Work Permit For An Internship...

[pal78]

I know that this topic of minimum wage has been done to death all over the Internet now but I still have an itching question that I would like an answer to.

I am studying for a degree in Ireland at the moment. At the end of next month I intend to travel to Thailand to do a 6 month internship with a Thai company that has agreed to hire me for that period which will count towards a work placement element of my degree course. They will not be paying me anything close to 50,000 baht though.

In case you need additional information in order to advise me on this one:

The job is in the IT field, and will include dealings with international companies.

Obviously enough I am still a few months away from completing my degree.

Nationality: Irish (Irish passport)

Sex: Male

Starting work: March 1st

Finishing work: August 31st

Given that the new requirements come into effect in July can I assume that if we do the visa/work permit before then it won't be a problem? Or is there a current minimum wage that I should be aware of? Or indeed is there likely to be a problem with the fact that I don't have a degree.

I have worked with work permit and visa in Thailand before but it was 2000-2002 and I think things have changed a bit since then.

I am planning on applying for a multi entry non-immigrant 'b' visa before traveling to Thailand and the company have already supplied me with a letter for that application. The visa fee is EURO 130 in case anyone is interested.

Any advise would be great.

Thanks,

Pete

[dr_Pat_Pong]

You should take this up with your proposed employer. You need their input and assistance anyway.

[Sunbelt Asia]

As long as the gov gets tax on 50,000 Baht, they could care less if you really get the 50K per month or not. Thats not their concern, the tax is. You could even work for free as long as you or the employer agree to pay the tax.

Enjoy your stay.

www.sunbeltasia.com

[dr_Pat_Pong]

As long as the gov gets tax on 50,000 Baht, they could care less if you really get the 50K per month or not. Thats not their concern, the tax is. You could even work for free as long as you or the employer agree to pay the tax.

Enjoy your stay.

www.sunbeltasia.com

What about the work permit ?

[pal78]

Dr_Pat_Pong,

So far the employer has sent me a letter for the visa application, but this is their first time employing a non-Thai, as far as I know. I would like to be able to help them also. I know that it is really up to them to get everything sorted, but it's in my interest to have a clue as well. Thanks for the comment though, and I will obviously be dealing with my employer, and hopefully this won't be a problem.

Sunbelt Asia,

That does sound about the size of it, and I am sure that if the worst came to it they could take the tax outta my wages, but having said that there does seem to be a requirement for the visa extension that the company show the accounts with the salary for the employee and all that. I know it's probably quite easy to fiddle it, but it's better to be legal.

Thanks,

Pete

[opalhort]

I am studying for a degree in Ireland at the moment. At the end of next month I intend to travel to Thailand to do a 6 month internship with a Thai company that has agreed to hire me for that period which will count towards a work placement element of my degree course.

why not ask your current educational institution to support your application for a non-imm-b visa and at the same time have them issue a letter to link you up with the employer in Thailand?

minimum salary......well.... it is the amount you or your employer declare for tax purposes which counts!

opalhort

[dr_Pat_Pong]

As long as the gov gets tax on 50,000 Baht, they could care less if you really get the 50K per month or not. Thats not their concern, the tax is. You could even work for free as long as you or the employer agree to pay the tax.

Enjoy your stay.

www.sunbeltasia.com

What about the Work Permit ? Get away with it ?

[opalhort]

As long as the gov gets tax on 50,000 Baht, they could care less if you really get the 50K per month or not. Thats not their concern, the tax is. You could even work for free as long as you or the employer agree to pay the tax. 

Enjoy your stay.

www.sunbeltasia.com

What about the Work Permit ? Get away with it ?

of course he will need a WP, but only for six months.

meaning: a letter (contract) of employment stating the required salary should do the job. tax evidence comes in only when you renew the WP as I understand it.

opalhort

[Guest IT Manager]

I wouldn't. Not in IT. It's altogether too easy to upset someone in the office on the Thai staff.

What about a chat with the local consul. The internship is part of your education. The guys are righht in the long run. Pay tax on 50K and you will be fine and the W/P shouldn't be an issue. Assuming the company has the correct number of staff it shouldn't be an issue.

[Sunbelt Asia]

What about the Work Permit ? Get away with it ? 

  

?????Of course not! Once again Sunbelt Asia will never never never never never advocate not getting a work permit.Thats the whole purpose for the 50K salary he is asking about is for the work permit.

If you have a one year multiple entry you don't even have that requirement.

The Requirement is to pay tax on 30,000 if you're single or 45,000 if you're married. Thats what they want to know, if you are paying tax on that amount. If you are, you get a work permit as long as you are not taking a job away from a Thai.

As for the tax, you pay it. No problem with the extension. Didn't say to fiddle with the books. We always strongly advocate to pay the proper tax.

