Removing Thai staff after getting the one year business visa

[Jaythekol]

We have just got the one year visa however since business is not doing well yet. Would it be okay to remove the staff for now and rehire them once the visa and work permit needs to be renewed? Or do we risk the visa getting cancelled? 

[blaze master]

Thays called a bait n switch. You need to maintain the staff for tax purposes. 

[NanLaew]

12 minutes ago, Jaythekol said:

We have just got the one year visa however since business is not doing well yet. Would it be okay to remove the staff for now and rehire them once the visa and work permit needs to be renewed? Or do we risk the visa getting cancelled? 

 

Good grief...

[DrJack54]

Seems your plan is to stop the conditions of the visa. 

Not best Annology however consider extension based on marriage then divorce occurs.

What's your guess of status of permission of stay. 

[jippytum]

You are not observing the conditions of the visa and treating your Thai employees unfairly. 

Teminatlon of the visa would not be unfair under the cicumstances. 

[Maestro]

I don't think the termination of the Thai employees directly affects the OP's permission to stay.

 

The question is whether the company's business registration would be cancelled, which would then void the OP's work permit and his permission to stay if that extension is based on employment with this company.

[JellyBabies]

Also to be considered is that one of your ex-staff might report you to immigration and lead to the cancellation of your visa

[Maestro]

On 3/20/2025 at 2:29 PM, Jaythekol said:

We have just got the one year visa however since business is not doing well yet. Would it be okay to remove the staff for now and rehire them once the visa and work permit needs to be renewed? Or do we risk the visa getting cancelled? 

 

@Jaythekol 

1. With "we", whom do you mean in addition to yourself?
2. What is the basis of your current permission to stay?

[MadMuhammad]

I just had a random second immigration visit to my business, in the last 6 months. where I had to have 4 staff present with copies of current ID’s, same as when I applied for my non-B & WP initially
There are random checks inside the first 12 months the officer stated. 
 

I’m located in Pattaya City

[timendres]

When you go to renew your extension based on a work permit, you will be required to

show the social security tax payments for your entire staff for the 3 months prior to the

renewal. That's assuming that they do not show up at your office asking to see your staff

before the renewal, or even shortly after you obtain your extension. For me, they showed

up at the office four months into the extension expecting to see the staff in the office.

 

[Maestro]

I've learnt something new. The reduction of Thai Thai employees below the required minimum number does, in fact, have a direct effect on the permission to stay if the immigration office chooses to do an inspection.

 

Thank you, @MadMuhammad and @timendres for your posts.

[scorecard]

On 3/20/2025 at 8:29 PM, Jaythekol said:

We have just got the one year visa however since business is not doing well yet. Would it be okay to remove the staff for now and rehire them once the visa and work permit needs to be renewed? Or do we risk the visa getting cancelled? 

 

The staff are human beings, employees with expectation and no doubt they were given promises.

 

When the visa and work permit needs to be renewed, will they still be available?

 

They may well have moved on geographically and in terms of employment / maybe better employment. And  and will they trust you? 

 

 

[timendres]

On 3/22/2025 at 3:14 AM, scorecard said:

The staff are human beings, employees with expectation and no doubt they were given promises.

 

In fact, every one of my employees signed an employment contract.

This contract spelled out very clearly the circumstances under which employee could be fired.

It also stated that the company would adhere to the Thai labor laws.

You should be up to speed on those laws, as they have real implications for your business.

[ChaiyaTH]

Employees have nothing to do with a business visa, they are related to work permits.

[scorecard]

1 hour ago, timendres said:

 

In fact, every one of my employees signed an employment contract.

This contract spelled out very clearly the circumstances under which employee could be fired.

It also stated that the company would adhere to the Thai labor laws.

You should be up to speed on those laws, as they have real implications for your business.

 

And you display clearly that you're not up to date with all aspects of these laws. And how you could get your business deregistered. 

[Jaythekol]

On 3/21/2025 at 10:07 PM, Maestro said:

 

@Jaythekol 

1. With "we", whom do you mean in addition to yourself?
2. What is the basis of your current permission to stay?

1. With we I mean my foreign partner. I have got Thai citizenship.  
2. Permission to stay based on the work permit

[Jaythekol]

On 3/22/2025 at 12:32 AM, MadMuhammad said:

I just had a random second immigration visit to my business, in the last 6 months. where I had to have 4 staff present with copies of current ID’s, same as when I applied for my non-B & WP initially
There are random checks inside the first 12 months the officer stated. 
 

I’m located in Pattaya City

Thank you for the info.

[Jaythekol]

On 3/22/2025 at 12:48 AM, timendres said:

When you go to renew your extension based on a work permit, you will be required to

show the social security tax payments for your entire staff for the 3 months prior to the

renewal. That's assuming that they do not show up at your office asking to see your staff

before the renewal, or even shortly after you obtain your extension. For me, they showed

up at the office four months into the extension expecting to see the staff in the office.

 

Duly noted and thank you for the details.