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Can I Use An One Storey Shop As Office? Also: Can I Be The Only Employee?


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Hi there,

I'm in the IT business, web and internet.

An acquaintance of mine just told me she's leaving her shop and asked if I wanted to rent it. It's only about 5000 THB.

Could I use that one storey shop as office? It's got a living room in the back so it would be perfect for me. Most of my customers are online so I don't really need an office but I've understood that having an office is a requirement by Thai law, yes? No way around it?

Another question: Can I be the only employee, i. e. hire only myself?

GoGet

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I was allowed to use my home as office as long as i put up a sign.

As for being the only employee, you cant. you will have to hire Thais even though they cant do a thing. I believe its 4 Thais for every foreigner WP. 2 if your married to a Thai lady.

Others might correct me, and have better information then me. But this is what i remember.

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I was allowed to use my home as office as long as i put up a sign.

As for being the only employee, you cant. you will have to hire Thais even though they cant do a thing. I believe its 4 Thais for every foreigner WP. 2 if your married to a Thai lady.

Others might correct me, and have better information then me. But this is what i remember.

Someone told me the 4:1 law if i can call it that is not always being applied...

Edited by GoGet
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I was allowed to use my home as office as long as i put up a sign.

As for being the only employee, you cant. you will have to hire Thais even though they cant do a thing. I believe its 4 Thais for every foreigner WP. 2 if your married to a Thai lady.

Others might correct me, and have better information then me. But this is what i remember.

Someone told me the 4:1 law if i can call it that is not always being applied...

That is what my lawyer told me too, because he wanted to set up the company. If i had known before that they really need the 4 Thais i would not have set up the company.

So i was misinformed by a lawyer because he wanted to make money on setting up a company and auditing it. Fair to say i left them after the labor office made it clear the 4 to 1 rule is applied.

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I was allowed to use my home as office as long as i put up a sign.

As for being the only employee, you cant. you will have to hire Thais even though they cant do a thing. I believe its 4 Thais for every foreigner WP. 2 if your married to a Thai lady.

Others might correct me, and have better information then me. But this is what i remember.

Someone told me the 4:1 law if i can call it that is not always being applied...

That is what my lawyer told me too, because he wanted to set up the company. If i had known before that they really need the 4 Thais i would not have set up the company.

So i was misinformed by a lawyer because he wanted to make money on setting up a company and auditing it. Fair to say i left them after the labor office made it clear the 4 to 1 rule is applied.

Oh. The accountants told me too that it wouldn't be a problem, that they can go around it!

Think they're just in it for the money? Were you just unlucky or does it happen to everyone?

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I was allowed to use my home as office as long as i put up a sign.

As for being the only employee, you cant. you will have to hire Thais even though they cant do a thing. I believe its 4 Thais for every foreigner WP. 2 if your married to a Thai lady.

Others might correct me, and have better information then me. But this is what i remember.

Someone told me the 4:1 law if i can call it that is not always being applied...

That is what my lawyer told me too, because he wanted to set up the company. If i had known before that they really need the 4 Thais i would not have set up the company.

So i was misinformed by a lawyer because he wanted to make money on setting up a company and auditing it. Fair to say i left them after the labor office made it clear the 4 to 1 rule is applied.

Oh. The accountants told me too that it wouldn't be a problem, that they can go around it!

Think they're just in it for the money? Were you just unlucky or does it happen to everyone?

Im thinking that they want to setup a business and sometimes they might be able to get around and other times not. They don't care anymore because they setup the business got paid.

Business ethics are not that great here.

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I was allowed to use my home as office as long as i put up a sign.

As for being the only employee, you cant. you will have to hire Thais even though they cant do a thing. I believe its 4 Thais for every foreigner WP. 2 if your married to a Thai lady.

Others might correct me, and have better information then me. But this is what i remember.

Someone told me the 4:1 law if i can call it that is not always being applied...

That is what my lawyer told me too, because he wanted to set up the company. If i had known before that they really need the 4 Thais i would not have set up the company.

