What The Technical Definition Of Work?

[Bananaman]

What exactly constitutes working according to Thai immigration rules? Suppose you have a company back in your home country for which you oversee the operation via the internet and are paid in your home currency. Or suppose you are a consultant providing information for your overseas clients across the net while residing here in Thailand. I can think of dozens of other similar scenarios and I guess what I'm wondering is what exactly is the factor that determines whether what you do here contravenes Thai law if you aren't in possession of a work permit. Is it whether or not you are paid in Thai baht or by a Thai company?

[Sunbelt Asia]

What exactly constitutes working according to Thai immigration rules? Suppose you have a company back in your home country for which you oversee the operation via the internet and are paid in your home currency. Or suppose you are a consultant providing information for your overseas clients across the net while residing here in Thailand. I can think of dozens of other similar scenarios and I guess what I'm wondering is what exactly is the factor that determines whether what you do here contravenes Thai law if you aren't in possession of a work permit. Is it whether or not you are paid in Thai baht or by a Thai company?

If you are just thinking of working, you are working.

It does not matter if you are paid one Baht or are a volunteer, you need a work permit.

The only exception is if you are working from home on the internet with foreign cliemnts. It’s a sensitive area according to the Labor Dept. "as they will have a hard time catching you on that web page. They always knock on the door first and someone could click away from that homepage."

www.sunbeltasiagroup.com

[wpcoe]

I also have been wondering what is considered to be "working":

If I own a restaurant, I realize I cannot be cooking the food or waiting tables. But, what if I decide the restaurant needs a new coat of paint. Am I "working" if I decide to repaint the place myself?

If I own a condo, and do renovations myself (e.g. rip up the existing flooring, put down new tile) and I "working" in that I am preventing a Thai from doing it and receiving compensation?

I'm certainly hoping the second scenario is "NOT working" but, with the intent of law being that you cannot do anything (volunteer work after the tsunami, comes to mind) that could prevent a Thai from earning money....

[sabaijai]

The way I understand it, from talking to immigration and an immigration lawyer in Bangkok, if you use your talents in Thailand for something you would be paid for elsewhere, then you need a work permit, regardless of whether you are getting paid here.

One exception is a special royal dispensation that allows missionaries to work in Thailand without a WP.

[wpcoe]

sabaijai: I'm assuming your post was in reply to the OP only? Or, did you mean your reply to my post, as well?

(If I used my talents to paint someone else's restaurant or renovate someone else's condo, it would be something I would be paid for...?)

[kudroz]

I don't know about the workpermit part, but what I know is that you'll be liable to pay taxes.

If you live in Thailand and you manage a business operation while being in Thailand (like operating a website while in Thailand that earns foreign income deposited abroad) then your are liable to pay tax on such income. If you are managing a juristic entity while in Thailand, this juristic entity will be liable to pay taxes in Thailand for the income believed to be connected to the management in Thailand.

(read here, "manage a business operation while being in Thailand")

Passive income is treated differently.

[Bananaman]

I also have been wondering what is considered to be "working":

If I own a restaurant, I realize I cannot be cooking the food or waiting tables. But, what if I decide the restaurant needs a new coat of paint. Am I "working" if I decide to repaint the place myself?

If I own a condo, and do renovations myself (e.g. rip up the existing flooring, put down new tile) and I "working" in that I am preventing a Thai from doing it and receiving compensation?

I'm certainly hoping the second scenario is "NOT working" but, with the intent of law being that you cannot do anything (volunteer work after the tsunami, comes to mind) that could prevent a Thai from earning money....

It's exactly this kind of thing that I feel creates some kind of a grey area. Surely in owning a restaurant you are forced to make some kind of decisions with regards to its management and this could be construed as work? Where do you draw the line?

[sabaijai]

sabaijai: I'm assuming your post was in reply to the OP only? Or, did you mean your reply to my post, as well?

(If I used my talents to paint someone else's restaurant or renovate someone else's condo, it would be something I would be paid for...?)

Yes the OP. Technically you may need a WP to paint someone else's restaurant or renovate a condo.