For foreigners planning on working in Thailand, one needs to check the procedure and process of obtaining a Thai work permit. As in any Asian countries, a non-Thai national will not be allowed to work in Thailand without the proper work permit. Applying for a work permit in Thailand is required for skilled professionals or even as a foreign employer. Working without a valid permit in Thailand may result to arrest or imprisonment, large amount legal fines and/or deportation to country of origin.
Such penalties are aimed at discouraging any foreign national from engaging in business or work without going through the process of work permit application and issuance. As a general rule, the company or business entity seeking work permit for their foreign workers or employees must have at least two million baht fully paid registered capitalization. For foreign business entities registered and operating in Thailand should have at least three million baht capitalization per foreign employee they are applying for work permit.
Thai local and foreign funded companies can have a maximum of 10 work permits for foreign workers, except for BOI-promoted companies which may be issued work permits based on project requirements and approval of the Board of Investment.
For foreign workers applying for work permit in Thailand, a non-immigrant visa should be obtained first as the initial requirement in the work permit process. The following step-by-step procedures apply with the assumption of a worker already having a nonimmigrant visa:
Submission of documents by the Employee or Worker. The following documents are required to be submitted by the applying employee:
Copies of every page of passport duly signed on every page by the employee or worker
Non immigrant visa
Departure card TM.6
Education degree, transcript and certificates or licenses held by the applicant. The worker’s embassy may be required to certify the submitted documents pertinent to education documents such as diploma or certificate, resume, transcripts or license for authenticity.
CV or Resume – with details on applicant’s past positions, work experience, duties, performance and duration and place of employment.
5 x 6 cm photos in 3 sets, with full face and taken wearing business attire (no hat, and sometimes suit and tie). Photo must have been taken within six months before the application for work permit.
Original and signed photocopies of marriage certificate if married to a Thai national, including Thai ID card of spouse, birth certificates of children and household registration.
Submission of Documents by the Sponsoring Employer. The Thai company seeking work permit for a foreign worker will have to submit the following documents with company seal stamped on every page and duly signed by authorized signatories:
Commercial Registration Department Certificate to show the legality of company sponsoring the foreign worker. Name of Managing Director and/or Director and its objections and registered capital should be provided as well.
List of Shareholders certified by the Commercial Registration Department
Factory License issued by Factory Department, Ministry of Industry
VAT Certificate – Phor Phor 20
Withholding Tax – Phor Ngor Dor 1
Processing of Work Permit. In many cases, the approval of work permit is determined by the job description for which the work permit is applied for. If said job description requires skills which is not common to Thai workers in an effort to protect the local citizens in securing employment with skills they can provide.
Signing of the approved Thai work permit will be done at the Labor Department upon release of the approved work permit.
Restrictions on approved Thai work permit. Work is only permitted at the applied company and location. A change in employer or place of work entails a new application. In case of resignation or termination, the issued work permit shall be surrendered to the Labor Department within 10 days after resignation or termination from work.
