Work Permits

[Magik]

Could someone set me right on this. The new regulations regarding salary figures for work permits from July this year indicate that for UK persons the salary will be 50000Bt/mth and for US citizens 60000Bt/mth. Why then are their regular adverts for qualified teachers in newspapers, web sites offering full time work with work permit at 25000/30000bt per month. Is this just a case of those qrganizations/schools giving their staff 30000 and claiming the 50/60000 and keeping the balance as "gifts"

Any ideas

Magik

[dr_Pat_Pong]

Could someone set me right on this. The new regulations regarding salary figures for work permits from July this year indicate that for UK persons the salary will be 50000Bt/mth and for US citizens 60000Bt/mth. Why then are their regular adverts for qualified teachers in newspapers, web sites offering full time work with work permit at 25000/30000bt per month. Is this just a case of those qrganizations/schools giving their staff 30000 and claiming the 50/60000 and keeping the balance as "gifts"

Any ideas

Magik

They are going to have to account for taxes on the new amounts.

[Sunbelt Asia]

This is the case for one year visas. Its NOT for multi entry visa holders for the new wages in July.

[sweetbix]

I used sunbelt to get to a one year multiple entry visa and that is great. How much is the minimum salary required to get a work permit if you have a one year multiple entry visa to get a work permit. Any reply would be great

[PeaceBlondie]

I'm confused. For over a year, these salary minima, which differ by nationality, have been SAID to not apply to teachers. Or, don't apply to teachers in govt. schools.

Agencies and private schools and language centers, however, may be subject to the minima for their teachers, but I still have never seen any evidence of this. I have heard rumors, per one of the posts above, that the schools PRETEND or lie to the govt. that they're paying 60K to an American teacher, and then charge the teacher for the tax! So, if I worked half time and earned 15K, I'd have to pay tax on 60K to get a work permit. Or get a teacher's license. Or get a visa extension. Or, get a discount on som tam; I don't know.

Who's got the official govt. pronouncement or gazzeted statement that farang teachers are subject to these minimal salaries which in fact can be double what a full-time foreign teacher makes?

Of course, sweetbix, unless you're fully certificated as a teacher in your home Western country, you're not going to start teaching in English (or even science or math) at 60,000 baht per month. Probably not even 50,000 baht for a female who present herself well at the interview.

Regardless of sweetbix's situation, very few farang who teach full time in Thailand will be earning the minima during their first couple of years. What's the real actual genuine Thai law about that? Or per the usual procedure, does it only matter what province, which govt. officials, and who your employer knows?

[rishi]

First of all - according to the official regulations - those figures of 50-60,000 Baht are NOTHING BUT the minimum salary requirement for obtaining a one-year extension of the permitted-to-stay stamp in your passport. They DO NOT apply to ANYTHING else at all! They DO NOT dictate a minimum wage your employer must pay you. They ARE NOT part of the requirements for obtaining a WP.

The minimum, legal salaries as of Jan. 1, 2006 can be found at the "Ministry of Labour"s website at: http://eng.mol.go.th/statistic_01.html

The rates depend a bit on location. Here I'll quote the highest and the lowest: Bangkok 184. Nan, Payao, Phrae 140... The currency is not USD - it's Baht and it's not per hour - its per day.

The site doesn't mention whether these rates apply to foreigners or not, but can you imagine the Thai government would request Thai employers to pay more for foreigners than Thais? That'd be like officially admitting foreigners are more worth than Thais.

So if your employer pays you e.g. 10,000+ a months, he's way more generous, than the law requires him to be.

Quite another issue is how your employer handles your tax. The law requires him to withhold income tax corresponding to your estimated year-income. The one and only case, where you can possibly benefit of him withholding more tax, than actually does correspond to your income, would be if that helps you to meet the requirements for a one-year extension of the permitted-to-stay stamp in your passport.

If your employer tells you he needs to withhold more tax, than corresponds to your salary, for you to be able to obtain/extend your WP, you are being scammed.

