Sunbelt Asia Posted June 18, 2008 Share Posted June 18, 2008 Please find the translated version of the old and new Working Alien Acts. The Labor Dept started handing out the Thai booklet version last week. Please be aware the fee rates are the maximum that can be charged. The "Fund Committee for Deportation of an Alien out of the Kingdom" has not met and set the Ministerial Regulation for the time, rate and amount of the salary deduction for each nationality. Working_Aliens_Act__1_.pdf www.sunbeltasiagroup.com Link to comment Share on other sites More sharing options...
NHJ Posted June 18, 2008 Share Posted June 18, 2008 thanks a lot for this important information, i'm reading it actually. i guess the fees mentioned at the end of the file are the fees including your rates? Link to comment Share on other sites More sharing options...
simon43 Posted June 18, 2008 Share Posted June 18, 2008 Greg, can you summarise any important changes between the old and new acts? Simon Link to comment Share on other sites More sharing options...
TheWalkingMan Posted June 18, 2008 Share Posted June 18, 2008 This is my first time to look at the fees and are those the government fees? Wow. I think I paid about 2k baht for a 3 year work permit in Japan. Oh, thanks for posting! TheWalkingMan Link to comment Share on other sites More sharing options...
NHJ Posted June 18, 2008 Share Posted June 18, 2008 <br />Greg, can you summarise any important changes between the old and new acts?<br /><br />Simon<br /> as far as i could read, four majors changes are present. 1) any company willing to hire a foreigner will have to pay an amount to a deportation fund, if the employee has to be deported, the remaing amount covering the different fees related to the deportation will be covered by the fund itself, the boss will not have to pay the rest. 2) any company willing to hire a foreigner without appropriate qualification will have to pay a fee. 3) any company hiring a foreigner that doesn't have his permanent residency in thailand will have to pay a fee. 4) the work permit will be issued with a validity of two years instead of one actually. Link to comment Share on other sites More sharing options...
ThaiLawOnline Posted June 18, 2008 Share Posted June 18, 2008 This is great information. Thanks. Link to comment Share on other sites More sharing options...
Sunbelt Asia Posted June 19, 2008 Author Share Posted June 19, 2008 i guess the fees mentioned at the end of the file are the fees including your rates? No these are the maximum government fees they are allowed to charge. For instance before they could have charged 10,000 Baht but the Labor Dept only charged 3,100 Baht for the year. They now have raised it to 20,000 Baht but still are charging 3,100 Baht. It’s similar to rack rates posted on a hotel room. By the way our professional fees are 6.500 Baht for a new application and 3,900 Baht for the renewal. www.sunbeltasiagroup.com Link to comment Share on other sites More sharing options...
NHJ Posted June 19, 2008 Share Posted June 19, 2008 thank you for your informations regarding the fees, i didn't know they were allowed to charge so much considering the usual charge to issue a work permit. btw are the four major changes i spoke about correct? Link to comment Share on other sites More sharing options...
Sunbelt Asia Posted June 19, 2008 Author Share Posted June 19, 2008 Greg, can you summarise any important changes between the old and new acts?Simon The biggest change is that they will be taking monthly money out of everyone’s pocket that has a work permit. This money is to go to the deportation fund. If you are not deported they will give it back to you 30 days after you leave the country and requested it. If it takes more than 30 days they must pay interest of 7.5%. You have two years to ask for the return of the deduction. The employer will be fined 2% of the employee’s monthly salary if they fail to deduct it from the employee. (At this time they are in talks that the deportation fund will only be deducted from citizens of Laos, Myanmar and Cambodia but this is not official yet.) The second change is it’s no longer a criminal offense for an employer to employ an employee with no work permit. An employer can be fined from 10,000 Baht to 100,000 Baht but no prison term. An employee with no work permit can be sentenced up to 5 years or a fine of 2,000 Baht to 100,000 Baht or both. The third change is the maximum rate they can charge which is now 20,000 Baht for the applicant. If you as an employer employ someone who is not an expert or specialized person you can pay up to 10,000 Baht additional for each work permit application. The Forth change is the work permit can be valid for two years instead of one year. These are the biggest changes. www.sunbeltasiagroup.com Link to comment Share on other sites More sharing options...
