for employing the alien employee. (NEED)

-        A completed application form. (NEED)

-        Other documents as the Labor Department may request.

http://www.bia.co.th/chapter_19.htm

Moderator edit: Broken link eThailand link, (two rows), fixed now Source: