Being Hired For A One Off - Work Permit Required?

[Shoeboat]

The Thai production company assure me that by providing my English accent/voice for a TV Commercial, I am not breaking any laws providing I pay 15% of my 4,000 baht fee to tax, which I have absolutely no problem with. I didn't even know I was going to get paid, I was willing to do it as a favour but they have insisted I take the money and that it is okay as I have paid 15% tax, which would be far less if I was a full time employee with a work permit, but seeing as this job is just a one off - apparently this is how it works.

Can anybody confirm if this is true?

[Mario2008]

It is work and work requires a work permit.

[Shoeboat]

That's what I thought, but this well established and connected Thai company insists that a work permit can only be provided for consistent work, not a one off, and that in the case of the latter (my situation) where a one off service is required by a non Thai and can not be performed by a Thai, the service can be legally provided at the much higher tax rate of 15% percent.

Please advise as this is worrying me.

[Mario2008]

The labour law is very explicit in that as a foreigner you need a WP. There is an exception for emergency repairs etc, but this doesn't cover that.

There might be some special procedure for these kind of situations. Only the labour office can give you a definate answer.

[Shoeboat]

Do you have a link or contact number for them?

More importantly, is it advisable to contact them and offer to give the money to charity, or could I be facing jail/deportation if I do?

[PattayaPhom]

Isnt this similar to enterainers, actors and sportsmen?

[Shoeboat]

I guess it would fall under the same category.

I wonder what film extras do, surely they aren't all supplied work permits for a days standing around.

[NHJ]

simply tell them to do this : http://www.ilo-phuket.com/legal-documents/urgent-work.html

on the other side no one will ever check if the voice had a work permit but why would you pay tax on an income derived from work if you dont have a work permit LOL

[Shoeboat]

It comes under something else, not work but trade or something.

[Maestro]

Shoeboat, have the production company get a "necessary and urgent Work Acknowledgment" from the Department of Emploument as discussed here:

...The two week work permit you are talking about is the necessary and urgent Work Acknowledgment. It must meet the following.

(a) Administrative and educational works.

(1) conference, discussion, seminar or business invitation works.

(2) temporary internal audit

(3) special lecture and educational works

(4) aviation superintendent work

(b)Technical work

(1) inspection, follow-up and technical solution works.

(2) meeting work on machinery installation and technique.

(3) aircraft engineering work, aircraft mechanical work.

(4) machine repairing or installing work.

(5) petroleum technical work.

(6) machinery demonstrative or testing work.

(7) technical training and seminar work.

(8) movie taking work.

(c ) Outbound recruitment

(1) labour choice

(2) technician test

(d) Miscellaneous work

(1) purchasing work.

(2) tour liaison

(3) public contribution work which is of non-commercial or non-profit objectives

....

They will have to make your work fit into one of the above categories, perhaps "movie taking work" or "business invitation works". There will be a form to fill out, perhaps also a small fee to pay, plus your passport and possibly also a photo. They should call first to ask what exactly they need. It can all be done by messenger, I believe.

P.S. I see NHJ beat me to it, with a link to a page giving full details of the procedure and documents required.

[Shoeboat]

Well they did need several copies of my passport and other basic info, so I just assumed it was all above board - perhaps it is, they're secretary dealt with it.

I'm probably being paranoid then, thanks for the friendly and informative reply.

[Colabamumbai]

It comes under something else, not work but trade or something.

Since your not working legally it comes under: We will just put the 15% tax money in our pockets but tell the foreigner he has to pay it.