Labour Law

[ThaiAdventure]

Just a thought. A bit in relation to my other posting about Non-imm B.

You have to be capitalised @ THB 4M for two workpermits. And you have to have 8 employees. Do the employees have to be full time?

[Axel]

Just a thought. A bit in relation to my other posting about Non-imm B.

You have to be capitalised @ THB 4M for two workpermits. And you have to have 8 employees. Do the employees have to be full time?

Not sure if this is written anywhere. I was once questioned as one of the emplyees'

salary was below the minimum as per labor-law. Explained this is a messenger on part-time resp. hourly basis.

Imm-officer accepted albeit, after realizing that the staff was on the list for 2 years already.

[ThaiAdventure]

Thanks Axel.

I was just wondering if I could put my missus' sister down as she wants to come in twice a week (4 hrs) to do the cleaning. She's a student (i.e not listed as employed) so could do with the money and it'd help me out.

[Indo-Siam]

Hi TA -

This is not a direct answer to your question, but I can tell you that Labor Department raises no eyebrows about most (if not all) Thai employees earning 6,000 baht per month - slightly above the minimim "full-time" labor wage for Bangkok. (they might approve lower - I always advise to use round numbers, to aid calculations)

Or - more accurately - you can get work permit renewals by simply showing Social Fund depost receipts for most recent three months (I've heard it may soon increase to six months), showing payment of 8% of salary of at least 6,000 baht per month, for four employees. The item checked is the Social Fund receipts (4% withheld from salary, 4% matched by employer).

They make no distinction about number of hours worked.

When you apply for a work permit for a new company, you have no payment records. So they ask for a staffing chart, showing all Thai employees by name, job title, and proposed salary. 6,000 baht is OK - we've done it repeatedly - I don't know about lower salaries.

I have on one occasion been required to "muster" employees for a face-to-face showdown. But - this was by a corrupt Immigration inspector, seeking a bribe - not by Labor Department. To my knowledge, my company has never been looked at by Labor Department.

Good luck!

Steve Sykes

Managing Director

Indo-Siam Group

www.thaistartup.com

[ThaiAdventure]

HI IS.

Thanks for the input.

I already have a WP based on >4 full time emplyees.

I know the minimum wage (as of Dec 2002 according bangkok post - and it is unlikely to have increased since) is THB 169 per day (for BKK ) so lets call it 2 days a week=THB 1353 per month. It complies with the law in that respect but I am not sure about the requirements for WP.

If I have to pay the full time amount (THB 6000) then a better approach would be to pay for her education direct through the company. This means that I would get a 150% tax relief on the fee amount. I would rather do the former though, since I do not really need a cleaner.

It is interesting since the minimum wage is 169 (lets call it 175 due to infaltion) per day, then 5 days=875 so for 1 month it should be (875 * 52)/12=3792. Although I have been told by various accountants a range between 5000 and 7000.

[Indo-Siam]

My thoughts: Say that she makes 6,000 baht, pay her whatever is realistic for her work, and pay social fund for the full 6,000 = 480 baht per month. She should be willing to endorse that, in return for work. Plus she gets social fund coverage.

Cheers!

ISG

[ThaiAdventure]

My thoughts: Say that she makes 6,000 baht, pay her whatever is realistic for her work, and pay social fund for the full 6,000 = 480 baht per month. She should be willing to endorse that, in return for work. Plus she gets social fund coverage.

Cheers!

ISG

Hi IS.

I don't really see how that would that work?

The monthly bank transfer of wages to her account would not tie up with the salary. What would be the explaination of the difference and where would the audit trail be? I can see that from outside the bubble it would all look above board but I don't think it would bear up under scrutiny.

Anyway...we digress. I don't think the issue is trying to get her on my books as a full time worker. I would rather put the arguement forward that she was part-time because of her schooling (which is the truth). Which is where I arrive back at the original question. If she was part-time would I be able to apply for the extra WP on that basis?