Sunbelt Asia Posted June 19, 2008 Author Share Posted June 19, 2008 1) any company willing to hire a foreigner will have to pay an amount to a deportation fund, if the employee has to be deported, the remaing amount covering the different fees related to the deportation will be covered by the fund itself, the boss will not have to pay the rest. It's the employee that has to pay to the deportation fund. Its deducted from his salary. 2) any company willing to hire a foreigner without appropriate qualification will have to pay a fee. Maximum of 10,000 Baht if they are not an expert or work in a specialized field 3) any company hiring a foreigner that doesn't have his permanent residency in thailand will have to pay a fee. If you are talking about paragraph 11, this is in refrence to a foreigner applying for the work permit without being in Thailand at that time. 4) the work permit will be issued with a validity of two years instead of one actually. correct www.sunbeltasiagroup.com Link to comment Share on other sites More sharing options...
Mario2008 Posted June 19, 2008 Share Posted June 19, 2008 Are there any changes regarding volunteer work? Link to comment Share on other sites More sharing options...
Sunbelt Asia Posted June 19, 2008 Author Share Posted June 19, 2008 Are there any changes regarding volunteer work? No mention of volunteers. The government stance work permits is still very broad that work paid or not paid, still requires a work permit. A volunteer group can apply for work permits with the employee not getting a salary. www.sunbeltasiagroup.com Link to comment Share on other sites More sharing options...
Mario2008 Posted June 19, 2008 Share Posted June 19, 2008 Thanks for the reply. Link to comment Share on other sites More sharing options...
raro Posted June 20, 2008 Share Posted June 20, 2008 I cannot download that file. It says something about invalid document. Anyways...how do they determine what is a "qualified" employee? As to my understanding, the rules have become a bit better, albeit at a higher price! Link to comment Share on other sites More sharing options...
raro Posted June 21, 2008 Share Posted June 21, 2008 a friendly board member forwarded the file for me. A long but interesting read. There is no mentioning of minimum salaries, number of Thai employees and so on. Where do those requirements come from? Is this regulation already in effect? ...and again...this bit with the qualification or the lack of it. I understand that if you want to employ someone the Labour Department deems not qualified for the job you can fix this problem with a 10,000 Baht fee. Is this correct? Link to comment Share on other sites More sharing options...
dauu Posted June 21, 2008 Share Posted June 21, 2008 Section 4. This Act does not apply to performance of specific duty by aliens in the Kingdom in the following capacities: (1) as members of a diplomatic mission; (2) as members of a consular mission; (3) as representatives of member countries and officials of the United Nations and specialized institutions; (4) as personal servants coming from foreign countries to work regularly for persons in (1) or (2) or (3); (5) as persons who perform duty or mission under an agreement concluded between the Government of Thailand and foreign Governments or international organizations; (6) as persons who perform duty or mission for the benefit of education, culture, art, sports or other activities as may be prescribed by the Royal Decree .ALL MOST EVERY TOUR GROUP ARRIVE TO THAILAND HAVE A TOUR LEADER. DO THEY NEED A WORK PERMIT? OR THEY ARE UNDER Section 4 Link to comment Share on other sites More sharing options...
Mario2008 Posted June 21, 2008 Share Posted June 21, 2008 I'm in no way an expert on this, but section 4 doesn't mean tour leaders don't need a WP. Just as a teacher still needs a WP. The important words here are "duty or mission". The new rules don't change anything on this point. Link to comment Share on other sites More sharing options...