It's legal to get a salary but not collect it and leave the funds in the company. No law says you have to collect. As long as you pay the tax. Death and taxes....no one can get away from that.

[pal78]

If you have a one year multiple entry you don't even have that requirement.

The Requirement is to pay tax on 30,000 if you're single or 45,000 if you're married. Thats what they want to know, if you are paying tax on that amount. If you are, you get a work permit as long as you are not taking a job away from a Thai.

Ok, now this is were I am starting to get very interested. Are you saying that if I get a multiple entry visa I don't have to worry about this at all? Or that it will be 45,000 rather than 50,000 seeing as I am married.

In anycase what you are saying makes a lot of sense, re: not collecting the salary etc. I am sure that something like that can be worked out. The company doesn't want to have me working there without a permit any more than I want to be there without one. Thanks again for the advise and with luck and attention to detail everything will work out fine.

[Guest IT Manager]

What about the Work Permit ? Get away with it ? 

  

?????Of course not! Once again Sunbelt Asia will never never never never never advocate not getting a work permit.Thats the whole purpose for the 50K salary he is asking about is for the work permit.

Can you clarify what you mean about what you would "never ever ever advocate" please. For many people it is not just unclear, it is clearly ambiguous.

Thanks Sunbelt.

[Sunbelt Asia]

Can you clarify what you mean about what you would "never ever ever advocate" please. For many people it is not just unclear, it is clearly ambiguous.

If you are a non Thai intern for a Thai firm, you are clearly working even if it's for free. In ALL cases we would advocate to get the work permit. Thats the Thai law and that is what we follow in all cases.

[Sunbelt Asia]

Ok, now this is were I am starting to get very interested. Are you saying that if I get a multiple entry visa I don't have to worry about this at all? Or that it will be 45,000 rather than 50,000 seeing as I am married.

I'm saying with a multiple entry, if your firm does not meet the following

- Serve workplaces with registered capital of at least two million baht. One foreigner can be hired for every two million baht of capital.

- Serve workplaces which have paid taxes of at least five million baht in the past three years. One foreigner can be hired for every five million baht in tax.

- Serve export firms which bring in foreign currency of at least three million baht a year. One foreigner can be hired for every three million baht in income, up to a maximum of three foreigners.

- Serve workplaces which employ no more than five foreign workers, where the firm observes a ratio of 50 Thai workers for every one foreigner.

Then you may qualify, if the company states you have not worked in Thailand before and gives you a letter confirming you will be paid a minimum of 18,000 Baht tax in a calender year.( the tax will be based on a minimum income 30,000 if you're single or 45,000 married. ) As it stands now, it does not matter what nationality you are and how much you are paid if you have a one year multiple entry visa. If you are looking for a one year visa with no multiple entry..different story. Where you were born.. decides the minimum pay scale and minimum tax.

If you have a multiple visa year visa then no requirement on the # of employees they employ either if you have that letter from the MD. One year visa.. different story.

Multiple entry or one year both cases, you must pay tax. You don't have to collect the salary with either visa as long as you pay the tax owed.

[dighambara]

Sunbelt Asia sez:

"In ALL cases we would advocate to get the work permit. Thats the Thai law"

AMEN!

Thai law is explicit. Any work, even volunteer work, requires a work permit, regardless what visa you hold.

Digs

[dr_Pat_Pong]

Sunbelt Asia sez:

"In ALL cases we would advocate to get the work permit. Thats the Thai law"

AMEN!

Thai law is explicit. Any work, even volunteer work, requires a work permit, regardless what visa you hold.

Digs

But in reality the practice is very different.

[Sunbelt Asia]

You can lead a horse to water but you can't force them to drink it.

translation...

We can only advise, it’s up to the person if they follow that advice. No reason NOT to be legal but some people in life, do crazy things…

[dr_Pat_Pong]

True true true Greg....but a great majority of the ' volunteers ' have O visa's and no work permit....totally overlooked by the powers

[Sunbelt Asia]

You are right good Doctor.

The odds are though you won't get caught but it only takes one time and then its " Oh No" It's "ex-friends" who are the source, when most of the time someone is caught.

[Axel]

I mentioned it before. When I arrived in LoL I had an non-imm B and no WP.

Two police officers came to my office clearly pointing out that 'here is a foreigner working illegally'.

My lucky day! One hour before they arrived, I had left for the airport going over to Singapore to extent my visa.

Had to give some explanation and could proof that my WP was under preparation. Got a 'suggestion not to be seen in the office' and 'aahh after 4:00 pm we do not check anymore'.

Sunbelt Asia is right, it turned out that my competitor had called the authorities and put them in my direction.

[dr_Pat_Pong]

You are right good Doctor.

The odds are though you won't get caught but it only takes one time and then its " Oh No" It's "ex-friends" who are the source, when most of the time someone is caught.

The rules are that there are no rules ( unless the pooh hits the fan ) .