Work permit question

[AnnaPin]

I have contract with Ukrainian affiliate of international company. This company has affiliate in Thailand as well. I’m home based employee.
To be able co continue my work in this company I should have appropriate visa or work permit. 
Please help, how can I get work permit with foreign company mentioned? Or could I work remotely for foreign company without work permit at all? If yes, please give any document as proof? Memo, legal docs or link for government site.

Many thanks in advance ????????

[tomazbodner]

From what I remember, the company you work for and requests WP for you must either be registered in Thailand and have 2 million THB registered capital per each foreign worker as well as 4? 7? Thai staff on payroll; or it is a representative office of a foreign company, registered in Thailand but there WP has a limited duration, which I can't remember what it was.

 

Anything else, you might be able to get away with it by being a digital nomad, and have that smart visa or whatever it's called, but in that case, without WP, it will be difficult to do many simple things, where work permits are generally required, such as opening bank account. Not saying impossible, just difficult.

 

There are some other visa types recently introduced that allow you to work in Thailand without work permit, but they are quite out of reach to many/most expats.

 

Above is written from memory and might be incorrect now. Would be worth to wait for some other responses with more updated information.

[FritsSikkink]

2 hours ago, AnnaPin said:

I have contract with Ukrainian affiliate of international company. This company has affiliate in Thailand as well. I’m home based employee.
To be able co continue my work in this company I should have appropriate visa or work permit. 
Please help, how can I get work permit with foreign company mentioned? Or could I work remotely for foreign company without work permit at all? If yes, please give any document as proof? Memo, legal docs or link for government site.

Many thanks in advance ????????

Have a look here: Smart Visa (boi.go.th)

[BritTim]

The best practical options are unlikely to be acceptable to the legal department of your international company.

 

If you are earning a high enough salary, the LTR-WFTP (Long Term Resident Work From Thailand Professional) or the already mentioned SMART visa may work.

 

Unlikely, but possible, could be for you to be directly employed by the Thai affiliate company (with internal reimbursement of the Thai affiliate by the headquarters company).

 

[Given the extreme paranoia of corporate legal departments, it is highly unlikely that you will be able to take advantage of the reality that digital nomads (no Thai customers or employer) are completely tolerated in Thailand, though not strictly allowed according to the law.]

[Maestro]

@AnnaPin

To make the discussion easier, I think we should use a diagram and nick names for the involved companies.

 

Does the following diagram correctly reflect your situation?

 

[FritsSikkink]

9 hours ago, Maestro said:

@AnnaPin

To make the discussion easier, I think we should use a diagram and nick names for the involved companies.

 

Does the following diagram correctly reflect your situation?

 

It also could be that Charlie Co is at the same level as Beta Co. 

In both cases she could ask if she could be on the payroll of Charlie Co who would charge Beta Co for her work she is doing for Beta Co.

[dxrdxr]

While I don’t know the details of Thai work permit requirements, I have worked for multinational corporations in remote countries.

 

By far the easiest way is to become an employee of the local subsidiary. Most multinationals will have a subsidiary to at least support their local sales team. There will be internal processes to move budget to support someone in a division that may not currently exist in the subsidiary, but that is usually not too complicated.

 

Becoming a local employee of a subsidiary usually makes the issues around a WP easier, as the subsidiary likely has a number of local employees and a sizable investment in the country. Although one negative factor may be that you will be put on the local pay scale and local benefits, which may be less than the home package.

 

[khunPer]

18 hours ago, AnnaPin said:

I have contract with Ukrainian affiliate of international company. This company has affiliate in Thailand as well. I’m home based employee.
To be able co continue my work in this company I should have appropriate visa or work permit. 
Please help, how can I get work permit with foreign company mentioned? Or could I work remotely for foreign company without work permit at all? If yes, please give any document as proof? Memo, legal docs or link for government site.

Many thanks in advance ????????

Legally, you need one of the new visas that allows you to perform distance work/work from "home"; i.e., a LTR (Long Term Resident visa) "Work - From - Thailand Professional" visa. You can find more information HERE.

 

In principle you cannot work legally in Thailand for a foreign company. However, there seems to be some doing it, keeping their work under the radar. In such case you need to find another kind of visa for long time stay in Thailand, for example if over 50 years old a retirement extension of stay and officially live of savings.

[Maestro]

8 hours ago, khunPer said:

...In principle you cannot work legally in Thailand for a foreign company. However, there seems to be some doing it, keeping their work under the radar. In such case you need to find another kind of visa for long time stay in Thailand, for example if over 50 years old a retirement extension of stay and officially live of savings.

 

This is not an option for AnnaPin, who has stated clearly that if she doesn't get a work permit, her employment contract will be terminated.

[AnnaPin]

23 hours ago, Maestro said:

@AnnaPin

To make the discussion easier, I think we should use a diagram and nick names for the involved companies.

 

Does the following diagram correctly reflect your situation?

 

Actually, Charlie Co. is on the same level with Beta Co. and even has the same name like Alpha Ukraine Co and Alpha Thailand Co.

[AnnaPin]

20 minutes ago, Maestro said:

 

This is not an option for AnnaPin, who has stated clearly that if she doesn't get a work permit, her employment contract will be terminated.

Yes, you are right.

[AnnaPin]

Thank you all for your replies! 
I will check all information and in case I will find decision I share it with you ????????

[khunPer]

12 hours ago, Maestro said:

21 hours ago, khunPer said:

...In principle you cannot work legally in Thailand for a foreign company. However, there seems to be some doing it, keeping their work under the radar. In such case you need to find another kind of visa for long time stay in Thailand, for example if over 50 years old a retirement extension of stay and officially live of savings.

 

This is not an option for AnnaPin, who has stated clearly that if she doesn't get a work permit, her employment contract will be terminated.

That's why there is a first section in my reply, which you didn't quote...

[AnnaPin]

14 hours ago, Maestro said:

 

This is not an option for AnnaPin, who has stated clearly that if she doesn't get a work permit, her employment contract will be terminated.

 

1 hour ago, khunPer said:

That's why there is a first section in my reply, which you didn't quote...

I have already quoted, thanks! But I'm not sure I meet all the requirements for such visa. I’m going to have consultation with lawyer about this.