Is a work permit application enough to hire a Burmese Domestic Helper in Thailand?

[silveo]

I work for a foreign government and currently posted to Thailand.  I found a person I'd like to hire part-time to help with household things.  She gave me a copy of her passport and a form that I thought was her work permit. However, after further inspection it appears to be an application she has (through an agency) to get her work permit. She said she had one before but had to reapply now. I don't quite understand everything because she does not speak english well, but she and a family member (who does have a work permit) claim that it's ok to hire her based off this application because it shows proof that she is getting one and for Burmese people they are one of three countries allowed to get a work permit in Thailand to be domestic helpers (this much I confirmed).

 

Can I legally hire her or do I have to wait until she has an actual work permit in hand? Is a submitted application as good as the work permit for a Burmese domestic helper in Thailand?

[BritTim]

My understanding (I am not completely sure) is that she can work as soon as she has been informed that the work permit is approved and will be issued, but she is then supposed to receive it within seven days. It all depends on the latest wording of the Ministerial Announcements.

[observer90210]

I would be more concerned in hiring a Burmese or any other Thai helper into my home that I do not know or who has not been recommended by a reliable 3rd party.

Edited August 25, 2023 by observer90210

[silveo]

19 hours ago, BritTim said:

My understanding (I am not completely sure) is that she can work as soon as she has been informed that the work permit is approved and will be issued, but she is then supposed to receive it within seven days. It all depends on the latest wording of the Ministerial Announcements.

Thanks. I wish there was a way I could find the latest policy via the Thai government.  Any idea how long work permits are taking for Burmese domestic workers?

[Krabi King]

Your best option is to visit the Labour Department near you and ask what is required. In "normal" situations work permits are applied for through the company the person wishes to work for. Since you are a private person, this must be a different process.

Once paperwork is submitted and in order it usually doesn't take very long for the work permit to be issued. At the most 2 weeks from my own experience.

 

Edit: I also always understood NOT to start working before the work permit has been issued.

Edited August 26, 2023 by Krabi King

[zzzzz]

NO!!!  u dont need a wp
Does she have an Non L-A visa? 
if not
She will need apply for a non L-A visa, (available for Laos, Burmese, Khmers)  than apply for a wp, Thai health id card and NON thai id card
I pay 10,200 baht /year for 1 Cambodian worker via an agent in Phuket 

After obtaining the L-A visa; WP/ health check/non thai id card takes 2-4 months

labor dept can help you where you are or if ur in phuket PM me and i'll give you the name/number of an agent that can make it all VERY easy
otherwise its lots of trips to the office, obtaining a quota , misc other paperwork

Edited August 27, 2023 by zzzzz

[BritTim]

2 hours ago, zzzzz said:

labor dept can help you where you are or if ur in phuket PM me and i'll give you the name/number of an agent that can make it all VERY easy
otherwise its lots of trips to the office, obtaining a quota , misc other paperwork

Would an initial visit to the local Labour Office, together with the prospective employee be a good initial step? While there, he could ask the Labour Department whether any of the preparatory steps had already been done, and whether there were local agents who could help streamline the process.

[zzzzz]

1 hour ago, BritTim said:

Would an initial visit to the local Labour Office, together with the prospective employee be a good initial step? While there, he could ask the Labour Department whether any of the preparatory steps had already been done, and whether there were local agents who could help streamline the process.

sure,  they have all the paperwork needed
First i'd look and see if she has an L-A visa

I have a great agent in Phuket,  ????

[silveo]

6 hours ago, zzzzz said:

NO!!!  u dont need a wp
Does she have an Non L-A visa? 
if not
She will need apply for a non L-A visa, (available for Laos, Burmese, Khmers)  than apply for a wp, Thai health id card and NON thai id card
I pay 10,200 baht /year for 1 Cambodian worker via an agent in Phuket 

After obtaining the L-A visa; WP/ health check/non thai id card takes 2-4 months

labor dept can help you where you are or if ur in phuket PM me and i'll give you the name/number of an agent that can make it all VERY easy
otherwise its lots of trips to the office, obtaining a quota , misc other paperwork

Thanks for your reply. I have no idea what kind of visa she has and her english isn't great so I can already see that asking her that question will probably be confusing.  Her passport from Myanmar was renewed in January 2023, but has a visa stamp of November 2019. The "until" and "signed" lines on her visa stamp are blank.

