BACKGROUND: This type of work permit will be issued to applicants who wish to apply for business under Thai jurisperson:

• Business must have a registered paid-up capital not less than 2 million Baht (one alien for every 2 million Baht)
• not be restricted person
• not prohibited occupation
• Must have Non-Immigrant Visa

WORK PERMIT APPLICATION

“SKILL AND PROFESSION”

(Refer to wp.doe.go.th and http://immigration.go.th/FAQs/)

How to apply for Work Permit

A foreigner who wishes to apply for a work permit must receive a Non-Immigrant-B visa to live in the Kingdom of Thailand. A foreigner should have employer’s documents plus employment contract in order to submit a Non-Immigrant-B visa at a Royal Thai Embassy. And then a foreigner enters to Thailand have to apply for Work Permit by means of applying “WP.1”.

In case when a Royal Thai Embassy considers that employer’s documents is not enough, an approval letter from Ministry Of Labour will be required. So the employer applies for a work permit for prospective foreigner employees by means of applying “WP.3”. In case the employer receives an approval letter of Work Permit, employer sends the letter to foreigner in order to apply for a Non-Immigrant-B visa at the Royal Thai Embassy. Then the foreigner has to enter to the Kingdom in order to apply for a Work Permit with documents which specified in the letter within 30 days from the day of picking up the approval letter.

However, a foreigner who has a Certificate of Permanent Residence and Certificate of Alien apply for Work Permit by means of applying “WP.1”. A Non-Immigrant-B visa is not required.

Qualifications of foreigner for Work Permit application

1. Having the knowledge and/or skills to perform the work as stated in the application for a Work Permit.

2. Not being insane or mentally sick, suffering from Leprosy, Tuberculosis, Drug Addiction, Alcoholism, Elephantitus and third stage of Syphilis.

3. Never having been imprisoned for violation of the Immigration Law or the Working of Foreign Act at least one year prior to the date of application.

Foreigner must not work in occupation and profession which prohibits a foreigner to engage as the following:

1.1 Manual work

1.2 Work in agriculture, animal husbandry, forestry or fishery excluding specialized work in each particular branch or farm supervision

1.3 Bricklaying, carpentry or other construction works

1.4 Wood carving

1.5 Driving mechanically propelled carried or driving non-mechanically-propelled vehicle, excluding international aircraft piloting

1.6 Shop attendance

1.7 Auction

1.8 Supervising, auditing or giving service in accountancy excluding internal auditing on occasions

1.9 Cutting or polishing jewelry

1.10 Haircutting, hairdressing or beauty treatment

1.11 Cloth weaving by hand

1.12 Weaving of mate or making products from reeds, rattan, hemp, straw or bamboo pellicle

1.13 Making of Sa paper by hand

1.14 Lacquer ware making

1.15 Making of Thai musical instruments

1.16 Niello ware making

1.17 Making of products from gold, silver or gold-copper alloy

1.18 Bronze ware making

1.19 Making of Thai dolls

1.20 Making of mattress or quilt blanket

1.21 Alms bowls casting

1.22 Making of silk products by hand

1.23 Casting of Buddha images

1.24 Knife making

1.25 Making of paper of cloth umbrella

1.26 Shoemaking

1.27 Hat-making

1.28 Brokerage or agency excluding brokerage or agency in international trade business

1.29 Engineering work in civil engineering branch concerning designing and calculation, organization, research, planning, testing, construction supervision or advising excluding specialized work

1.30 Architectural work concerning designing, drawing of plan, estimating, construction directing or advising

1.31 Garments-making

1.32 Pottery or ceramic ware making

1.33 Cigarette making by hand

1.34 Guide or conducting sightseeing tours

1.35 Street vending

1.36 Type-setting of Thai characters by hand

1.37 Drawing and twisting silk-thread by hand

1.38 Office or secretarial work

1.39 Legal or lawsuit services

Criteria for consideration for Work Permission

1. The national security of the country in views of politic, religion, economy, and society.

2. The occupational opportunity of Thais and the demand of foreign workers as necessary for the country development.

3. The benefits from granting work permission in particular occupations to foreigners, such as large amount of foreign currencies brought by foreign investors for investment and spend in Thailand, employment opportunities for a number of Thais, and skill enhancement of Thais which acquired from technology transferring by foreigners.

Criteria prescribing number of Work Permit issuance

1. The employers whose business has a registered paid-up capital of not less than 2 million baht. Work Permit shall be issued to an alien worker for every two-million baht investment /or the overseas registered employers who perform business in Thailand with an investment of capital from overseas of not less than 3 million Baht; Work Permit shall be issued to an alien worker for every three-million Baht investment. For the aliens who are married to Thai nationals and have a marriage certificate and cohabit as husband or wife, the amount of investment capital required in order to receive a Work Permit shall be reduced to half of the amount prescribed above. The number of alien workers to be granted Work Permit shall not be more than ten people. The employers whose business has a registered paid-up capital of not less than 2 million baht. Work Permit shall be issued to an alien worker for every two-million baht investment /or the overseas registered employers who perform business in Thailand with an investment of capital from overseas of not less than 3 million Baht; Work Permit shall be issued to an alien worker for every three-million Baht investment. For the aliens who are married to Thai nationals and have a marriage certificate and cohabit as husband or wife, the amount of investment capital required in order to receive a Work Permit shall be reduced to half of the amount prescribed above. The number of alien workers to be granted Work Permit shall not be more than ten people. /OR

