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Conditions for granting work permits, B.E. 2545 (A.D. 2002)

Criteria and conditions for a work permit appro
val consideration

Summary:

1. The Department of Employment, Ministry of Labour and Social Welfare has issued new regulations for granting work permits, renewal of work permits and modification of job descriptions and positions or locations of a workplace. A work permit can be obtained if one of the following conditions are met:

1.1 An expatriate must work for a company with a registered capital of at least Baht 2 million. One foreign employee can be hired for every Baht 2 million of capital but not more than 10 expatriates.

The labour officer will need to be provided with the company's affidavit, a list of shareholders, balance of the company's bank account including the latest Financial Statement of the company.

1.2 An expatriate must work for a company which has paid corporate income tax of at least Baht 5,000,000 for the past three years. The labour officer may grant a work permit for 1 expatriate, for each 5 million baht in corporate taxes paid in the last three years. A copy of the corporate withholding tax returns and tax receipts must be presented.

1.3 An expatriate must work for a company which is engaged in export business and remit foreign currency of at least the equivalent of Baht 3 million a year to hire 1 expatriate for each Baht 3 million but not more than 3 expatriates. Bill of Lading must be presented.

1.4 An expatriate must work for a company which employs at least 50 Thai employees for each expatriate but not more than 5 expatriates against the ratio of one expat against 50 Thai employees. Evidence of payment towards the social security fund must be presented.

1.5 An expatriate should have an income and duty to pay Thai tax to the Revenue Department of at least Baht 18,000 in the past year. A copy of the personal income tax return (PND. 91) and tax receipt must be presented.

2. The above conditions will not apply if the company can meet the below conditions:

2.1 Representative office
2.2 The work concerns Investment consulting or Administrative Consulting or Technical and Technology or Internal audit in some case.

2.3 Tourist representatives who accompany tourist in Thailand.

2.4 Work performed for international financial institutions approved by the Bank of Thailand.

2.5 Temporary business of entertainment, religious, social welfare, cultural and sporting without the intention to make profit and pay tax in Thailand.

2.6 Working as a contractor on projects with the governmental bodies or state enterprise which have a supporting letter to address the expatriate's name and position.

2.7 Business using a local raw material rather than imported raw material.

2.8 Business supporting export of Thai products.

2.9 Business involving new technology to transfer to Thai people.

2.10 Business in the area where there is a shortage of Thai labour.

2.11 Resident of Thailand which has a resident certificate or certificate of aliens

2.12 Married with a Thai citizen with a legal registration and legally
working.

Source: Various Chambers

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