So i was misinformed by a lawyer because he wanted to make money on setting up a company and auditing it. Fair to say i left them after the labor office made it clear the 4 to 1 rule is applied.

Oh. The accountants told me too that it wouldn't be a problem, that they can go around it!

Think they're just in it for the money? Were you just unlucky or does it happen to everyone?

What does an accountant know about labor law? If you work you need a workpermit. If you have an office it is more likely someone is asking you about the permit.

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What does an accountant know about labor law? If you work you need a workpermit. If you have an office it is more likely someone is asking you about the permit.

whether you need a work permit for a certain kind of work is a matter of perspective and that applies too to the definition of "work". if you read the financial threads in Thaivisa you will find that a number of people are working hard by just handling their investments. whether they are trading currencies, buy or sell precious metals or just shuffling their investments to make some money most could be considered "work" because it takes time and efforts. all is done by means of phone or internet. do they have work permits? do they call their study or the desk with a laptop an "office"?

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What does an accountant know about labor law? If you work you need a workpermit. If you have an office it is more likely someone is asking you about the permit.

whether you need a work permit for a certain kind of work is a matter of perspective and that applies too to the definition of "work".

No it is all described in The Foreign Employment Act (2008)

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What does an accountant know about labor law? If you work you need a workpermit. If you have an office it is more likely someone is asking you about the permit.

whether you need a work permit for a certain kind of work is a matter of perspective and that applies too to the definition of "work".

No it is all described in The Foreign Employment Act (2008)

no it's not and you did not understand what i meant coffee1.gif

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All of these requirements come into effect only if you are prepared to follow the 'letter' or 'spirit' of the law. If you want to work legally and set up a 'proper' company structure that will withstand being looked into, then it's 4:1 to get the WP.

If (as Naam mentioned), you don't care about potentially being investigated for working illegally, then just do what many, many people do and fly under the radar. Just don't upset any Thai's however . . .

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All of these requirements come into effect only if you are prepared to follow the 'letter' or 'spirit' of the law. If you want to work legally and set up a 'proper' company structure that will withstand being looked into, then it's 4:1 to get the WP.

If (as Naam mentioned), you don't care about potentially being investigated for working illegally, then just do what many, many people do and fly under the radar. Just don't upset any Thai's however . . .

if you follow the letter of the law you might need a work permit having sex with your wife wink.png

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if you follow the letter of the law you might need a work permit having sex with your wife wink.png

As I understand it, as long as you 'work hard' at satisfying her, then said wife is unlikely to then make a fuss cheesy.gif

Those that can't perform might be in trouble tho somewhere down the line . . . lol whistling.gif

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Isn't the law that even with the 4 Thai employees your not allowed to do web/internet work anyway because you can only be a manager and with a minimum of 60.000 baht salary a month otherwise a workpermit will be a problem.

Never heard of any law that says you can't do web or internet work if you have a company set up, it's not on their restricted list of occupations. To get the Work Permit, that person needs (I think) 50,000 baht/month minimum salary.

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Unless you actually can make use of the staff and planning a real service company meeting clients at the office etc. otherwise - Just work online from your condo and don't go blabbing to every Tom , dick n somchai what your doing

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As a matter of interest what type of business are you operating on the internet? Do you have a web site hosted in Thailand? Do you use a Thai ISP Do you have a Thai bank account ? How do customers pay you? Direct B to B or credit card ?

You would be using a Thai ISP. Where is your email address located ( country)

Is your website http ( secure) if you are accepting payment?

An then there is the subject of income tax on earnings in Thailand.

Do you/will you have an address and telephone number on your website?

Edited by electau
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GoGet, if your in the Pattaya area, please PM to me, I'll give you the name of someone (a professional person) who will give you totally honest advice about all of these things, no bullshit, no attempts to lead you into some actions which lines her pockets. Very proud of her well establish positive reputation.

Not free but very reasonable fees for any further work she might do on your behalf to set things up. Honest, knowledgable pleasant lady, good listener, and she double checks everything with appropriate agencies etc., also speaks very advanced English.

Edited by scorecard
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