[cclub75]

First of all - according to the official regulations - those figures of 50-60,000 Baht are NOTHING BUT the minimum salary requirement for obtaining a one-year extension of the permitted-to-stay stamp in your passport. They DO NOT apply to ANYTHING else at all! They DO NOT dictate a minimum wage your employer must pay you. They ARE NOT part of the requirements for obtaining a WP.

What are your sources ?

In our company, for a few WP the "minimum salary" was an issue in order to obtain WP...

It was for the application process of WP.

Furthermore, what is the point of having a WP without the 1 year extension ?

And why would they require a minimum salary for the extension, and not for the application ?

[~G~]

First of all - according to the official regulations - those figures of 50-60,000 Baht are NOTHING BUT the minimum salary requirement for obtaining a one-year extension of the permitted-to-stay stamp in your passport. They DO NOT apply to ANYTHING else at all! They DO NOT dictate a minimum wage your employer must pay you. They ARE NOT part of the requirements for obtaining a WP.

What are your sources ?

In our company, for a few WP the "minimum salary" was an issue in order to obtain WP...

It was for the application process of WP.

In this case the process in your company was handled by an unprofessional or uninformed person.

Furthermore, what is the point of having a WP without the 1 year extension ?

Very good point, of being able to work legally in Thailand. This is as long as you're ok with doing visa runs every 3 months.

And why would they require a minimum salary for the extension, and not for the application ?

It is simply the law. Employment department (=WP) and immigration (=visas) have different rules. We are talking here about Extension of Stay, not about extention of WP.

[rishi]

First of all - according to the official regulations - those figures of 50-60,000 Baht are NOTHING BUT the minimum salary requirement for obtaining a one-year extension of the permitted-to-stay stamp in your passport. They DO NOT apply to ANYTHING else at all! They DO NOT dictate a minimum wage your employer must pay you. They ARE NOT part of the requirements for obtaining a WP.

What are your sources ?

My sources are the various official/semiofficial websites dealing with requirements for WP applications/extensions. The confirmation is negative in the sense, that there are no refences to minimum salaries nor does the required documentation include anything like paychecks.

Combine this with the circumstance that a WP is required - and can be obtained - even for unpaid volunteer work.

However, these are all just the official requirements. Noone can know exactly how these requirements are "interpreted" at that particular office one is visiting. The only truly reliable source would be one familiar with that particular office.

[Sunbelt Asia]

I used sunbelt to get to a one year multiple entry visa and that is great. How much is the minimum salary required to get a work permit if you have a one year multiple entry visa to get a work permit. Any reply would be great

Officially the minimum in Bangkok is 5,540 Baht per month. However when you go to renew the work permit, the officer likes to see tax being paid in some cases. If you are paying 18,000 Baht tax per year on a salary of 32,000 Baht, he will be happy. If he feels you should of paid some personal tax, you will be asked to pay some tax at that time.

www.lawyer.th.com

[cclub75]

However, these are all just the official requirements. Noone can know exactly how these requirements are "interpreted" at that particular office one is visiting. The only truly reliable source would be one familiar with that particular office.

OK fair enough. I will fire the employee who is responsible of our WPs....

However, I agree with the previous post : even if the law is clear, then it's always possible to have variations on the ground.

Because at the end, you have to face a civil servant who can block your application, or ask you more and more papers. In a word: they hold you in theirs hands.

As often in Thailand, the best policy is : "don't take any chance".

[rishi]

However, these are all just the official requirements. Noone can know exactly how these requirements are "interpreted" at that particular office one is visiting. The only truly reliable source would be one familiar with that particular office.

OK fair enough. I will fire the employee who is responsible of our WPs....

In case you otherwise are satisfied with the poor employee, you might reconsider - or you might not. Given only the inputs of this thread - how would you knows if he's doing a good job or not? Maybe he's having a hard time with the officials at the local office?

My suggestion would be to get a second opinion on how things are "interpreted" by the local officials. If you "speak the language", it'll be a good exercise checking it out yourself. If not, consult a lawyer experienced in processing WP's at that office.

If your employee wrongfully has told you that you cannot possibly hire a farlang for less than those 50-60,000 - fire him. If he's correct - well it wouldn't be a wise decission to fire a employee, doing a good job.