If you are a foreigner intending to work in Thailand, you are subject to the Alien Employment Act. This requires you to have a work permit issued by the Ministry of Labour. However, this is not applicable for an approved temporary and urgent work for not exceeding 15 days. A Work Permit defines the locality, duration, category or nature of work and the employer. Failure to comply with Thailand’s Employment regulations shall be punishable by fines and/or imprisonment.
A foreigner may perform any work that will not, in any way, compromise the national security and career opportunity of the Thai people. In addition, a foreigner can perform a job if the demand for foreign labour is necessary for national developments. Here are some of the jobs that foreigners are most likely to land into:
– Teaching English and Translation
– Computer and Information Technology
– Writing and Editorial
– Sales Professionals
– Hotel Management and Culinary
– Music and Entertainment
– Specialized Skills
– Opening Your Own Business
Any Foreigner intending to work in Thailand must have a residence in Thailand or authorized to temporarily enter Thailand. The first step in the work permit application process is to get the correct visa. In most cases, the applicant has to apply for a Non-Immigrant Type “B” Visa. You can obtain this visa either in your home country or any neighboring countries of Thailand. This allows the applicant to stay in Thailand for the first 90 days which shall give enough time for the application to take place.
– First of all, it is important to consider the registered capital of the company that you will be working for. A company can hire 1 foreigner for every 2,000,000 Baht registered paid-up capital, but only up to a maximum of 10 work permits per company. However, certain considerations apply in certain situations.
– There are compulsory requirements for a minimum number of Thai employees per foreign employee depending on the status of the company. The standard ratio is 4 Thai employees to 1 foreign employee.
– Every company must pay corresponding Taxes and Social Security Funds. Companies who are not complying with the laws of Business Development and Revenue Department are not eligible to apply for a work permit for you.
The work permit recipient or the employee has the right to keep the Work Permit. Therefore, it is the employee’s responsibility to make it available at all times most especially during working hours. However, for security purposes, this can also be kept at the work place for availability at any time a Competent Official or Registrar demands a proof of employment authorization. Should an employer demands to secure the employee’s work permit, the employee shall have the right to request its release whenever needed.
A Thailand Work Permit is issued for a period of 1 year and may be renewed every year thereafter. This shall then be valid only as long as your visa allows you to remain in Thailand. If the duration of employment of a foreigner is less than 1 year, a Work Permit will be granted for not longer than the period requested.
You must report any intention to change or increase the category of work, employer, working locality or conditions. Hence, any changes shall be effective only upon the approval of the Registrar according to the rules and procedures under the Ministerial Regulations.