webfact Posted July 20, 2016 Share Posted July 20, 2016 Phuket Poll: Is the Thai work permit necessary?The Phuket NewsThe work permit is used by Thai officials as critical in determining whether or not a foreigner is legally working in the kingdom, but is it really necessary? Photo: Tanyaluk SakootPHUKET: -- The news last week that a work permit is not required in order to receive income from renting out a condo brought much relief to expat condo owners across the island.However, the disparity of that decision compared with the need for a work permit for any other income-creating activities by foreigners has thrown the proverbial cat amongst the pigeons in a country where work permits are required by any foreigner even doing free volunteer work.For decades the concept of whether or not money is received has been irrelevant as the definition of work in Thailand remains “engaging in work by exerting energy or using knowledge whether or not in consideration of wages or other benefits” (see Ministry of Labour website here).This definition was made plain as even emergency relief volunteers entering the country to help those affected the by tsunami in 2004 were technically required to have work permits in order to simply help for free.Yet for Australia, the United States and the United Kingdom, the work permit has gone the way of the dodo. All the required information in order to work in those countries must be provided to the Ministry of Foreign Affairs or equivalent of those nations at the time of applying for an appropriate visa that allows the holder to work in the country.Thailand requires the same, yet all that same information must be provided to the Department of Employment in order to be issued a work permit.Full story: http://www.thephuketnews.com/phuket-poll-is-the-thai-work-permit-necessary-58319.php-- Phuket News 2016-07-20 Link to comment Share on other sites More sharing options...
NamKangMan Posted July 20, 2016 Share Posted July 20, 2016 (edited) In my opinion, and the way I interpret Thai Labor Law: No work permit should be required for simply owning the property. No work permit should be required if the property owner rents out the property, using a legal property agent. No work permit should be required if the property owner is renting out their property themselves, via the internet, phone and foreign / local bank account, whilst outside of Thailand. Whilst they are "working" - they are not in Thailand, so are not under the jurisdiction of Thai Labor Laws. A work permit should be required by a foreign property owner who markets, advertises, accepts bookings and enquiries, meets and greets, hands out keys, makes inspections, cleans the property, performs repairs and maintenance, and banking and bill paying (accounting) - this is clearly, "working" as the individual is “engaging in work by exerting energy or using knowledge whether or not in consideration of wages or other benefits.” Edited July 20, 2016 by NamKangMan Link to comment Share on other sites More sharing options...
rhodie Posted July 20, 2016 Share Posted July 20, 2016 ................... Link to comment Share on other sites More sharing options...
LivinginKata Posted July 20, 2016 Share Posted July 20, 2016 In my opinion, and the way I interpret Thai Labor Law: No work permit should be required for simply owning the property. No work permit should be required if the property owner rents out the property, using a legal property agent. No work permit should be required if the property owner is renting out their property themselves, via the internet, phone and foreign / local bank account, whilst outside of Thailand. Whilst they are "working" - they are not in Thailand, so are not under the jurisdiction of Thai Labor Laws. A work permit should be required by a foreign property owner who markets, advertises, accepts bookings and enquiries, meets and greets, hands out keys, makes inspections, cleans the property, performs repairs and maintenance, and banking and bill paying (accounting) - this is clearly, "working" as the individual is engaging in work by exerting energy or using knowledge whether or not in consideration of wages or other benefits. I agree with all that ... Link to comment Share on other sites More sharing options...
PremiumLane Posted July 20, 2016 Share Posted July 20, 2016 I think grumpy TV posters are more bothered about work permits than the Thais Cue indignation and lectures Link to comment Share on other sites More sharing options...
Old Croc Posted July 20, 2016 Share Posted July 20, 2016 In my opinion, and the way I interpret Thai Labor Law: No work permit should be required for simply owning the property. No work permit should be required if the property owner rents out the property, using a legal property agent. No work permit should be required if the property owner is renting out their property themselves, via the internet, phone and foreign / local bank account, whilst outside of Thailand. Whilst they are "working" - they are not in Thailand, so are not under the jurisdiction of Thai Labor Laws. A work permit should be required by a foreign property owner who markets, advertises, accepts bookings and enquiries, meets and greets, hands out keys, makes inspections, cleans the property, performs repairs and maintenance, and banking and bill paying (accounting) - this is clearly, "working" as the individual is engaging in work by exerting energy or using knowledge whether or not in consideration of wages or other benefits. I agree with all that ... Off topic. This thread/survey is asking if you believe work permits are necessary at all, it is not about condo rentals, even though they were mentioned in the intro. That has been covered in other threads. Link to comment Share on other sites More sharing options...
gandalf12 Posted July 20, 2016 Share Posted July 20, 2016 I would say yes and no. At present Thailand has no idea as to who is working for a company. They should have as each company should provide the details of every employee to the department of labour. Should the employer provide all the details then no, a WP should not be necessary but until the companies are made to provide employee details then there is no other way other than the WP Link to comment Share on other sites More sharing options...
