Thailand Live Saturday 12 October 2024

[dreaming]

We bring ladies to thailand from australia for cosmetic surgery. We want to employ (or contract) a thai guide to assist the ladies to and from airport, hotel and hospital.

My question is do we need to set up a thai business to employ this person. Or can we just pay this person on an adhoc basis and the thai authorities will leave us alone.

The person we have in mind is a thai university student who we met on an australian working holiday.

Thanks

[harrry]

Does that person have a licence as a tour guide?

[harrry]

http://www.interactivethailand.com/2013/02/tat-license-thailand-tourism-license/

may be of interest.

[marcusd]

My question to the OP is this... Do you have a licnese to run a busines sin thailand and if youa re doingthis and you are Technically WORKING IN THAILAND do you have a Work permit

A Thai or BOI Company and how do you do all thius if you have none of the above?

If the thai Authorities find you they can and will deport you.

So if you want to employ this person and I suggest do it all above the law - a bit more fiddling about but worth it in the long run, being legal means NO HASSLES, get yourself a THAI COMPANY as ll you cash comes from overseas I guess so you will controll the nest eggs.

GO LEGAL thailand DOES respect us more if we do this.

[dreaming]

http://www.interactivethailand.com/2013/02/tat-license-thailand-tourism-license/

may be of interest.

Looks like this person may need to have a tourist guide licence.

How do all the hire car taxi guys get away with picking up people at the airport? I couldn't imagine they would all have licences. At the end of the day that is pretty much what she would be doing. Standing there with a name card. Accompanying them to their hotel.

[harrry]

http://www.interactivethailand.com/2013/02/tat-license-thailand-tourism-license/

may be of interest.

Looks like this person may need to have a tourist guide licence.

How do all the hire car taxi guys get away with picking up people at the airport? I couldn't imagine they would all have licences. At the end of the day that is pretty much what she would be doing. Standing there with a name card. Accompanying them to their hotel.

That is ilegal....and they are regularly caught and harged or pay tea money.

[dreaming]

My question to the OP is this... Do you have a licnese to run a busines sin thailand and if youa re doingthis and you are Technically WORKING IN THAILAND do you have a Work permit

A Thai or BOI Company and how do you do all thius if you have none of the above?

If the thai Authorities find you they can and will deport you.

So if you want to employ this person and I suggest do it all above the law - a bit more fiddling about but worth it in the long run, being legal means NO HASSLES, get yourself a THAI COMPANY as ll you cash comes from overseas I guess so you will controll the nest eggs.

GO LEGAL thailand DOES respect us more if we do this.

All work is done in australia, similar to a normal travel agent. All income is direct into our aussie bank account. We just want someone who speaks english to hold their hand when they are in Thailand- so to speak.

I should add - our office is in Australia. We are not based in thailand

Edited March 7, 2014 by dreaming

[harrry]

My question to the OP is this... Do you have a licnese to run a busines sin thailand and if youa re doingthis and you are Technically WORKING IN THAILAND do you have a Work permit

A Thai or BOI Company and how do you do all thius if you have none of the above?

If the thai Authorities find you they can and will deport you.

So if you want to employ this person and I suggest do it all above the law - a bit more fiddling about but worth it in the long run, being legal means NO HASSLES, get yourself a THAI COMPANY as ll you cash comes from overseas I guess so you will controll the nest eggs.

GO LEGAL thailand DOES respect us more if we do this.

All work is done in australia, similar to a normal travel agent. All income is direct into our aussie bank account. We just want someone who speaks english to hold their hand when they are in Thailand- so to speak.

I should add - our office is in Australia. We are not based in thailand

But you are....the minute the plane lands in Bangkok.

[marcusd]

Yes Dreaming, Harry is correct. i also operate the same way as you outsoutrcing my AUSSIE business BUT I NEED A WORK PERMIT and had to register a Thai company. The WORK is being done in THAILAND. Australia has exactly the same laws. Pay tax on where the money is earned but register where you OPERATE and as your tourists are coming to Thailand, YOU EFFECTIVELY work in Thailand.

Laws are laws and similar all over the worls for these type of things

[dreaming]

Yes Dreaming, Harry is correct. i also operate the same way as you outsoutrcing my AUSSIE business BUT I NEED A WORK PERMIT and had to register a Thai company. The WORK is being done in THAILAND. Australia has exactly the same laws. Pay tax on where the money is earned but register where you OPERATE and as your tourists are coming to Thailand, YOU EFFECTIVELY work in Thailand.

Laws are laws and similar all over the worls for these type of things

Thanks harry and marcusd.

Ok I will need to register a thai company Can you offer any advise on how to do this. Is there a solicitor / consultant anyone would recommend to do it for me

[simon43]

If I understand the OP correctly, I am not sure that they need to set up a Thai company. at all.

My understanding:

There is an Australian company with an office in Australia, not Thailand. It offers cosmetic surgery trips to Thailand to its Australian clients. that Australian company is subject to the usual company laws etc in Australia.

So there is no link at all between the company and Thailand, other than the clients who arrive on a plane...

The Australian company wants to employ a local Thai person (not foreigner), to meet/greet/handhold the clients in Thailand.

A Thai person does not need to set upo a company or obtain a WP to work in Thailand, but they could easily register a Buk Khon Tamada (sole trader) and work for the Australian company.

Remember - the Australian company is not doing any business in Thailand whatso ever - all its business is in Oz. The only person working in Thailand is the Thai local guide.

Yes, you could set up a representative office/company etc in Thailand. But I cannot see the need for it because you are not doing business in Thailand - only the Thai guide is doing HER business here.

Or have I misunderstood something?

Simon

[thepool]

I may be wrong but I believe the OP's partner was (still is?) accompanying groups of "health tourists" from Australia and providing support to these people during their pre and post op stays.

It is likely that the OP's partner was/is indeed working illegally and now a means of "escape" from risk is being sought.

It is extremely unlikely that a single handed Thai university student could/would provide the same level of personal care to clients but that is not my business.

However if this is what is deemed to be a solution the Thai person could set up a sole trader business and invoice the Australian Company for services provided.

I hope that what is not being sought is "cover" for continued illegal working by the OP's partner as that could expose the Thai "employee" to personal risk of prosecution. The young person should seek some legal advise before involving herself. Such advise will not be expensive for a Thai and could well be obtained pro-bono from one of her universities law professors.

edit

spelling

Edited March 8, 2014 by thepool