Who Need Wp According To Department Of Labor

[thai_narak]

since it's been a battle here in some forums whether we need WP or not by doing simple things at home like helping wife, painting a house, mowing lawn, etc., blah, blah, blah... so i'm trying to understand who really need WP according to the rule in department of emplyment. exerpts from Governing Rules and Conditions of Considering Alien's Work B.E. 2545 below:

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Clause 5. Rules of considering issue working permit, renewal of permit and issue of permission to change work or locality or place of work, the authorized person shall grant permission only activities not contrary to law and grant permission only to alien who is qualify in any of the following cases;

(1) The alien who works in business with paid-up capital and beginning capital not less than two million baht. It is allowed to have only one working alien for every two million baht but not more than ten working aliens. Documents to consider are paid-up capital evidence and business capital evidence, bank statement, and balance sheet of the previous year.

(2) The alien who works in business that has paid income tax to government for the pass three years total amount not less than five million baht, this is allowed to have one working alien. Documents to consider are tax paid evidence.

(3) The alien who works in business, which operate export products and bring in foreign currency at least three million baht in recent year. It is allowed to have one working alien for every three million baht but not more than three working aliens. Documents to consider are export entry.

(4) The alien who works in business, which employs Thai employees, every fifty Thai employees, it is allowed to have one working alien but not more than five working aliens. Documents to consider are form of fund delivery to social security fund.

(5) The alien who has income and has paid annual personal income tax to Thai government from 18,000 Baht upwards or has paid personal income tax on the recent year at the sum of 18,000 Baht upwards. Documents to consider are personal income tax paid evidence.

Clause 6. Without enforce by clause 5 relating to number limitation of working aliens, at appropriate reason, Director-General may consider to issue working permit, renew permit or issue of permission to change work or locality or place of work to working alien by any of the following;

(1) The alien who is representative of international trade who enter in to Kingdom of Thailand to check product standard or product purchasing or status of goods market study.

(2) The alien who is consulting in investment, or management or technique and technology or internal audit periodically.

(3) The alien who is tourism business representative who bring foreigners to visit Thailand.

(4) International finance institute, which is supported by authorized organization.

(5) Activity, entertainment, amusement, music, religion, social welfare, culture, sports which its nature is employment periodically and non-profit or create income to nations or benefit to public society.

(6) To bring working alien to complete project of government or state enterprise with letter showing number of working alien, name and title.

(7) Work that causes mostly using of domestic material or reducing import overseas material.

(8) Work that support export of Thai products.

(9) Work that brings technology which Thai has not yet created to publicize and transfer to Thais.

(10) Work that Thai can do but is insufficient to response need of domestic labour market.

(11) The alien who is resident in Kingdom of Thailand with residence certificate or alien identification card.

(12) The alien who is spouse of Thai person, legally register marriage certificate and openly cohabit as husband and wife and has a faithful occupation.

Upon permission of Director-General, it shall be reported to Minister of Labour And Social Welfare within 15th next month.

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so, assuming i'm jobless in thailand but of course working in another country, in which category do i fall into? in my assumption it should be clause 6 #(12) which is "spouse of a Thai person" but "occupation" means "activity in your life you do to earn money" if you look it up in the dictionary. so how can a person get a work permit if he wants to paint his own house for that matter?

can someone please explain...

[Sunbelt Asia]

These rules and conditions have been updated and changed in Sept 2004

Royal Emblem

Department of Employment Regulations

Governing the Criteria of Considering Permitting the Work of Foreigners A.D. 2004

In order for the consideration of permitting the work of foreigners under Section 7and Section 8 of the Work of Foreigners Act A.D. 1978 to be exactly circumspect according to the spirit of the law, it is expedient to prescribe the criterion of considering permitting the work of foreigners.

By virtue of Section 32 of the State Affairs administration Regulations Act A.D. 1991 as amended by the State Affairs Administration Regulations Act (No. 5) A. D. 2001, the Director-General of Employment lays down regulations as follows:

Article 1. The regulations are called “The Department of Employment Regulations Governing the criteria of considering Permitting the Work of foreigners A.D. 2004”.

Article 2. These regulations shall apply form the 8th day of October A.D. 2004 onward.

Article 3. The following shall be rescinded:

(1) The Department of employment Regulations Governing the Criteria and the Conditions of Considering Permitting the Work of Foreigners A.D. 2002 dated May 22, 2002,

(2) The Department of Employment Regulations governing the Criteria and the Conditions of considering Permitting the Work of Foreigners (No.2) A.D. 2002 dated July 11, 2002,

(3) The Department of Employment Regulations Governing the Criteria and the Conditions of Considering Permitting the Work of Foreigners (No.3) A.D. 2003 dated February 5, 2003.

Clause 4. For the issuance of the work permit to the foreigners under Section 7 and Section 8, permission shall be considered as may be necessary and appropriate by taking account of:

(1) Security within the kingdom in the political, religious, economic and social aspects,

(2) Protection against foreigners coming to compete for the occupations that Thai nationals have the ability to do and keeping them sufficient in quantify for the demand of the labor market within the kingdom;

(3) The benefit from permitting the foreigners to work in that job position of bringing about the introduction of foreign currency to invest or spend in the country in large amounts, bringing about the employment of a large number of Thai nationals for the position being one requiring skill in modern technology useful to the economic development of the country and with such skill being transferred to Thai nationals.

(4) Skill development that Thai nationals will receive from the transfer by the foreigners who is permitted to work of knowledge and understanding of techniques and details about machines and tools and skill in modern technology to Thai nationals in that work;

(5) The principle of humanity.

