Ratio of Thai employees for every foreigner.

[pastafarian]

After teaching in Thailand for a number of years I'm considering opening a language school with a colleague, I remember reading that a certain amount of Thai nationals (3 or 4) need to be employed for each foreigner, is that correct?

I know we won't be able to issue visas or work permits to foreign staff until we are licensed by the local MoE which could take 1-2 years but we plan to teach ourselves so I presume our work permit as the business owners would suffice?

If anyone has any more info it would be appreciated, thanks.

[Soutpeel]

if your not married to Thai 4 employees

If married to a Thai 2 employees

[Dr. Burrito]

Soutpeel,

Is it safe to assume that changes per foreign partner? Example being; one partner has a Thai spouse, the other has no spouse. Would that make the total six due to the second person not being married to a Thai national and so on and so forth down the line, so to speak.

dr. b

[ubonjoe]

Soutpeel,

Is it safe to assume that changes per foreign partner? Example being; one partner has a Thai spouse, the other has no spouse. Would that make the total six due to the second person not being married to a Thai national and so on and so forth down the line, so to speak.

dr. b

It would be 6.

But the 4 or 2 for being married to a Thai can depend upon which office the work permit is applied for at.

[yankee99]

if your not married to Thai 4 employees

If married to a Thai 2 employees

Not in chonburi here you still need four married or single.

[Chao Lao Beach]

if your not married to Thai 4 employees

If married to a Thai 2 employees

Not in chonburi here you still need four married or single.

Is the law published somewhere ?

This would be a nightmare for a small language school as you want foreign staff.

[yankee99]

if your not married to Thai 4 employees

If married to a Thai 2 employees

Not in chonburi here you still need four married or single.

Is the law published somewhere ?

This would be a nightmare for a small language school as you want foreign staff.

The law that four are required is a fact. I searched but never found any information about two employees based on marriage. I have been told by Chonburi that two based on marriage is not possible.

[ubonjoe]

if your not married to Thai 4 employees

If married to a Thai 2 employees

Not in chonburi here you still need four married or single.

Is the law published somewhere ?

This would be a nightmare for a small language school as you want foreign staff.

The working aliens act of 2008 can be found in the pinned topic at top of this forum.

But the problem is that the latest changes to the ministerial regulations made in late 2010 or early 2011 have not been made public.

Also the labor ministry's work permit offices each seem to have their own policies based upon their own interpretation of the rules.

[PattayaPhom]

if your not married to Thai 4 employees

If married to a Thai 2 employees

Not in chonburi here you still need four married or single.

Yep, Ive had work permits issued in Phuket, Samui and BKK based on 2 as I am married....Chonburi wont entertain that and insist on four!

[RonCM]

How Strange --- I had an office representing an international company, and their was me and 1 Thai employee. That was in BKK, But I must admit we were not trading, we were just head hunting local companies for trading partners.

But I was under the impression from BKK Labour department that if we trade than I would need two Thai's one a director with 51% share, and the other an employee.

'Premier Thai Lawyers' in BKK are perfect to talk to on these matters, main man their is English, (Mark) and married to a Thai and they have two Thai employees (Only because they needed the extra one for work overload)

Good luck.

[ubonjoe]

How Strange --- I had an office representing an international company, and their was me and 1 Thai employee. That was in BKK, But I must admit we were not trading, we were just head hunting local companies for trading partners.

But I was under the impression from BKK Labour department that if we trade than I would need two Thai's one a director with 51% share, and the other an employee.

Representative offices are different. Even under the rules for getting extensions based upon working only one Thai employee is needed.

[yankee99]

How Strange --- I had an office representing an international company, and their was me and 1 Thai employee. That was in BKK, But I must admit we were not trading, we were just head hunting local companies for trading partners.

But I was under the impression from BKK Labour department that if we trade than I would need two Thai's one a director with 51% share, and the other an employee.

'Premier Thai Lawyers' in BKK are perfect to talk to on these matters, main man their is English, (Mark) and married to a Thai and they have two Thai employees (Only because they needed the extra one for work overload)

Good luck.

I didn't think the director would qualify as one of the employees.

[evadgib]

I found opening a 'limited partnership' with my wife was sufficient to secure a work permit. It also enabled me to 'sub contract in' which meant I could work anywhere in the province & couldn't technically be fired.

I have no idea if the option remains available but it's worth a look.

HTH

[Rosco911]

How Strange --- I had an office representing an international company, and their was me and 1 Thai employee. That was in BKK, But I must admit we were not trading, we were just head hunting local companies for trading partners.

But I was under the impression from BKK Labour department that if we trade than I would need two Thai's one a director with 51% share, and the other an employee.

Representative offices are different. Even under the rules for getting extensions based upon working only one Thai employee is needed.

Hi Ubonjoe,

I think it depends on what the company is doing but I have never heard of anyone getting a work permit with only one employee. The 51% Thai shareholder is not correct if the company is BOI registered. We manufacture machinery in Thailand and we are 100% foreign owned. In saying that 70% of our sales must be sold overseas but being registered with the BOI does give some advantages the main reason being no corporation tax for 7 years.

[ubonjoe]

How Strange --- I had an office representing an international company, and their was me and 1 Thai employee. That was in BKK, But I must admit we were not trading, we were just head hunting local companies for trading partners.

But I was under the impression from BKK Labour department that if we trade than I would need two Thai's one a director with 51% share, and the other an employee.

Representative offices are different. Even under the rules for getting extensions based upon working only one Thai employee is needed.

Hi Ubonjoe,

I think it depends on what the company is doing but I have never heard of anyone getting a work permit with only one employee. The 51% Thai shareholder is not correct if the company is BOI registered. We manufacture machinery in Thailand and we are 100% foreign owned. In saying that 70% of our sales must be sold overseas but being registered with the BOI does give some advantages the main reason being no corporation tax for 7 years.

This is what police order 777/2551 clause 2.1 says. See (7) for number of employees. You can be sure if it's in the police order their is a corresponding rule for work permits.

2.1 In the case of business necessity, for example, the applicant must stay to carry out work for a company or partnership: Each permission shall be granted for no more than one year.

(1) The alien must have been granted a non-immigrant visa (NON-IM).

(2) The alien must earn an income per the attached Table of Income (Annex A).

(3) The business must have a paid-up registered capital of no less than Baht 2 million.

(4) Said business must have submitted its financial statements as at the end of its fiscal year for the past two accounting years which have duly been audited and certified by a certified public accountant or a tax auditor, to prove that the business is sufficiently secure with actual and continuous operation, according to the guidelines for consideration of business status concerning the actual and continuous operation attached hereto (Annex B ).

(5) Said business needs to hire aliens.

(6) Said business must have a ratio of one alien employee per four permanent Thai employees.

(7) The following businesses shall be exempted from the Criteria (3), (4), and (5), and the ratio of Thai employees specified under Criteria (6), shall be reduced to one alien employee per one permanent Thai employee: (a) International trade business (representative office) ( B ) Regional office © Overseas company (branch office)

[Chao Lao Beach]

if your not married to Thai 4 employees

If married to a Thai 2 employees

Not in chonburi here you still need four married or single.

Is the law published somewhere ?

This would be a nightmare for a small language school as you want foreign staff.

The law that four are required is a fact. I searched but never found any information about two employees based on marriage. I have been told by Chonburi that two based on marriage is not possible.

But a foreign company can set up a regional office and have a presence and have 2 Thais per person with the head office in Singapore.

Edited February 16, 2014 by Chao Lao Beach