Do I Need A Work Permit?

[inc]

Hello,

I am the owner of new Thai business operating in retail industry. I have five trusted persons who can run things for me as I live in Europe. I will have to occasionally visit Thailand and I am now wondering if I need a work permit at all. It sounds strange if the managing director does not have one though. My Thai accountant could not give any advice (!). I am married to Thai and going to visit Thailand in January for two weeks when the business practically starts. I will not take salary from this business until I move to Thailand somewhere in the future. What do you suggest me to do before January? Do I also need to apply for any kind of Visa for a 14-days visit so everything would be according to the law? Thanks for your advice.

[rishi]

If you don't sign anything with a date, showing you were in Thailand that day, you should be perfectly legal without a WP - (assumed you actually do not "function" while holidaying in Thailand).

[PoorSucker]

For all kind of work you'll need a WP.

Doesn't matter if you get paid or not (even volunteers needs WP).

You can get a WP on Non-O visa (based on marriage)

For 14 days, you can stay under the radar, you are not working, you're wife is..

For longer term remember some employee or competition might not like you and report you to immigration.

[Jimjim]

I think you do need a work permit, yes. It can take time to process, though. I know one guy who bought a company, lived in Hong Kong full-time and would just come to Bangkok for a a few days every month or so to keep things on track, and it took him a year for the work permit to finally get processed, perhaps because he wasn't there all the time, but he started it all very soon after he bought the business.

[Mario2008]

As owner you don't need a work permit unless you sign documents, as managing director you would need a work permit. As Poor Sucker said, the Thai labour law has a very broad definition of what is considered labour and even volunteer work falls under that definition and requires a WP.

For only 14 days you can get a visa exempt entry and don't need to apply for a visa. (not sure, because you don't state your nationality). That is fine if your wife will do all the work and sign the papers. If you want to work you need a non-immigrant visa in order to be able to get a WP. For a non-immigrant visa you just need your marriage certificate and a letter from your wife asking for a visa for you.

Getting a WP will be a long process, espcialy when your business is just starting. Might be easier to let your wife run things, till you make the move to Thailand.

[Soutpeel]

Hello,

I am the owner of new Thai business operating in retail industry. I have five trusted persons who can run things for me as I live in Europe. I will have to occasionally visit Thailand and I am now wondering if I need a work permit at all. It sounds strange if the managing director does not have one though. My Thai accountant could not give any advice (!). I am married to Thai and going to visit Thailand in January for two weeks when the business practically starts. I will not take salary from this business until I move to Thailand somewhere in the future. What do you suggest me to do before January? Do I also need to apply for any kind of Visa for a 14-days visit so everything would be according to the law? Thanks for your advice.

Personally dont think you would have problem for the two week period on a visa waiver, just dont sign anything with the date on.

If you are really worried then try and get an emergency work permit, this would be valid for two weeks or less, just need to get an Non-imm B visa and far less hassle than getting the full WP if you dont need it at this stage

[Cuban]

I suggest that you deeply consider what your WP entitles you to do before you apply for one (job title and job description), in retail a WP will not allow you to tend to the activities of a shop keeper or dealing face to face with customers, as this is a reserved occupation for Thai nationals.

Also consider the business location(s), your WP limits you to 'work' at a particular address or addresses.

There is a two week 'training period' that allows a non-Thai to 'work' in a company before a WP is required, however you need to be installing or offering training to Thai staff on equipment or systems that are part of the business. I did this before my WP was finally issued. But wise to avoid making a big play of working unless you have the WP.

Does your name appear on any of the companies documents, licences or permits?

If this is the case and you do not have a valid WP the company may be trading illeaglly, and depending on how attractive the business is to 'inspection' - subject to fines. Specially if your business is in competition with someone with City Office or police contacts.

You may have paid for the enterprise but are you the legal "owner"?

[inc]

I am the sole MD and legal owner of the company. And yes my name is on the official papers. My wife have also right to sign, but basically I am the one who manages the company. Our next visit is about two weeks of training the staff to the company´s values and policies etc., but I won´t have to sign anything. Even if so, my wife can do that. We plan to expand around the country as the business grows, but that would be the case in 2010 at the soonest. Keeping that in mind, what should my possible WP entitle for in order to avoid the hassle of having to do everything again and what would be the optimal timing for applying? If I understood right from replies, I´d need a WP no matter where I am located?

[astor]

You said that you married with a thai citizen. Well, title your business to your wife's name and so you don't need any w.p.

Bye.

[astral]

Poor sucker gives the right advice.

[inc]

It seems I wont be able to get a WP in time. What a surprise. Anyways, I want to title my business to my Thai wife´s name now. So if she is the MD and I dont have right to sign anything, but I have shares of 39%, do I still need a WP? Or do I have to donate all my shares to someone else?

[digitalchromakey]

It seems I wont be able to get a WP in time. What a surprise. Anyways, I want to title my business to my Thai wife´s name now. So if she is the MD and I dont have right to sign anything, but I have shares of 39%, do I still need a WP? Or do I have to donate all my shares to someone else?

You don't need a work permit to hold shares

[Maestro]

In that scenario you do not need a work permit, provided you do in fact not work in the company. Ownership of shares in a company by itself never requires a work permit, regardless of the percentage of a company you own.

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Maestro

[Maestro]

Incidentally, attendance at and participation in board meetings and assemblies of shareholders also does not need a work permit.

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Maestro