Work Permit in Thailand

Work Permit In Thailand

Foreigners who have no work permit are mostly considered by the Kingdom of Thailand as tourists. By law, they are not allowed to work in any type of company that is within the exclusive jurisdiction of Thailand, regardless of its line of business, or engage in self-employment (like virtual offices).  The reason is that resources and income that are being utilized are within the jurisdiction of Thailand. In effect, a foreigner who wishes to work in Thailand must have a valid document known as “Work Permit.”

A work permit is a legal document which serves as a license that allows you to perform an allowed occupation inside the Kingdom. It contains the full name of the foreigner, occupation, name of employer, and activities that may be performed. Its validity term can vary but the most common period totals to  1 year; the term depends on the nature of work and on the documents submitted to the relevant branch of the Ministry of Labor.

Before Obtaining a Work Permit 

Before a work permit is obtained, a foreigner must obtain a Non-Immigrant visa which can be applied through either a) Conversion of a Tourist Visa into Non-Immigrant Visa inside the Kingdom of Thailand or b) Acquirement at a Thai Embassy in another country. These two processes require preparation of paperwork on behalf of the employer, as well as the foreigner’s personal data and identification documents.

How To Obtain a Work Permit

The employer and the foreigner must provide documents to the Ministry of Labor before a work permit is granted; this generally takes 7 to 14 days. The choice of a specific Ministry of Labor Office will depend on the registered address of the office of the employer. The documents  specified below must be certified accordingly:

Foreigner

  • 1.5 x 1.5 photos (white background)
  • Medical Certificate along with the required laboratory tests.
  • Original passport
  • Letter of Employment or Contract of Employment
  • Certificate of Degree (must be translated into English)
  • Proof of residence address in Thailand (for example, a Lease Agreement)

Employer

  • Company Certificate and Objectives (DBD)
  • List of Shareholders
  • Application for VAT
  • Withholding tax of the company
  • Financial Statement of the company
  • National Identification Card or passport of the Director
  • A letter of employment providing the position and salary

Responsibility Of The Holder Of Work Permit

Upon receiving the Work Permit, a foreign employee must always carry it at work, especially when at the workplace. An extension of work permit must be done at least a month before it expires. Moreover, it is advisable for foreigners to track possible changes of labor rules regarding work permits.

Summary

Juslaws & Consult has a special department which specialises in registration of Work Permits for foreign employees, either through conversion in Thailand or application abroad. Our Visa and Work Permit team will assist you and your company with preparation of the documents required for application for the Work Permit.