Work Permit Rules

[ukdog]

Confused,

I am given to understand that I do not need 4 Thai workers to apply for a a work-permit. (I have a one year multi entry B visa)

However, when I apply for for an extention to that visaI will need to show 4 thai workers.

Ok, so do I or do I not need 4 Thai workers to support my application for A work permit?

dog

[s_kates81]

in order to apply a workpermit,it's not necessary to have 4 thai workers.Labour department doesn't require 4 thai workers to issue a workpermit to a foreigner.But in order to extend your visa for 1 year,u need to have 4 thai workers to show to the Immigration.(documentation) This is an immigration requirement for extension of NON-B up to one year.If you have a workpermit already,and u dont' fulfil the requirments for one year extension at the Immigration,You can get a one year multiple NON-B visa at your home country,and have border runs every 3 months.It's quite easier.

[opalhort]

Confused,

I am given to understand that I do not need 4 Thai workers to apply for a a work-permit.  (I have a one year multi entry B visa)

However, when I apply for for an extention to that visaI will need to show 4 thai workers.

Ok, so do I or do I not need 4 Thai workers to support my application for A work permit?

dog

if your firm has just been registered and your position is MD and it is your first WP application you can get the WP without any Thai employees. your WP will be stamped with a condition to employ x Thai employees and when the time for renewal comes you have to show evidence that you did as directed.

this has nothing to do with the VISA! only the Labour department is concerned about this

opalhort

[Indo-Siam]

The Labor Ministry Work Permit department no longer asks anything about other employees. So - you do NOT need 4 Thai employees - or any other employees.

But - when issued, your work permit will only be good until expiration date of your present entry permit - meaning that at best, it will be valid for less than 83 days(probably more like 60 days, in most cases).

So - if you do not have an extended entry permit, you will have to make visa runs every 90 days, and then obtain revalidation of your work permit - and to do this without starting all over from scratch, your work permit booklet - and passport with a fresh Class B entry permit - plus a completed work permit renewal application with 750 baht attached - must be back at work permit office BEFORE the expiration date on that initial (or previous) work permit.

To get an extended entry permit based on employment, you do need four Thai employees, plus 2,000,000 baht in paid-in capital, for EACH foreign employee.

If you are planning to try to work your way through the Thai government bureaucracy on your own- well, you best have a LOT of free time to fill in. The various offices seem to exist to find flaws in your application, and turn you back. Labor Ministry is pretty straightforward. Immigration is another kettle of fish.

Good luck!

Steve Sykes

Managing Director

Indo-Siam Group

Bangkok

[email protected]

www.thaistartup.com

[Sunbelt Asia]

To get an extended entry permit based on employment, you do need four Thai employees, plus 2,000,000 baht in paid-in capital, for EACH foreign employee.

Spot on Steve, except its only the ratio between Thai and foreign employee that must be at least 4 : 1 for the extension of stay for the one year visa NOT 2 million paid in capital per foreigner. In fact the regulation states the entire Registration fund must be at least Baht 2 Million while operating fund must be at least Baht 1 Million for the company.

Of course the applicant also must earn at least in accordance with the level specified for each nationality as a requirement as well and that includes the Thai employees.

Document Required for the Extension of Stay...

1. Application form (T.M. 7 )

2. Passport or document used in lien of passport and its copies .

3. The applicant’s 4 x 6 cm. photograph .

4. Extension fee Baht 1,900.-

5. The company’s letter certifying as follows ;

- Nature of business

- Reason or necessity in employing the applicant his / her position, salary and education background.

- Number of Thai and foreign employees.

6. Copies of work permit or receipt of work permit application.

7. Company’s annual balance sheets.

8. The juristic person’s Annual Income Tax Declaration Form (Form No.50) of the latest year and its receipt of payment.

9. Thai employees Monthly Income Tax Declaration Form (Form No.1 ) of the latest month and its receipt of payment.

10. The applicant’s Annual Income Tax Declaration Form (Form No.91) of the latest year and its receipt of payment.

11. The official letter that certify the registration of such juristic person.

12. Business Registration or Business License.

13. Value Added Tax Registration and list of share holders.

14. A map that indicate location of the Company.

15. For those who operate export business, the documentary evidence clarifying its export activities is needed.

16. For those who operate tourism business, the documentary evidence clarifying its total number of tourist that brought in by the company is needed.

N.B. In case of necessity , documents No.7 , 8 , 9 , and 10 can be substituted by the company’s letter stating its reason.

www.sunbeltasia.com

Note: The above is intended to provide general information only. The contents do not constitute legal advice and should not be relied upon as such. If legal advice or other expert assistance is required, the services of competent Thai professionals should be sought. Our firm employs eight such individuals. You're able if you like, to meet a licensed lawyer employed by Sunbelt for your legal needs; the first meeting is always treated as a free consultation.

[Indo-Siam]

Actually, you also need the social fund pay-in form and receipt - but this one does not have a number, as far as I know.

Steve

Indo-Siam

[opalhort]

Actually, you also need the social fund pay-in form and receipt - but this one does not have a number, as far as I know.

Steve

Indo-Siam

the social fund form is numbered Sor Por Sor 1-10 (สปส 1-10) page 1 is a summary (incl. employer contributions), page 2 details for each employee.

opalhort