Hiring spouse for WP

[kanwisher]

I recently started a business and have 3 thais working for me. I was wondering if I hired my spouse would that count as a 4th? I'm wondering if there is going to be some scrutiny on that? She is not listed as an owner of the business. Also sometimes people on the boards say you can hire just 2 thais and get a WP, but I can't find any actually Thai legal documents that say this. Thoughts?

[ubonjoe]

You can employ your wife.

If married to a Thai only 1 million baht of registered capital and 2 Thai employees is needed to get a work permit. But there are some work permit offices that require 4 employees.

[yankee99]

You can employ your wife.

If married to a Thai only 1 million baht of registered capital and 2 Thai employees is needed to get a work permit. But there are some work permit offices that require 4 employees.

In chonburi 4 employees are needed regardless of marital status.....1 million is ok when married but you need to be the company director. If your not the director then they require 2 million. YMMV

[kanwisher]

You can employ your wife.

If married to a Thai only 1 million baht of registered capital and 2 Thai employees is needed to get a work permit. But there are some work permit offices that require 4 employees.

My accountant said 2 thai employees also, however he suggested that I get someone 'friendly' with the immigration office to make it go through smoothly. I still can't find any official documents that state the 2 employee exception

[ubonjoe]

You can employ your wife.

If married to a Thai only 1 million baht of registered capital and 2 Thai employees is needed to get a work permit. But there are some work permit offices that require 4 employees.

My accountant said 2 thai employees also, however he suggested that I get someone 'friendly' with the immigration office to make it go through smoothly. I still can't find any official documents that state the 2 employee exception

Immigration does not do work permits. The labor ministry does work permits.

I have not seen a publicly posted ministerial regulation for work permits for several years. Certainly no translation of one.

Unless you are getting an extension of stay based upon marriage at immigration you will need 4 Thai employees to get an extension based upon working.

[Nemesis7]

I know few people who hired their spouses for WP, thus I guess you can.

[SteveB2]

Wording and mindset is everything...

The company that employs you can also employ your wife. Remembering that a limited company is an entity itself. The company employs her for it's benefit, NOT you.

However, be advised (read on)

I was involved in a recent legal case involving the company that I am a 49% shareholder and manager of where the company's employment of my wife was challenged by the Chonburi National Insurance Office - the company was threatened with prosecution by the NI office, further, we were instructed to immediately sack my wife since this practice was apparently not allowed in Chonburi.

With a legal case pending, I handed the case to a decent Bangkok lawyer, who asked the National Insurance Head Office in Bangkok for formal clarification - they confirmed in writing that both husband and wife can work at the same company anywhere in Thailand, no problem.

Sadly, Chonburi National Insurance Office dug their heals in stating 'that they can make up their own local rules' similar to the '4 Thai workers needed per foreign work permit' local rule for Chonburi province (as apposed to just 2 if married to a Thai national anywhere else in Thailand).

So I instructed the Bangkok legal team to take the Chonburi National Insurance Office to the Chonburi labor court to obtain a local judgment - it was at this point, that both National Insurance auditors and local tax office auditors descended on our company' looking for blood plus tax issues, NI payment history, work permit records, taking photos of everything and anything that might be out of place... 'Oh what a surprise' We couldn't get on with business for days.

With nothing untoward found during the surprise audit(s), The local NI office eventual caved in prior to their day in court and said "OK, in this case, just for your company, we permit it - but understand that we only allow it on a case by case basis"

So what are they after (to permit your wife to be an employee of the same company as your Work Permit is registered at)

• Basically, She must be a real employee in every way - i.e. someone having the following attributes:-
• A real monthly salary paid to her, and irrefutable evidence of this fact. In our company all employees are paid by bank transfer on the last bank working day of every month. Bank records will verify this.
• All usual tax, NI monthly and annual forms filled out with her name on them as an employee.
• Clocking in card system - the same as that used by all other employees. Your wife's name must be on the clocking in card system with evidence of her keeping proper working hours.
• Employee hierachical name,job,photo chart up on the wall with all employees shown on it.
• She must actually do a real job that is of benefit to the company - ie, not just sit around doing nothing but polishing her nails and playing on her i-phone.
• Anything else the local office may ask for - however, the above list hits all the key points.

Hope this information helps - and that your local NI office is a little more friendly to deal with.

Legal costs for our company were a very moderate 20,000 Baht.