2. The employers whose business have paid up capital of minimum 2 million Baht /or the employers who have overseas registered and perform the business in the Kingdom with not less than 3 million Baht of overseas capital, which have the below qualifications, the number of alien workers are granted as necessity and suitability:

(a) Alien workers who can use technology which Thai nationals cannot perform or where there is a shortage of Thai worker. However, there shall be a technology transfer to at least 2 Thai nationals with the time limit.

(b) Alien workers who possess expertise to accomplish the work in a limited timeframe project.

(c) Alien workers who work in entertainment business with a temporary contract.

(d) Paying tax revenue at least 3 million Baht in previous year.

(e) Performing export business and bringing foreign currencies into Thailand at least 30 million Baht in previous year.

(f) Performing tourism business which brought at least 5,000 foreign tourists into Thailand in previous year.

(g) Employing at least 100 Thai workers. /OR

3. The alien work for a foundation, association or other nonprofit organizations, which create benefits to society as a whole. /OR

4. For the aliens who work with and have certified letters from central or regional or local government offices, state enterprises and public organizations under Public Organization Act which identifies name, position and duration of work. /OR

5. Others which is defined in the Criteria for the Consideration for Work Permit Issuance B.E.2552

 

Remark the minimum salary requirements prescribed by the Immigration Rule shall be included in consideration.

Validity of Work Permit

1. A Work Permit is issued for 2 year period and may be renewed every two year thereafter

2. An authorized official may grant a work period according to the necessity of work, but for not later than 2 year

 

Work Permit renewal

The Work Permit holder whose Work Permit is going to expire but wish to continue work as stated in the Work Permit. The renewal application should be submitted before the expiry date of Work Permit by means of “WP.5”. “The expired Work Permit is unable to renew”

Changing / adding work or workplace or locality of work

The Work Permit holder who remains work in the same employer wishes to change/add work or workplace or locality of work are as the following:

- Change/add place of work in the present employer submit “WP.6”

- Change/add job description in the present employer Or add new employer submit “WP.6”

 

Changing employer

The Work Permit holder has to notify the Immigration Bureau of such change and request to continue for staying in Thailand or the foreign worker has to travel out of the Kingdom of Thailand in order to apply for a new non-immigrant visa from Royal Thai

Embassy abroad. After entering to the Kingdom, then apply for a new Work Permit “WP.1” before the expiry date of visa.

The Work Permit holder require for changing name – surname, nationality, signature, and address /or company/enterprise change any information according to the government declaration, and addition of type of business. After the application completed, the process will finish within 3 working days. Applicant should submit “APPLICATION FOR CHANGING ITEMS IN WORK PERMIT”.

In case of Work Permit damage or lost

Work Permit is materially damaged or lost. The Work Permit holders must apply for a substitute Permit within 15 days from the day of the knowledge of such damage or lost by means of “WP.4”.

Informing to engage in the work which is of necessity and urgency

Foreigner workers who enter the kingdom of Thailand to engage in the work, which is of necessity or urgency for the period not longer than 15 days, should notify “WP.10”. However, that work must exceedingly necessary and urgent as if there will be the serious problem, if it could not to be done immediately. And that work could be finished within a period of 15 days. Remark it can not to be renewed.

 

PALCE TO CONTACT

- An enterprise located in Bangkok, contact the Office of Foreign Workers Administration 2nd Floor, Department of Employment, Ministry Of Labour, Mitr-maitri Road, Din Daeng, Bangkok

- An enterprise located in other province, contact the Provincial Employment Office in the province that the enterprise located.

RATE OF FEE

(1) An application form 100 Baht/form

(2) A Work Permit

(a) valid for not exceed 3 months 750 Baht/book

(b) valid for 3 – 6 months 1,500 Baht/book

(c) valid for 6 months – 1 year 3,000 Baht/book

(3) A Work Permit renewal / a working period extension

(a) renewal/extension for not exceed 3 months 750 Baht/book

(b) renewal/extension for 3 – 6 months 1,500 Baht/book

(c) renewal/extension for 6 months – 1 year 3,000 Baht/book

(4) Substitute of a Work Permit 500 Baht/book

(5) Permission to change or add job description 1,000 Baht/time

(6) Permission to change or add employer 3,000 Baht/time

(7) Permission to change or add the locality or workplace 1,000 Baht/time

(8) Permission to change or add conditions 150 Baht/time

 

Restriction on Work Permit

1. Alien must keep the Work Permit on himself or at the place of work during working hours.

2. In case the foreign worker change the employer, he/she has to notify the Immigration Bureau of such change and request to continue for staying in Thailand with the new employer or the foreign worker has to travel out of the Kingdom of Thailand in order to apply for a new non-immigrant visa from Royal Thai Embassy abroad. After entering to the Kingdom, then apply for a new Work Permit (Form WP.1) before the expiry date of visa.