Felt 35 Posted July 20, 2016 Share Posted July 20, 2016 They should have as each company should provide the details of every employee to the department of labour....... That`s transparency......if you top it up with..... from there to revenue department..... no that would benefit the common people to much and not good for the business people Link to comment Share on other sites More sharing options...
ScotBkk Posted July 20, 2016 Share Posted July 20, 2016 I think grumpy TV posters are more bothered about work permits than the Thais Cue indignation and lectures I agree It gives them a day off moaning about overstayers !! Link to comment Share on other sites More sharing options...
trogers Posted July 20, 2016 Share Posted July 20, 2016 (edited) In my opinion, and the way I interpret Thai Labor Law: No work permit should be required for simply owning the property. No work permit should be required if the property owner rents out the property, using a legal property agent. No work permit should be required if the property owner is renting out their property themselves, via the internet, phone and foreign / local bank account, whilst outside of Thailand. Whilst they are "working" - they are not in Thailand, so are not under the jurisdiction of Thai Labor Laws. A work permit should be required by a foreign property owner who markets, advertises, accepts bookings and enquiries, meets and greets, hands out keys, makes inspections, cleans the property, performs repairs and maintenance, and banking and bill paying (accounting) - this is clearly, "working" as the individual is engaging in work by exerting energy or using knowledge whether or not in consideration of wages or other benefits. That's why it has been ruled that work permit is not required to let out one's condo.'Else many locals wouldh lose their jobs relating to the above services. Edited July 20, 2016 by trogers Link to comment Share on other sites More sharing options...
NamKangMan Posted July 20, 2016 Share Posted July 20, 2016 In my opinion, and the way I interpret Thai Labor Law: No work permit should be required for simply owning the property. No work permit should be required if the property owner rents out the property, using a legal property agent. No work permit should be required if the property owner is renting out their property themselves, via the internet, phone and foreign / local bank account, whilst outside of Thailand. Whilst they are "working" - they are not in Thailand, so are not under the jurisdiction of Thai Labor Laws. A work permit should be required by a foreign property owner who markets, advertises, accepts bookings and enquiries, meets and greets, hands out keys, makes inspections, cleans the property, performs repairs and maintenance, and banking and bill paying (accounting) - this is clearly, "working" as the individual is engaging in work by exerting energy or using knowledge whether or not in consideration of wages or other benefits. I agree with all that ... Off topic. This thread/survey is asking if you believe work permits are necessary at all, it is not about condo rentals, even though they were mentioned in the intro. That has been covered in other threads. I didn't use the word "condo" once in my post, either did LIK. I used the word "property" which covers ALL forms of unimproved, and improved land. It is you that is "off topic." Link to comment Share on other sites More sharing options...
NamKangMan Posted July 20, 2016 Share Posted July 20, 2016 In my opinion, and the way I interpret Thai Labor Law: No work permit should be required for simply owning the property. No work permit should be required if the property owner rents out the property, using a legal property agent. No work permit should be required if the property owner is renting out their property themselves, via the internet, phone and foreign / local bank account, whilst outside of Thailand. Whilst they are "working" - they are not in Thailand, so are not under the jurisdiction of Thai Labor Laws. A work permit should be required by a foreign property owner who markets, advertises, accepts bookings and enquiries, meets and greets, hands out keys, makes inspections, cleans the property, performs repairs and maintenance, and banking and bill paying (accounting) - this is clearly, "working" as the individual is engaging in work by exerting energy or using knowledge whether or not in consideration of wages or other benefits. That's why it has been ruled that work permit is not required to let out one's condo.'Else many locals wouldh lose their jobs relating to the above services. Are you aware that many foreign property owners, who are still on Phuket, are "working" as pseudo property agents, under the protection that they are the owner of the property? The recent media reports are mainly directed towards these people. Link to comment Share on other sites More sharing options...
NamKangMan Posted July 20, 2016 Share Posted July 20, 2016 (edited) I think grumpy TV posters are more bothered about work permits than the Thais Cue indignation and lectures Whenever the Thai authorities change the goal posts, AFTER foreigners have invested money here, there are going to be foreigners lose out. It's understandable they would not be happy about it. Edited July 20, 2016 by NamKangMan Link to comment Share on other sites More sharing options...
taxin Posted July 20, 2016 Share Posted July 20, 2016 In my opinion, and the way I interpret Thai Labor Law: No work permit should be required for simply owning the property. No work permit should be required if the property owner rents out the property, using a legal property agent. No work permit should be required if the property owner is renting out their property themselves, via the internet, phone and foreign / local bank account, whilst outside of Thailand. Whilst they are "working" - they are not in Thailand, so are not under the jurisdiction of Thai Labor Laws. A work permit should be required by a foreign property owner who markets, advertises, accepts bookings and enquiries, meets and greets, hands out keys, makes inspections, cleans the property, performs repairs and maintenance, and banking and bill paying (accounting) - this is clearly, "working" as the individual is engaging in work by exerting energy or using knowledge whether or not in consideration of wages or other benefits. I agree with all that ... Off topic.This thread/survey is asking if you believe work permits are necessary at all, it is not about condo rentals, even though they were mentioned in the intro. That has been covered in other threads. Give NKM a break, the 3 other threads he previously hijacked for his own cause are starting to go quiet, he needs fresh topics in order to continue his goal in convincing everyone that the property market in Phuket has collapsed. Any new topic that so much as mentions a word associated with property you can be assured he will be all over it. Link to comment Share on other sites More sharing options...
