Employing Expats For Short Periods?

[Bredbury Blue]

I own a consultancy business and from time to time I get work opportunities for which I would need to take on other qualified expats.

I there any way I can employ them without going the work permit route for short periods? How? How long could I do that for? How would I make payment from my company to them? I'm looking for something that's not illegal but maybe ducks and weaves a bit if necessary.

Any suggestions? I'm sure there are loads of people out there with this same problem of how can you get your company to grow with the work permit conditions being as are onerous as they are.

Edited May 5, 2006 by Bredbury Blue

[lingling]

I own a consultancy business and from time to time I get work opportunities for which I would need to take on other qualified expats.

I there any way I can employ them without going the work permit route for short periods? How? How long could I do that for? How would I make payment from my company to them? I'm looking for something that's not illegal but maybe ducks and weaves a bit if necessary.

Any suggestions? I'm sure there are loads of people out there with this same problem of how can you get your company to grow with the work permit conditions being as are onerous as they are.

Just get them a work permit - it is not that difficult. The "work permit agencies" want to give us the impression that it is difficult in order to justify their sometimes exorbitant fees.

[Bredbury Blue]

Just get them a work permit - it is not that difficult. The "work permit agencies" want to give us the impression that it is difficult in order to justify their sometimes exorbitant fees.

Actually its not the difficulty thats off putting its more to do with the short-term nature of the work, i.e. a few months, and so wouldn't be worth the hassle of getting a work permit.

[Nawtilus]

Just get them a work permit - it is not that difficult. The "work permit agencies" want to give us the impression that it is difficult in order to justify their sometimes exorbitant fees.

What are these exorbitant fees that you say, I am interested to know what they charge to get someone a work permit ?

[GuestHouse]

If it's consultancy work, is it necessary for them to be in Thailand.

I'm consulting to three engineering projects right now, two of which I have never visited the offices where the work is being executed.

[Bredbury Blue]

If it's consultancy work, is it necessary for them to be in Thailand.

I'm consulting to three engineering projects right now, two of which I have never visited the offices where the work is being executed.

Actullay the work is constrcution related and would always be in the clients office or contractors site office, so yes they have to be where they can be seen and ask questions related to the work.

So anybody have any suggestions for my plight?

[Maestro]

I own a consultancy business and from time to time I get work opportunities for which I would need to take on other qualified expats.

I found this on http://www.thaivisa.com/358.0.html but it may be outdated.

Q. In case a Thai company wishes to hire a foreign technician for install machinery and teach his Thai staff for short period 1 - 2 weeks, would he be required to apply for a work permit?

A. In case of necessary and urgent work to be carried out over period of not more than 15 days, work permit is not required. However, notification is needed to file the authorized officer.

I remember reading in a thread some months ago that it is possible to get a short-time work permission at the Ministry of Labour within 24 hours, or perhaps even while waiting for it, at a minimal or no fee but I cannot find that thread. All I remember is that Sunbelt gave details of it and that they offer to handle the paperwork and running about for a small fee, if desired, something like THB 2,000 if I remember correctly.

If Sunbelt is reading this I hope they will respond to you with details.

---------------

Maestro

[Bredbury Blue]

Nice one Maestro. Any body point me in the direction of the sunbelt details?

[rishi]

A simple and straighforward approach would be to outsorce. I somehow believe, that (almost) regardless of whatever job, your company might have at hand, requiring other expat expertice --- well, there's a great chance that exactly that expat expert expertice might be avaiable at some expat expert runned company, yielding a WP, allowing some expat expert to do "consultancy" within his field, which might be relevant for your "job-opening".

[Sunbelt Asia]

Nice one Maestro. Any body point me in the direction of the sunbelt details?

Here is the link the post that you were refering to Maestro. Thank you for thinking of us.

Urgent work

The Rule of Department of Employment Governing Necessary and Urgent Work Acknowledgment allows a foreigner to enter into the Kingdom for temporary stay in order to engage in the work which is of necessity and urgency for period not longer than fifteen days. The foreigner must notify the Director-General to notify necessary and urgent work.

The necessary and urgent works are as 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.

<E> Works which the director-general or the officer authorized by the director-general shall deem appropriate to accept special notifications upon interim necessity.

