Private company English instructor work permit

[Griffyfox]

Hi, I would welcome any guidance from members on the following:-

Last year I set up a Thai company (2m Baht capitalisation) with my gf who with a Thai friend own 51% to my 49% alongside which I got the Non-Imm B visa.

I am a TEFL qualified, degree holder and the company is set up to cover the activity of (freelance) private English language instruction whether at my premises (home) or elsewhere e.g. hotels. Was advised by the accountant/lawyer I did this through that my WP did cover me from working in different places but that if I worked away from my home that I should get a short-term contract from each job (I duly did) and this would cover me.

However, and without going into detail, it has come to light that my WP only specified working from home (i.e. that a short-term contract working away from home would not suffice), which does kind of defeat the object of being a freelance instructor who also trains hotel staff and carries out private tuition.

I have become aware of others' WPs which do allow working either at a specified address (in my case home) or elsewhere and so I was seeking to have this adjustment made to my own WP but have now been advised that WPs can only now (following a recent rule/law change) specify one address be it a company you work for, or business or residential premises; it would seem that there is no capacity to act as a freelance instructor without breaking the law.

Is anyone aware of this interpretation, have a different spin on it or has any suggestions as to how I could manage / amend this scenario?

Many thanks.

[ubonjoe]

A work permit permit can be issued with a statement that your job requires you to work at various locations. There is not rule that says this cannot be done.

[Soutpeel]

A work permit permit can be issued with a statement that your job requires you to work at various locations. There is not rule that says this cannot be done.

Correct, My WP covers me working at multiple locations country wide...one suspects the issue stems from what is written in the job description the DOL has been given

Further I am struggling to believe the DOL has issued a WP with a physical business address stated as a residence, i.e. some one is working from home

it would seem that there is no capacity to act as a freelance instructor without breaking the law.

​per the description you have given in the OP your not a freelance instructor, your an employee of company that provides English instruction to companies, the short term contracts handed out are with the Ltd company as a legal entity, not you in an individual capacity...

company is set up to cover the activity of (freelance) private English language instruction whether at my premises (home) or elsewhere

Edited March 14, 2015 by Soutpeel

[Griffyfox]

Thanks both. From where I am at the moment, how does one go about get a WP that covers what I want to do - English instruction at multiple locations?

I set up a company because it was the one way I could work freelance; various private language schools are happy to let you work for them but did not want the hassle of helping obtain a non-imm B visa and work permit.

[Soutpeel]

Thanks both. From where I am at the moment, how does one go about get a WP that covers what I want to do - English instruction at multiple locations?

I set up a company because it was the one way I could work freelance; various private language schools are happy to let you work for them but did not want the hassle of helping obtain a non-imm B visa and work permit.

the first thing you need to do, if find out exactly what is written as regards your job description that was given to the DOL as part of your application, as the job description needs to specifically state, you are providing services at multiple locations in the country, whether the DOL will let you modify the existing job description and amend the existing WP that I don't know, only they can answer that one.

Further you need to get away from this "freelance" term, you are an employee of a limited company that provides English training services to Thai companies.

[ubonjoe]

You should be able to change you job description to where it states your are required to work at more than location.

You would file a WP6 to do it http://wp.doe.go.th/wp/images/form/Form_tt6_position.pdf

[Griffyfox]

Cheers Soutpeel. It is worth checking, yes. I wrote in the original job description that I was to be an English instructor - and specific on this point - in multiple locations and with the ability to contract with Thai companies, Govt offices or hotels. Granted each place I worked for was to contract with my company and I am an employee. The term 'freelance' is only used here to denote the fact that I was not intending to work for or at one place only.

Maybe I was wrong, but I was not aware of another way to provide English tuition in multiple places with a legitimate work permit other than setting up a company. I don't believe that WPs are provided to individuals unless they are working for someone specific.

I am liaising with the DOL now but there seems to have been much confusion over the issue as well how long they will take to get an answer. So far two different people have had two different answers from Immigration and they are to come back to me when there is understanding. Breath.....not.....being.....held.

Thanks

[Soutpeel]

Cheers Soutpeel. It is worth checking, yes. I wrote in the original job description that I was to be an English instructor - and specific on this point - in multiple locations and with the ability to contract with Thai companies, Govt offices or hotels. Granted each place I worked for was to contract with my company and I am an employee. The term 'freelance' is only used here to denote the fact that I was not intending to work for or at one place only.

Maybe I was wrong, but I was not aware of another way to provide English tuition in multiple places with a legitimate work permit other than setting up a company. I don't believe that WPs are provided to individuals unless they are working for someone specific.

I am liaising with the DOL now but there seems to have been much confusion over the issue as well how long they will take to get an answer. So far two different people have had two different answers from Immigration and they are to come back to me when there is understanding. Breath.....not.....being.....held.

Thanks

Maybe I was wrong, but I was not aware of another way to provide English tuition in multiple places with a legitimate work permit other than setting up a company. I don't believe that WPs are provided to individuals unless they are working for someone specific.

you have gone about things the correct way, there are no issues there,

Did you write the job description in Thai ? or in English and someone has translated it ? maybe that's the reason because someone has put their own "interpretation" in the Thai version of what you actually meant

seen this on multiple occasions work here over the years, had something translated English to Thai, and then got someone else to translate from the Thai version back to English and in a lot of cases the intent, and way something is written is completely different from what I wrote originally

just a thought

[Griffyfox]

Thanks again Soutpeel, I will ask the to provide me with their translation of my original request.

[SoFarAndNear]

So you have a work permit with a company which is registered at your home address and you are allowed to work at this address? And you dont have any thai employees? How did you managed that?

[Loaded]

So you have a work permit with a company which is registered at your home address and you are allowed to work at this address? And you dont have any thai employees? How did you managed that?

I don't think he has managed it yet and imo it's unlikely he will. A second location will still need all the supporting paperwork (audited accounts, ratio of Thai/foreign staff, capital etc.), surely?

[Soutpeel]

So you have a work permit with a company which is registered at your home address and you are allowed to work at this address? And you dont have any thai employees? How did you managed that?

I don't think he has managed it yet and imo it's unlikely he will. A second location will still need all the supporting paperwork (audited accounts, ratio of Thai/foreign staff, capital etc.), surely?

it appears the OP already has his WP, the issue is the wording which permits him to work at multiple locations, not putting a second location/company on the permit. it only needs 1 company listed in his case

and yes it can be done I have a WP which allows just that

[irishtoffy]

Hi,

I am about to start the process of setting up a Thai company to provide extra tuition to students.

Where did you find the info on how to go about doing this?

Did you see a lawyer to help or complete the process independently?

Any help or info would be massively appreciated!

toffy

[Maestro]

Perhaps it also depends on how the text of the company's Articles of Association regarding the purpose or activities of the company is worded. There are three items that must be in sync:

1. Articles of Association

2. Job description

3. Job title

[Soutpeel]

Perhaps it also depends on how the text of the company's Articles of Association regarding the purpose or activities of the company is worded. There are three items that must be in sync:

1. Articles of Association

2. Job description

3. Job title

of course.

would be confusing if the articles stated the business was selling caravan's in Nakon Nowhere and the job title and description was given as providing English language consulting services to MNC's at multiple locations around the Bangkok area...

[Maestro]

The OP's job seems to be twofold and this should be reflected in his job description and job title:

1. Sell the foreign language instruction services and goods offered by the company, ie negotiate contracts with prospective clients for the company's services and the materials used in connection with these services.
2. Provide English language instruction to people at the premises of the company and at the location of clients anywhere in the Kingdom.