mcfish Posted July 20, 2016 Share Posted July 20, 2016 In my opinion, and the way I interpret Thai Labor Law: No work permit should be required for simply owning the property. No work permit should be required if the property owner rents out the property, using a legal property agent. No work permit should be required if the property owner is renting out their property themselves, via the internet, phone and foreign / local bank account, whilst outside of Thailand. Whilst they are "working" - they are not in Thailand, so are not under the jurisdiction of Thai Labor Laws. A work permit should be required by a foreign property owner who markets, advertises, accepts bookings and enquiries, meets and greets, hands out keys, makes inspections, cleans the property, performs repairs and maintenance, and banking and bill paying (accounting) - this is clearly, "working" as the individual is engaging in work by exerting energy or using knowledge whether or not in consideration of wages or other benefits. I agree with all that ... Off topic.This thread/survey is asking if you believe work permits are necessary at all, it is not about condo rentals, even though they were mentioned in the intro. That has been covered in other threads. Give NKM a break, the 3 other threads he previously hijacked for his own cause are starting to go quiet, he needs fresh topics in order to continue his goal in convincing everyone that the property market in Phuket has collapsed. Any new topic that so much as mentions a word associated with property you can be assured he will be all over it. Yes poor little NokanMan should take a look at the Poll as the no work permit crowd start to pull away. I doubt he will get any sleep tonight ....Go to sleep NKM you stress way to much over something you simply cannot control Link to comment Share on other sites More sharing options...
stevenl Posted July 20, 2016 Share Posted July 20, 2016 In my opinion, and the way I interpret Thai Labor Law:No work permit should be required for simply owning the property. No work permit should be required if the property owner rents out the property, using a legal property agent. No work permit should be required if the property owner is renting out their property themselves, via the internet, phone and foreign / local bank account, whilst outside of Thailand. Whilst they are "working" - they are not in Thailand, so are not under the jurisdiction of Thai Labor Laws. A work permit should be required by a foreign property owner who markets, advertises, accepts bookings and enquiries, meets and greets, hands out keys, makes inspections, cleans the property, performs repairs and maintenance, and banking and bill paying (accounting) - this is clearly, "working" as the individual is engaging in work by exerting energy or using knowledge whether or not in consideration of wages or other benefits. I agree with all that ... Off topic.This thread/survey is asking if you believe work permits are necessary at all, it is not about condo rentals, even though they were mentioned in the intro. That has been covered in other threads. Give NKM a break, the 3 other threads he previously hijacked for his own cause are starting to go quiet, he needs fresh topics in order to continue his goal in convincing everyone that the property market in Phuket has collapsed. Any new topic that so much as mentions a word associated with property you can be assured he will be all over it. Yes poor little NokanMan should take a look at the Poll as the no work permit crowd start to pull away. I doubt he will get any sleep tonight ....Go to sleep NKM you stress way to much over something you simply cannot control That poll is really meaningless, some ate answering with the general rules in mind, others with with the property market in mind. Link to comment Share on other sites More sharing options...
NamKangMan Posted July 21, 2016 Share Posted July 21, 2016 In my opinion, and the way I interpret Thai Labor Law: No work permit should be required for simply owning the property. No work permit should be required if the property owner rents out the property, using a legal property agent. No work permit should be required if the property owner is renting out their property themselves, via the internet, phone and foreign / local bank account, whilst outside of Thailand. Whilst they are "working" - they are not in Thailand, so are not under the jurisdiction of Thai Labor Laws. A work permit should be required by a foreign property owner who markets, advertises, accepts bookings and enquiries, meets and greets, hands out keys, makes inspections, cleans the property, performs repairs and maintenance, and banking and bill paying (accounting) - this is clearly, "working" as the individual is engaging in work by exerting energy or using knowledge whether or not in consideration of wages or other benefits. I agree with all that ... Off topic.This thread/survey is asking if you believe work permits are necessary at all, it is not about condo rentals, even though they were mentioned in the intro. That has been covered in other threads. Give NKM a break, the 3 other threads he previously hijacked for his own cause are starting to go quiet, he needs fresh topics in order to continue his goal in convincing everyone that the property market in Phuket has collapsed. Any new topic that so much as mentions a word associated with property you can be assured he will be all over it. Why do you think the property market on Phuket hasn't collapsed? Link to comment Share on other sites More sharing options...
NamKangMan Posted July 21, 2016 Share Posted July 21, 2016 @ mcfish I'm quite sure Thai authorities couldn't care less what a poll of farang voters say, but as long as you do, that's the main thing. Link to comment Share on other sites More sharing options...
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