This can be obtain on any type of visa/ Transit entry. Our professional fee is 2,900 Baht plus VAt.

www.lawyer.th.com

[Bredbury Blue]

Sunbelt people, while i've got your interest, do you have any suggestions of how i might employ an expat, say for less than 6 months, without getting a work permit - or is it simply not possible legally? Can i employ someone and they work just on a class o or b visa without work permit?

[Sunbelt Asia]

Sunbelt people, while i've got your interest, do you have any suggestions of how i might employ an expat, say for less than 6 months, without getting a work permit - or is it simply not possible legally?

If they have a work permit from a another firm. You have a contract with that firm. The work permit then is revised that they are able to work anywhere in Bangkok, which then would give them the right to work in your office.

Otherwise it would not be legal without you getting them a work permit.

Can i employ someone and they work just on a class o or b visa without work permit?

If you do as the employer, you are facing a fine of 60,000 Baht and or 3 years in prison.

What are your concerns, not to get them a work permit? Maybe I can shed some light on an obstacle that really is not one.

www.lawyer.th.com

[Bredbury Blue]

Sunbelt people, while i've got your interest, do you have any suggestions of how i might employ an expat, say for less than 6 months, without getting a work permit - or is it simply not possible legally?

If they have a work permit from a another firm. You have a contract with that firm. The work permit then is revised that they are able to work anywhere in Bangkok, which then would give them the right to work in your office.

Otherwise it would not be legal without you getting them a work permit.

Can i employ someone and they work just on a class o or b visa without work permit?

If you do as the employer, you are facing a fine of 60,000 Baht and or 3 years in prison.

What are your concerns, not to get them a work permit? Maybe I can shed some light on an obstacle that really is not one.

www.lawyer.th.com

My concerns as mentioned earlier is that i often get offered short-term work (i.e. couple of months) in the construction world here, i'm a sole-practioner and if i can't do it myself due to other work commitments i lose the opportunity as i can't just appoint some one WITHOUT a work permit (due to the fines etc that you refer to) to do it under my wing (i.e. i get the fee and pay the short-term worker) so i end up turning the opportunity down. I stongly suspect that there are other companies here that find a way round this problem and i was wondering whether there was a way, but from the responses i've received here i'm now guessing that they are doing it the illlegal way which i prefer not to do.

[malcolminthemiddle]

Remembering that we are talking about short term work, how about making a WP application but before the process is completed, the application is cancelled.

Can the "employee" work legally during the period prior to cancellation on the basis that a WP has been applied for?

Edited May 6, 2006 by malcolminthemiddle

[Maestro]

My concerns as mentioned earlier is that i often get offered short-term work (i.e. couple of months) in the construction world here...

I wonder if that notification to the Department of Employment, mentioned by Sunbelt, would satisfy your needs, for example in the category “<B>Technical work, (1) inspection, follow-up and technical solution works”, if it would allow employment for up to 2 months.

This notification does not seem to involve the hassle and paperwork of a work permit, nor an official fee to be paid to any government agency, but some running around, filling out a form or two, and copying some documents. But is there a specific time limit for the foreign worker to operate in Thailand on the basis of such simple notification?

( I have no connection with Sunbelt and so far have never had occasion to use their services)

Edited May 6, 2006 by maestro

[rishi]

Remembering that we are talking about short term work, how about making a WP application but before the process is completed, the application is cancelled.

Can the "employee" work legally during the period prior to cancellation on the basis that a WP has been applied for?

Not a chance! You cannot legally work even one minute before actually having a WP... (Which in practice, means you've been "invited" to come down at the labour office and put your signature in the granted WP).

[Sunbelt Asia]

My concerns as mentioned earlier is that i often get offered short-term work (i.e. couple of months) in the construction world here, i'm a sole-practioner and if i can't do it myself due to other work commitments i lose the opportunity as i can't just appoint some one WITHOUT a work permit (due to the fines etc that you refer to) to do it under my wing (i.e. i get the fee and pay the short-term worker) so i end up turning the opportunity down. I stongly suspect that there are other companies here that find a way round this problem and i was wondering whether there was a way, but from the responses i've received here i'm now guessing that they are doing it the illlegal way which i prefer not to do.

That concern is the problem.

My question was before, why not simply solve the problem by getting them a work permit? What is holding you back from that solution?

But is there a specific time limit for the foreign worker to operate in Thailand on the basis of such simple notification?

The employee can only work for 15 days and before they start to work, they must get approval.

www.lawyer.th.com