JohnC Posted June 21, 2008 Share Posted June 21, 2008 Just two points for clarification, the translation starts at Para 3, what happened to para 1 & 2 ?? When does this new act come into effect i.e when is it law. Link to comment Share on other sites More sharing options...
dauu Posted June 21, 2008 Share Posted June 21, 2008 BUT NOT AS A TEACHER. .THE GROUP IS COMING FOR 2 WEEK'S AND LIVE. .THE NEXT TIME CAN BE AFTER 2 WEEK'S OR A MONTH. AND SOME TIME THE TOUR LEADER , DON'T KNOW ONLY SOME DAY'S BEFORE THAT HE HAVE A NEW GROUP COMING. Link to comment Share on other sites More sharing options...
Mario2008 Posted June 21, 2008 Share Posted June 21, 2008 About when it will come in effect I understand it is still uncertain. But that they provide the information to all the labor offices already would suggest within a month or 5. But Sunbelt will know best. Dauu. I understand that the tour leader will come with the group end will leave with the group, so doesn't life in Thailand permanently. But the definition of labor still aplies and one need a workpermit to work in Thailand as a foreigner. I don't beleive one can get a job as a tour leader, as foreigners are banned from working in specified jobs. But I'm not sure of the definition of a "tour conductor". Have a look at http://www.boi.go.th/english/download/busi...stment-laws.pdf You want to have a look at appendix 2, page 18 and 19, nr. 34. Link to comment Share on other sites More sharing options...
Maestro Posted June 21, 2008 Share Posted June 21, 2008 ....ALL MOST EVERY TOUR GROUP ARRIVE TO THAILAND HAVE A TOUR LEADER.DO THEY NEED A WORK PERMIT?... It depends very much on the work your tour leader does. Does he accompany the tour group on the flight to Thailand, upon arrival show them the way to the immigration desk, show them the way to the baggage carousel, lead them through the customs exit, and then hand them over to the hotel representative, who in turn will lead them to the hotel bus? If so, no work permit needed. Any person travelling in a group of tourists can do this. Is your tour leader, on the other hand, a representative of the foreign tour agency stationed in Thailand, manning one of the desks you see in the lobbies of tourist hotels to give members of the tour group information and assistance during their stay in Thailand? In this case I believe the representative is attached to a Thai travel agency and has the necessary work permit. -- Maestro Link to comment Share on other sites More sharing options...
dauu Posted June 21, 2008 Share Posted June 21, 2008 the tour leader some time he accompany the tour group on the flight to Thailand, upon arrival show them the way to the immigration desk, show them the way to baggage carousel, lead them through the customs exit, and then hand them over to the tour guide. but he accompany the group all the way 14 day's. bangkok-chiang rai-chiang mai-phuket-krabi-and back to the flight. .there is a local guide in bangkok.another one in the north.and another one IN the south. but because most of the tourist in the group don't know English and there is no local guide how speak their language! the tour leader translate the guide. and some time the tour leader is waiting in Thailand for the next group. 2 week or more . and meet them together with the local guide. tour leader, is a representative of the foreign tour agency . but don't have a desks you see in the lobbies of tourist hotels . but yes he give to members of the tour group information and assistance during their stay in Thailand. togeether with the local guide. Link to comment Share on other sites More sharing options...
amilucky Posted June 22, 2008 Share Posted June 22, 2008 Hello Everybody , I wanna ask following questions. 1. My Thai work permit/visa is going to expire on 30th june, as I am going to start the process to extend. Actually I am running small company and showing my position as a Director of company. 2. Is that possible I can get 2 yrs work permit Or any benefits can you advice me? If yes... What I have to do before I go for extend my Visa/Work permit? 3. As I am working here working in Thailand from past 5 yrs continuously. Will I get any benefits from new changes? Thanks for reply in advance. Link to comment Share on other sites More sharing options...
monkfish Posted June 22, 2008 Share Posted June 22, 2008 Thanks and what great great ! new legislation! This should boost the Thai economy attracting foreign investors with no shortage of cheap Illegal workers now. Link to comment Share on other sites More sharing options...