[silveo]

Also, I have a copy of her work permit application.  It looks like a cleaning company has sponsored her and submitted it on July 28 2023.  She said the process has been slowed due to recent changes in the Thai law, which I read about from a resolution on 5 July 2023.  The form was signed by a Thai labor director, so it appears that she's applied for her work permit and is just waiting for the issuance.  I think it's a given that she'll get it based on how Thailand gives special consideration for Myanmar immigrants as domestic helpers/workers. Just need to know if it's legal to employ her or not.  A bit of a headache.

[silveo]

4 hours ago, BritTim said:

Would an initial visit to the local Labour Office, together with the prospective employee be a good initial step? While there, he could ask the Labour Department whether any of the preparatory steps had already been done, and whether there were local agents who could help streamline the process.

How do I find the local Labor office? I'm in downtown Bangkok. Searched around on the net but not sure exactly what I'm looking for. Thank you for all your assistance.

[BritTim]

6 minutes ago, silveo said:

How do I find the local Labor office? I'm in downtown Bangkok. Searched around on the net but not sure exactly what I'm looking for. Thank you for all your assistance.

The Ministry of Labour headquarters is on Mitmaitri Road in Din Daeng, but easiest might be to send them a short email at [email protected], giving your location and asking them which office you should use.

[khunPer]

On 8/25/2023 at 1:23 PM, silveo said:

Can I legally hire her or do I have to wait until she has an actual work permit in hand? Is a submitted application as good as the work permit for a Burmese domestic helper in Thailand?

I had before a Lao as domestic help for six years. If nothing has changed, you need first to be eligible for obtaining a work permit for foreign domestic help. It was my Thai girlfriend that became eligible for employing a foreigner.

 

The actual work permit is a bit complicated – lots of paperwork and health check – so using an agent might be worth it. We paid 10,000 baht for the service, and find it was fully worth the money, as the agent made all arrangements with health check and interviews, including transportation to/from.

 

A work permit for domestic help from a neighbouring country is for two years, after which period you need to renew and do the process all over again – so we did it three times.

[zzzzz]

3 hours ago, khunPer said:

I had before a Lao as domestic help for six years. If nothing has changed, you need first to be eligible for obtaining a work permit for foreign domestic help. It was my Thai girlfriend that became eligible for employing a foreigner.

 

The actual work permit is a bit complicated – lots of paperwork and health check – so using an agent might be worth it. We paid 10,000 baht for the service, and find it was fully worth the money, as the agent made all arrangements with health check and interviews, including transportation to/from.

 

A work permit for domestic help from a neighbouring country is for two years, after which period you need to renew and do the process all over again – so we did it three times.

changed: before covid it was 2 years<"
NOW L-A extension/ Wp, health card & non Thai id card; ONLY 1 and same price
just did them .
 

[silveo]

1 hour ago, zzzzz said:

changed: before covid it was 2 years<"
NOW L-A extension/ Wp, health card & non Thai id card; ONLY 1 and same price
just did them .
 

How long does it take? Her application is dated 28 July 2023 and she is still waiting for a work permit.

[zzzzz]

we started the process in Feb,  
After the L-A visa extension,  6 weeks later got wp, month later did the medical,  than applied for the Non thai id card and that  arrived mid July
This is for Phuket using an agent< elsewhere might be different.

Edited August 29, 2023 by zzzzz

[impulse]

On 8/27/2023 at 7:28 PM, silveo said:

On 8/27/2023 at 3:09 PM, BritTim said:

Would an initial visit to the local Labour Office, together with the prospective employee be a good initial step? While there, he could ask the Labour Department whether any of the preparatory steps had already been done, and whether there were local agents who could help streamline the process.

How do I find the local Labor office? I'm in downtown Bangkok. Searched around on the net but not sure exactly what I'm looking for. Thank you for all your assistance.

I'm not sure that's a good idea.  If I read your posts correctly, she's not going to be your employee.  She's going to be working for a service, with which you contract.  The onus is on them to get her legal.  They're the ones on the hook if a problem arises.  I'd contact them and ask whether she can work before her WP is official.  Good chance you'd throw a wrench in the works if you showed up with her and without the agency that's filled out reams of paperwork (yes, that's hyperbole) to get her where she already seems to be in the WP process.

 

Not the same field as a Burmese domestic help, but I worked several months when I first got to Thailand before my WP was approved.  Because the gub'ment agency that approves WP's in my field only meets quarterly.  Technically, I suspect it was illegal, but widely accepted.  It caused no problems.

 

Edited August 29, 2023 by impulse