Article 5. From the consideration of issuing the work permit under Article 4, permission may be granted according to the following criteria:

(1) For foreigners entering to work in financial institutions under the supervision of the Bank of Thailand or the Ministry of Finance or the government agency which supervises financial institutions, permission shall be granted according to the number prescribed in the certificate having a certificate from Bank of Thailand or the Ministry of Finance or the government agency writ supervise finance in situations.

(2) Foreigners under a certificate issued by the central government, the provincial government, the local government, the state enterprise or the public organization under the public organization law which specifies the name, the position and the work period of that alien.

(3) Foreigners working for an employer whose investment size from the paid up registered capital is not lower than Baht two million, the rate being one alien permitted for every Baht two million, or an employer registered as a juristic person abroad and entering to do business in Thailand whose investment size from the money introduced from abroad is not lower than Baht three million, the rate being one alien permitted for every Baht three million, or a place of business registered as a juristic person abroad and entering to do business in Thailand prior to October 30, 2002 that has no evidence of introducing money from abroad: consideration shall be done from the size of investment from the amount of the balance appearing in 6 retrospective months’ bank statement, an amount of Baht three million or more, the rate being one foreigners permitted for every Baht three million, unless the alien has a Thai spouse in a lawfully registered marriage and in open cohabitation, in which case such investment size as prescribed shall be reduced by one half, in which a maximum of ten foreigners may be permitted, save considering permitting as may be appropriate in any of the following cases:

(a) Working for an employer who has paid tax to the government in the past year cycle not less than Baht three million;

(B Working for an employer doing a business of exporting goods and introducing foreign currency into the country not less than Baht three million in the past year;

(-C) Working for an employer doing a tour business with not fewer than five thousand introductions of foreigners to visit Thailand in the past year cycle;

(d) Working for an employer who employs not fewer than one hundred Thai nationals;

(4) Foreigners working for an employer whose investment size from the paid up registered capital is not lower than Baht two million or an employer registered as a juristic person abroad and entering to do business in Thailand, whose investment size from the money introduced from abroad is not lower than Baht three million: in any of the following case the limitation regarding the number of foreigners under Article 5 (3) shall not apply:

(a) Foreigners doing a Technology work which Thai nationals are still unable to do or in which Thai nationals are available in number not sufficient for the demand of the domestic labor market, which technology shall be transferred to at least two Thai national within the prescribed period;

(B Foreigners working by applying specialized skill for a work to be accomplished under a definite project;

(-C) Foreigners working in an entertainment, amusement or musical business, the character of whose employment are occasional and definite;

(5) Foreigners working in a foundation, association or any other organization whose objectives are non-profit making and in the interests of the society as a whole: the criterion in Article 5 (3) shall not apply;

(6) Foreigners coming to be attached to the representative office of a foreign justice person in an international trade business, who comes to give advice in various aspects about the goods of the head office distributed to an agent or user, the dissemination of various sorts of information about the goods or services of the head office and the reporting of business movements in Thailand to the attention of the head office: a maximum of two person may be permitted; the alien coming in to look for goods or service purchase sources in Thailand for the head office, check and control the quality and the quantify of the goods that the head office buys or employees to produce in Thailand: a maximum of two persons may be permitted, unless that representative office can find goods or service purchase sources for the head office and the head office has ordered goods or services from producers in Thailand in a value of goods or service ordering in the past year not less than Baht one hundred million;

(7) Foreigners coming in to be attached to the regional office of a juristic person organized under the law of a foreign country and going to do business in another country in order to render services in various aspects, e.g. liaison and supervision of the operation of a subsidiary or affiliated company located in the same region as the head office, counseling or rendering the services of organizing transiting and personnel development, financial management, market control and sales promotion planning, product development, and research and development by coming an income from rendering those services and having no power to receive purchase orders or sale offers or negotiate business-doing with persons or juristic persons in the country of location, by receiving expenses from the head office only: a maximum of five persons may be permitted, unless than regional office has introduced money to spend in Thailand in the past year cycle not less than ten million baht.

Article 6. Regarding considering issuing the work permit under Article 4 to foreigners who apply for permission to work for a natural person employer who is not one having the character under Article 5, permission may be granted according to the following criteria:

(1) Foreigners working for an employer earning an income from business operation in the past year cycle or from the current year: for every Seven hundred thousand baht earned by the employer, one foreign employee may be employed but no more than maximum three foreign employee may be employed.

(2) Foreigners working for an employer who has paid taxes to the government in the past year cycle: one foreign employee may be employed for every fifty thousand baht income tax the employer paid. Maximum foreign employee hired may not exceed 3 persons.

(3) Foreigners working for an employer having Thai employees: one person may be permitted for every four Thai employees, the maximum being three persons.

Article 7. The criterion under paragraph one shall be reduced by one half in the case where the permit applicant alien has a Thai spouse in a lawfully registered marriage and in open cohabitation.

Article 8. Considering permitting otherwise than the cases or criteria herein prescribed shall be the power of the Director-General.

Article 9. Applications that the authorities have receive prior to the effective date hereof shall be treated according to the Department of Employment Regulations Governing the Criteria and the Conditions of Considering Permitting the Work of Foreigners A.D. 2002 dated May 22, 2002, the Department of Employment Regulations Governing the Criteria and the Conditions of Considering Permitting the Work of Foreigners (No. 2) A.D. 2002 dated July 11, 2002, and the Department of Employment Regulations Governing the Criteria and the Conditions of Considering Permitting the Work of Foreigners (No. 3) A.D. 2003 dated February 5, 2003.

Article 10. The Director-General of Employment shall be the person in charge of the functions hereunder.

Given this 30th day of September A.D. 2004

-Signed-

(Mr. Chuthathawat Intharasuksi)

Director-General of Employment Department

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