Briggsy Posted June 22, 2008 Share Posted June 22, 2008 (edited) My understanding is that the work permit is usually granted to the date that the alien is permitted to stay in the country. Since most aliens are on yearly extensions, (there are others on Permanent Residency and with longer extensions working for BOI privilege companies) then the change to allow 2-year work permits will not apply to the majority. Is my understanding correct? Sorry, forgot about those who have WPs but only receive 90 days' permission to stay at one time. These people also will not be able to receive 2-year work permits. Is this right. Edited June 22, 2008 by Briggsy Link to comment Share on other sites More sharing options...
ding Posted June 22, 2008 Share Posted June 22, 2008 No these are the maximum government fees they are allowed to charge. For instance before they could have charged 10,000 Baht but the Labor Dept only charged 3,100 Baht for the year. They now have raised it to 20,000 Baht but still are charging 3,100 Baht. It’s similar to rack rates posted on a hotel room. By the way our professional fees are 6.500 Baht for a new application and 3,900 Baht for the renewal. www.sunbeltasiagroup.com That seems mighty reasonable. Thanks for the useful post. I wish the ex-im part of doing business in Thailand was as reasonable. Without a decent bankroll you're willing to roll the dice with it's too much of a gut-burner! Link to comment Share on other sites More sharing options...
Sunbelt Asia Posted June 23, 2008 Author Share Posted June 23, 2008 There is no mentioning of minimum salaries, number of Thai employees and so on. Where do those requirements come from? It is the Department of Employment Regulations Governing the Criteria of Considering Permitting the Work of Foreigners A.D. 2004 that is set by the Director-General of Employment Department but notice the Labor Dept can set their own rules and they do. If they follow the Working Aliens Act 2551 or Department of Employment Regulations Governing the Criteria of Considering Permitting the Work of Foreigners A.D. 2004 they would not have any requirements for number of Thai employees or salary( except for natural person employer). As often is the case the head of the Labor Dept sets their own guidelines along with the Working Act and Dept Regulations. http://www.thaivisa.com/forum/index.php?showtopic=18599 Is this regulation already in effect? Yes since Feb 22nd 2008. But no announcement yet on the deportation fund. Also BKk is not doing the two year visas yet. ...and again...this bit with the qualification or the lack of it. I understand that if you want to employ someone the Labour Department deems not qualified for the job you can fix this problem with a 10,000 Baht fee. Is this correct? We have found the Labor Dept in BKk to be VERY much above board while Pattaya insist on "extra" fees.We even went to the Deputy Mayor on this problem in Pattaya. www.sunbeltasiagroup.com Link to comment Share on other sites More sharing options...
Sunbelt Asia Posted June 23, 2008 Author Share Posted June 23, 2008 Seems to me that these changes are going to make working conditions here even worse. If employers can now safely hire workers without a work permit for a token fine, what incentive is there for employers to get their workers legal? The fine will probably be less than the visa/work permit fees anyway. If its 100,000 per illegal employee, it could be steep. On the fourth change, if work permits can be valid for 2 years, are we going to start seeing 2 year visa extensions given by immigration? Or does this mean work permits will no longer be tied to the visa? It won't be tied to the visa or extension of stay permit. www.sunbeltasiagroup.com Link to comment Share on other sites More sharing options...
Sunbelt Asia Posted June 23, 2008 Author Share Posted June 23, 2008 .ALL MOST EVERY TOUR GROUP ARRIVE TO THAILAND HAVE A TOUR LEADER.DO THEY NEED A WORK PERMIT? OR THEY ARE UNDER Need a work permit but would not qualify as this is a job restricted to foreigners. Would have to have another job title other than "Tour Leader". www.sunbeltasiagroup.com Link to comment Share on other sites More sharing options...
Sunbelt Asia Posted June 23, 2008 Author Share Posted June 23, 2008 2. Is that possible I can get 2 yrs work permit Or any benefits can you advice me? If yes... What I have to do before I go for extend my Visa/Work permit? Depends where you are. Some areas are giving one year work permits by BKk is still following the visa even though the Working Act law became effective Feb. 22nd. 3. As I am working here working in Thailand from past 5 yrs continuously. Will I get any benefits from new changes? Sorry the answer seemd to be no. www.sunbeltasigroup.com Link to comment Share on other sites More sharing options...
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