Im currently trying to obtain a work permit for a business I have just registered. My Thai wife is the Director of Company. I am being told by the Labor Dept that I must employ 3 Thai staff. My plan was to employ my wife and myself during the start up process then employ thai staff as the business grew. Also how am I supposed to interview prospective employees if I dont have work permit, this would be considered working without a permit would it not?

Any advise or experiences of board members would be greatly appreciated.

Your wife does not need a work permit and is the company director. Sounds as if she should be doing the business. But I do not have company work experience here so just an observation.

Your wife does not need a work permit and is the company director. Sounds as if she should be doing the business. But I do not have company work experience here so just an observation.

hide to peep inside a cupboard and talk to your wife on the fone while she does the interview?

Im currently trying to obtain a work permit for a business I have just registered. My Thai wife is the Director of Company. I am being told by the Labor Dept that I must employ 3 Thai staff. My plan was to employ my wife and myself during the start up process then employ thai staff as the business grew. Also how am I supposed to interview prospective employees if I dont have work permit, this would be considered working without a permit would it not?

Any advise or experiences of board members would be greatly appreciated.

I have been down this road. Talk to your accountant - you will be able to go ahead as you planned but you will have to pay the social security fund payments for your 'staff' and submitt the receipts of payment with your application. I am certainly not advocating you don't hire any Thai staff and only pay the security fund payments as a way to side step such a serious issue of only being allowed to conduct business in Thailand if you employ 4 Thais to sit around looking good...

Using 'ghost employees' is not only illegal but also risky, especially for new WP applicants!!

If found out it could prevent the OP from ever obtaining a WP.

There is no problem with the OP sitting in at an interview with prospective employees which his wife will conduct, but of course the OP can't sign any employment contract etc.

Can't unemployed relatives of the wife be employed by the new company?

opalhort

Does my wife who is the Director count as one of my employees?

Does my wife who is the Director count as one of my employees?

Not sure all labor offices demands the same, but Chonburi labor office did not accept the Thai shareholders of the employing company as employees when applying for a work permit. Even with all social security payments done!

So outside employees (i.e. non shareholders) are needed, and Chonburi needs to see social security payments slips of the three previous months for each employee.

I don't want to give out wrong info but here is what we have in our Co. (set up 20+years ago and my WP 10+years) in BKK:

Wife and myself as directors (no social security as per rules of the SSO) but pay tax.

Three Thai employees (relatives) file tax and pay social security.

The above satisfied the labor department to renew my WP so far (last time in April this year).

opalhort

edit: it is three employees as of last month. the relatives actually do work for us but only on a as needed basis.

Edited July 5, 200917 yr by opalhort

When you are married to a Thai you should just need two employees.

Non-married must have four Thai/foreigner.

If I go by your nick you live in Samui.

Talk to your accountant about how much the cost is to fix a WP for you.

Talk to your accountant about how much the cost is to fix a WP for you.

PS I don't think it is a good idea to promote "this kind of service" especially to a new applicant. It could lead to problems in the future.

opalhort

When you are married to a Thai you should just need two employees.

Non-married must have four Thai/foreigner.

If I go by your nick you live in Samui.

Talk to your accountant about how much the cost is to fix a WP for you.

Just to add...it needs to be a legal marriage with approprate marriage licence, the sin sod money making thing ceremony isnt suffiecent