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STEP 2: OBTAINING A WORK PERMIT
 EMPLOYEE
has to provide the following documents:
1. |
Copy of Passport (front page with picture, identity
page, signature, Non-immigrant visa, and arrival stamp. Each page
must be certified true copies by the Applicant). |
2. |
Non-Immigrant Visa, and current entry stamp |
3. |
Departure Card TM.6 |
4. |
Certificates of Education Background (certified copy)* |
5. |
Transcript (certified copy)* |
6. |
Professional certificates or licenses held by Applicant (certified
copy) * |
7. |
CV or Resume – shown the Applicant’s educational qualifications,
and described in detail about the Applicant’s work experiences, duties,
performance, length and place of employment. |
8. |
Three (3) Photos of size 5 × 6.5 cm. (2”× 2.5”), full faced, bared-headed,
wearing business attire (no hat and some jurisdictions require suit
and tie), black and white or color photographs and taken within six
(6) months prior to the date of submitting application. |
9. |
Marriage Certificate (if married to Thai Nationality). In addition,
the Applicant need to provide the original and photocopies of Thai
Identification card of wife or husband, birth certificates of children,
and household registration. |
10. |
A recent Medical Certificate from a first-class licensed physician
in Thailand stating that the Applicant is not of unsound mind and
not suffering from leprosy, acute tuberculosis, elephantiasis, narcotic
addition or habitual alcoholism. |
| *Remark |
Thai government officials may require
these documents to be certified by the Applicant country’s Embassy
(this requires you to bring your license or certificate to the Embassy
to declare that it is a true and original document. It will be charged
for certification process by the Embassy. All documents in foreign
language require to be translated into Thai language and certified
a true and original document by the Applicant’s country Embassy
before applying. |
EMPLOYER
has to provide the following documents:
| 1. |
Company Registration Certificate issued by the Ministry
of Commerce, showing that the organization for which the Applicant
is going to work has been duly registered as a juristic person, giving
the name of the Managing Director and/or Director, and its objections
and registered capital.* |
| 2. |
A copy of Company Shareholders list of the Applicant’s prospective
employer certified as correct by the Ministry of Commerce.* |
| 3. |
A copy of Factory License (if required), and/or license to operate
a factory issued by Factory Department, Ministry of Industry.* |
| 4. |
A copy of Certificate of Value added tax (VAT) – Phor Phor 20,
or application for VAT registration (Phor.Phor. 01) |
| 5. |
A copy of Company Withholding Tax – Phor Ngor Dor 1 for the previous
three (3) months (for renewing work permit after one year).* |
| *Remark: |
Thai government officials require
that all documents must have been affixed the company seal (if any)
and sign to certify true copies by the authorized Director(s) next
to the seal on every page. In addition, government officials have
in past requested official copies of registration, shareholder,
licenses and certificates to have been issued by their respective
agencies within three (3) months. |
Factors
to be aware of:
| 1. |
The Applicant must enter Thailand with a Non-Immigrant
visa, prior to the date of work permit application is submitted, and
the day it is picked up; exception of applying by the prospective
employer. |
| 2. |
Work permit will be expired on the same date as the
entry permit you use to pick up your work permit. This generally means
that your first work permit – if issuance against a ninety (90) day
entry permission of staying, and will have only ten (10) weeks validity,
once issued. Most clients will need to use work permit to apply for
extended entry permit – and once that entry permit extension is issued,
apply for a renewed work permit whose expiration date matches the
new entry permit. |
| 3. |
Each work permit issued to a foreigner need to be sponsor
by the limited company registered under the laws of Thailand which
have a minimum of two (2) million Baht capitalization, and in a minimum
of four (4) Thai employees. For a start-up company, it is sometimes
possible to obtain a work permit for purposes of opening a bank account
without meeting all requirements, but obtaining later work permit
renewals generally requires that qualifying criteria be met. If a
company has four (4) Thai employees, plus two (2) million Baht paid-in
capital for each work permit requested, it is normally very easy to
obtain a work permit. |
| 4. |
To satisfy new rules upcoming, monthly salary of work
permit holders generally needs to be in a minimum of sixty thousand
(60,000) Baht (you must be paying monthly personal income tax on the
minimum of this amount). |
| *Remark: |
During the work permit process
you must not let your visa expire, otherwise The Department of Employment’s
system links the Non-Immigrant visa (“extension of stay”) you listed
on your application to the work permit paperwork. A typical time
frame for approval of the work permit for a company of two (2) million
Baht registered capital is approximately ten to fifteen (10-15)
business days in Bangkok and up to two (2) months in Phuket. BOI
approved companies can enjoy about three (3) hour processing times
at the One Stop Service Center. The Department of Employment will
issue a receipt stating your return date for receiving your work
permit book. |
Getting
an approval Work Permit
A job description is often the determining factor in
the approval or denial of a work permit. Unless the written job description
requires skills that a Thai is not likely to possess, the application
will not be approved. Our licensed lawyers are skilled in writing professional
and accurate job descriptions in order for you to gain quick approval.
The Department of Employment often seems to want to reduce the number
of permits actually issued to help demonstrate that they are protecting
Thai jobs. Therefore if your company applies for three permits, they may
only approve one or possibly two. You need professional help in ensure
all of your applications will have a successful outcome.
Do
not let VISA expire while waiting for Approval Work Permit
Once the work permit Application had been submitted,
the Applicant must not let visa expire. The systems of the Department
of Employment of Ministry of Labour links to the Non-Immigrant visa
which listed on the Applicant’s application to the work permit paperwork.
Even if, the applicant has a Double-Entry or Multiple-Entry visa,
the Applicant cannot go out again without invalidated of the work
permit papers. If the Applicant does have to go abroad and return
on the same visa, he must get a Re-Entry permit from the Immigration
Bureau. The Re-Entry permit, like a work permit, is valid until
the expiration date of the Applicant’s visa.
