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New work permit rules in Thailand PDF Print E-mail
Monday, 18 December 2006

New work permit rules in Thailand

Work permit rules revised (text from Bangkok Post, aug 2002)
Valid for 12 months, ready within a week

Renewable work permits will be issued to foreigners for 12 months under a rule revamp approved by the Labour Ministry.

Requests must also be processed within seven days.

Minister Dej Boonlong said the Employment Department brought in the changes after complaints about delays in issuing work permits.

Where permits are declined applicants have the right to appeal to the minister via the department chief or registrars within 30 days.

Petitions must be sent on in 15 days to the alien-labour panel which will send its comments to the minister, who in turn must hand down a final ruling within 30 days.

"We have a duty to ensure convenience, create incomes and jobs and bring new technology to the country,'' said Mr Dej.

"Foreigners can work here on a one-year basis and must have their permits renewed before they expire. They will pay no more than 1,000 baht in fees a year.''

To be eligible, foreigners must do one of the following:

- Serve workplaces with registered capital of at least two million baht. One foreigner can be hired for every two million baht of capital.

- Serve workplaces which have paid taxes of at least five million baht in the past three years. One foreigner can be hired for every five million baht in tax.

- Serve export firms which bring in foreign currency of at least three million baht a year. One foreigner can be hired for every three million baht in income, up to a maximum of three foreigners.

- Serve workplaces which employ no more than five foreign workers, where the firm observes a ratio of 50 Thai workers for every one foreigner.

- Pay at least 18,000 baht in personal income tax in the past year.

Foreigners who have not worked here before must produce documents from potential employers confirming they will be paid at least 30,000 baht if they are single and 45,000 baht each if they are married.

However, the Employment Department head is empowered to issue or renew work permits without taking tax payments into account in exceptional categories, where the foreigners must be either:

- International trade representatives who audit product quality, purchases and market status.

- Advisers in investment, management, technology or internal auditing.

- Tourism workers bringing foreigners to Thailand for tours

- Working at international financial institutes endorsed by the Bank of Thailand.

- Working on a temporary basis for entertainment, religious, social welfare, cultural and sporting businesses which pay taxes to the state.

- Working as a contractor on projects for state agencies or public enterprises

- Working with local raw materials

- Working in areas where there is a shortage of Thai labour.

- Married to Thai citizens with decent jobs.

Foreigners wanting to take urgent jobs in Thailand must contact the Employment Department for consent.

Related link:

New work permit rules, May 2002

Backlash against easier work permits (text from Phuket Gazette, sep 2002)

PHUKET: Just when foreigners in Thailand were basking in a relaxation in the rules on work permits, a Member of Parliament has once again clouded the skies by suggesting a monstrous rise in the fees for an initial work permit, from the current 300 baht to as much as 300,000 baht. The astonishing announcement was made today at a packed meeting convened by the Phuket Chamber of Commerce.

Khon Kaen MP Premsak Pearyura, Chairman of the Parliamentary Committee on Labor, said that 300 baht was a very small amount for a foreigner to pay, especially if converted into US dollars or Euros. The government should charge more than this to stop foreigners grabbing jobs from Thais. The [initial] work permit fee should bring in more revenue for Thailand. It should be 30,000 or 300,000 baht.

He also criticized the new qualification that allows a company to get one work permit for every 2 million baht of paid-up capital. Two million baht is a small amount. The government should consult the public about whether the figure should be raised, and by how much. Most of the foreigners are small investors who take work from Thais. We should have big investors who don�t negatively affect Thais, said MP Premsak.

His views were met with overwhelming support from the 150 people at the meeting, drawn from membership of the Chamber of Commerce; the Phuket Tourism Association; the Thai Hotels Association, Southern Chapter; the Phuket Guide Association and the Phuket Chapter of the Federation of Thai Industries. A press release swiftly released by the Chamber after the meeting also stated opposition by the Phuket private sector to the qualification that allows foreigners to get work permits on the strength of having paid 18,000 baht in income tax in the previous year.

This is too low. It does not add value to the economy, the release stated. It also criticized the new rule that work permits must be issued within seven days to foreigners who qualify. This is not long enough to check the foreigner comprehensively. The result of this is that it is easier for foreigners who damage Thai culture, and who want to grab profit and build a power base, to get work permits. MP Premsak said, We will see Thai unemployment soaring, like in Argentina. I don't want to see this happen to Thai people, he added, turning to Department of Employment Deputy Director-General Songsak Tantayothin sitting next to him on the podium.

Don't open Thailand too wide for foreign workers; that would mean the end of Thailand. K. Songsak replied that he was grateful for this opportunity to hear people's opinions, which he would relay to the Ministry. If there are problems we can make adjustments. Not all foreigners are evil. There are many who support us and do good things. We should accept these good things from them.

 


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