- JTJB 15th Year of Practice
- Representative office, Regional Office or Branch Office which one is suitable for your business expansion into Thailand
- What to know about Work Permit
- New Trade Competition Act
- Impact on Employment from the Coronavirus (COVID-19)
- New Land and Building Tax of Thailand
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- Legal Duties and Liability of Directors
- JTJB BANGKOK INTRODUCES NEW DIRECTOR AND ASSOCIATE
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What to know about Work Permit
How to apply a work permit for an expatriated employee? This question seems to be simple and straight forward but, in fact, the suitable answer is rather complicated. However, in this article, we have summarized all essential terms, condition and legal step to be taken in order to obtain the work permit as follows:
Essential Conditions of the Employer
An (juristic person) employer who wishes to employ an expatriated employee must:
- have employed at least 4 local Thai employees (registered with Social Security Office or so-called “SSO”);
- have its registered capital at least THB 2,000,000 fully paid-up; and
- pay minimum monthly salary to such expat (depend on his/her nationality) as stipulated below:
|No||Nationality of the Expat||Minimum Monthly Salary|
|1||European (except Russian), Australian, Canadian, Japanese, and American||THB 50,000|
|2||Korean, Singaporean, Taiwanese, and Hong Kong||THB 45,000|
|3||Asian (except Japanese, Korean, Taiwanese, Hong Kong, Cambodian, Burmese, Lao, and Vietnamese), South American, Western European, Central American, Mexican, Russian, and South African||THB 35,000|
|4||African (except South African), Cambodian, Burmese, Lao, and Vietnamese||THB 25,000|
For example, if the (juristic person) employer wishes to employ 4 expats, it must have employed 16 local employees and THB 8,000,000 fully paid-up registered capital.
Essential Conditions of the Expatriated Employee
The key requirement for the expat employee is that he/she must have work experiences and pass medical test conducted by a hospital in Thailand (please find the legal step to apply the work permit below).
Work Permit Process
The following basic steps shall be taken in order to apply a work permit:
Step 1: The employer must apply the initial work permit (so-called “WP3”) from the Department of Employment – the expat shall be residing outside Thailand while applying the WP3;
Step 2: After the issuance of the WP3, the employer shall provide all supporting documents including without limitation to the invitational letter, company profile, corporate and tax document, and the WP3 to the expat;
Step 3: The expat applies Non-Immigrant Visa (Type B) (or so-called “Non-B Visa”) from Royal Thai Embassy or Consulate in his/her country and then enters Thailand;
Step 4: Upon arrival, the expat shall take the medical examination at a hospital and then he/she can obtain the work permit book, which shall be valid from 6 months to 1 year.
Please note that, under the COVID-19 situation, the government has rendered an order regarding the foreigner who has a work permit (including their spouses or children) to (a) undergo the quarantine and comply with the order of communicable disease control officers at the place specified by communicable disease control officers for a period of no less than 14 days.
The place of quarantine shall be in accordance with the criteria and guidelines prescribed by the government, and (b) undertake COVID-19 diagnostic test by RT-PCR technique twice. The first test shall be taken between day 3 to day 5 and the second test shall be taken between day 11 to day 13.