In case of the Applicant cannot get an approval
of work permit prior to the expiration date of visa, the Applicant
may apply for an extension of stay in Thailand at the Immigration
Bureau, which the officer may allow the Applicant to extend of staying
in Thailand for seven (7) to fifteen (15) days (it is a stamp that
says your application is “under consideration”). Do not forget to
bring a receipt of work permit application for this purpose.
|
|
Signature
on the Work Permit
After the work permit has been approved by the Department
of Employment of the Ministry of Labor and Social Welfare, the Applicant
must appear in person at the Department of Employment upon its approval,
together with a valid passport and have a signature on the work permit
book in the presence of the Department of Employment officer. The Department
of Employment will put an official stamp at the back of passport at the
time of receipt.
Special
Cases
During the consideration of the Department of Employment
for work permit application, the Applicant may not begin to work until
the work permit has been issued, the Alien Employment Act does provide
special treatment in the following circumstances:
 |
Urgent and Essential Work
Exemption from work permit requirements is granted
to foreigners who enter the Kingdom of Thailand temporarily, but
in accordance with the Immigration Law, to perform any work of any
"Urgent and Essential Nature" for a period not exceeding
fifteen (15) days. However, such foreigners may engage in work only
after a written notification on a prescribed form, signed by the
foreign and endorsed by his employer, has been submitted to and
accepted by the Director-General or his designee.
Foreigners entitled to this treatment may enter
Thailand with any kind of visa, including a Tourist or Transit visa.
The term "Urgent and Essential Work" is not explicitly
defined and consequently, the issuance of this sort of exemption
is a matter of administrative discretion.
|
|
Investment Promotion
Foreigners seeking permission to work in the Kingdom
of Thailand under the Investment Promotion Law must submit their
applications for a work permit within thirty (30) days of notification
by the Board of Investment (BOI) that their positions have been
approved. A foreigner in this category may engage in authorized
work while the application is being processed.
|
Restrictions
of Work Permit
|
The work permit once approved allows the Applicant
to perform any function of works at the noted company and location
described in the Applicant’s work permit only. Employers must report
any change in employment, transfers, or termination of all foreigners
in their organization within fifteen (15) days of such actions pursuant
to rule of Department of Employment. In cases of dismissal, foreigners
must return their work permits to Department of Employment. Failure
to do so will result in a fine of up to one thousand (1,000) Baht.
Foreigners who engage in any work without obtaining
a work permit, or violation of these regulations of their works
as stipulated in their permits, may be punished by a term of imprisonment
not exceeding three (3) months or a fine of up to 5,000 Baht, or
both penalties. Foreigners engaged in work prohibited to them by
Royal Decree (as listed in the "Restricted Occupations")
shall be liable to imprisonment for a term not exceeding five (5)
years or a fine of two thousand (2,000) Baht up to one hundred thousand
(100,000) Baht, or both penalties.
|
An employer who permits a foreigner to work in organization
without a work permit or to act in violation of the nature of the work
specified in the permit may be punished with imprisonment not exceeding
three (3) years or fined up to sixty thousand (60,000) Baht or both penalties.
Permit holders must obtain prior permission to change
their occupation and/or place of work. Changing of employer location or
the residential address of the permit holder must be properly endorsed
in the work permit by the Department of Employment. The Alien Employment
Act does not prevent an alien from engaging in work in more than one field
or for more than one employer.
Validity
of Work Permit
|
A work permit is issued for one (1) year period and
may be renewed every year thereafter. |
|
If the duration of employment of a foreigner is less than one (1)
year, a work permit will be granted for not longer than the period
requested. |
|
An authorized official may grant a work permit to a foreigner in
the Kingdom of Thailand according to the necessity of work, but will
not be longer than one (1) year. |
|
The validity of a work permit will not be permitted exceeding the
validity date of the VISA "Permission of Stay" |
|
An application for renewal of a work permit must be submitted before
the expiration date of a valid work permit, otherwise he needs to
prepare another completed application for applying a new work permit.
Please remark the expiration date on calendar for your reminder. |
The validity period of a work permit is governed by the
holder's immigration status, i.e. a work permit usually expires on the
last day of the period of stay allowed by immigration officials as shown
on your passport. Foreigners holding “Transit” or “Tourist” visas do not
allowed to work.
Work permit initially will be valid only for the period
of the Non-Immigrant visa permits you to remain in Thailand under the
Immigration law. The work permit will be subject to renewal in accordance
with the renewed or extended visa. For foreigners who are holders of a
Thai Certificate of Residence, and/or the work permit can be renewed annually.
The Department of Employment, subject to subsequent renewal, will in principle
grant an initial duration of one (1) year renewal of work permit. The
work permit must be renewed before its expiration date or it will automatically
lapse.
Right
to Appeal
If a work permit has not been granted, not extended,
or is not allowed for changing of work and/or location; the Applicant
is entitled to appeal to the Minister of Labour and Social Welfare within
thirty (30) days after being informed of the denial. A decision will be
rendered within sixty (60) days.
Contact
Address:
| Bangkok: |
Office of Foreign Workers Administration
Department of Employment, Ministry of Labour and Social Welfare
Mit-Maitree Road, Dindaeng, Bangkok 10400, Thailand
Tel: 02-245-2745
|
| |
One Stop Service Center for Visa and Work
Permit
Department of Employment
3rd Floor, Krisada Plaza Building, 207 Ratchadapisek Road, Kwaeng
Dindaeng, Khet Huaykwang, Bangkok 10400, Thailand
|
Regional
Office:
Please check the location via this website http://www.doe.go.th/workpermit/index.html
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