3. Alien must perform to work in a job which is permitted in the Work Permit. If a holder needs to work for the other job or location or work place, a holder must be permitted by the Registrar before working. Whoever abuses the Law will be imprisoned not exceeding five years or fined or both.

4. Work Permit must be extended before expiry. The expired permits cannot be extended.

5. Changing name, surname, nationality and address of applicant or name of company/enterprise must notify to the registrar immediately.

6. The employer is not allowed to employ the foreigner worker who does not have the Work Permit or employ them to engage in the work that its job description or condition is different from the job description or condition specified in the Work Permit. The violator shall be liable to be fine not exceeding 100,000 Baht.

The minimum salary requirements prescribed by the Immigration Rule were updated on November 25, 2008 and are:

Australia , Canada, Europe (except Russia), Japan, USA	50,000 baht/month
Hong Kong , Singapore, South Korea, Taiwan	45,000 baht/month
Other Asian Countries not listed, Central and South America, eastern Europe, Mexico, Turkey, Russia, South Africa	35,000 baht/month
Africa (except South Africa), Burma, Cambodia, Laos, Vietnam	25,000 baht/month

ALIEN : a natural person who is not of Thai nationality / citizenship.
WORK : the engagement in work by exerting energy or using knowledge for purpose of obtaining wages or other benefits.

ALIENS WHO ARE NOT IN THE KINGDOM OF THAILAND BUT WISH TO WORK IN THE KINGDOM MUST COMPLY WITH THE FOLLOWING:
1. Contact a Royal Thai Embassy or Consulate in you country for advice and recommendation for Granting a non-immigrant VISA.
2. Employers in Thailand may apply for a work permit for prospective alien employees who wish to work in the kingdom. After the work permit has been granted the alien may enter Thailand to receive the work permit and then start working.

ALIENS WHO ARE IN THE KINGDOM OF THAILAND AND WISH TO WORK IN THE KINGDOM MUST
COMPLY WITH THE FOLLOWING:
1. An alien who wishes to apply for a work permit under the Board of Investment (BOI) law or other similar commercial laws must file an application for a work permit within 30 days from the date he/she is allowed to work under such law.
CRIMINAL PENALTY : Any violation thereof shall be liable to pay a fine not exceeding one thousand Baht.
2. An alien who lives in the Kingdom or receives a non - immigrant VISA to live in the Kingdom can work in Thailand after having received a work permit.
CRIMINAL PENALTY : Any violation thereof shall make the employee liable for imprisonment not exceeding three months, to pay a fine not exceeding five thousand Baht, or both penalties.
3. An alien who performs work that is proscribed by the Royal decree B.E. 2522(1979) which prohibits alien employment in certain occupations and professions is liable to be imprisoned not exceeding five years, will be fined from 2,000 to 100,000 Baht or both penalties.

QUALIFICATIONS OF AN ALIEN ENTITLED TO APPLY FOR A WORK PERMIT
1. Having residence in the Kingdom or having permission to stay in the kingdom temporarily under immigration law (i.e not simply as a tourist or transit - traveller)
2. Not applying for work in any of the 39 reserved occupations ( as a stated in the Royal Decree. B.E.2522).
3. Having the knowledge and/or skills to perform the work as stated in the application for a work permit.
4. Not being insane or mentally sick.
5. Not being sick of leprosy, tuberculosis, drug addiction, alcoholism, and eephantitus.
6. Not having been imprisoned due to a violation of an immigration law or an alien working law within one year of applying for work permit.

VALIDITY OF WORK PERMIT
1. A work permit is issued for one year period and may be renewed every year thereafter
2. If the duration of employment of an alien is less than one year, a work permit will be granted for not longer than the period requested
3. An authorized official may grant a work permit to an alien in the Kingdom according to the necessity of work, but for not longer than one year.
4. The validity of a work permit will not exceed the validity date of the VISA "permit to stay"
5. An application for renewal of a work permit must be submitted before the expiration date of a valid work permit. If a work permit has expired, another application must be completed for a new work permit.

RATE OF GOVERNMENT FEES FOR WORK PERMIT
1. 750 Baht = not longer than three months.
2. 1,500 Baht = longer than three months but does not exceed six months.
3. 3,000 Baht = longer than six months but does not exceed one year.
4. For a work permit which is longer than one year, the fee will be increased for the period exceeding one year at the rate shown in items 1,2 and 3 above.

RIGHT TO APPEAL
If a work permit is not granted, not extended, or is not allowed for a change of work and/or location;
the applicant is entitled to appeal to the Minister of Labour and Social Welfare within 30 days after
being informed of the denial. A decision will be rendered within 60 days.

PLACES TO CONTACT
Bangkok :
Office  of   Foreign   Workers   Administration
Department  of  Employment        Ministry  of  Labour
Mit - Maitree Road , Dindaeng        Bangkok  10400
Tel. : 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

Regional Office :
a  Provincial  Employment  Office  in  the  respective  province

• Copies of Passport with Non-Immigration Visa (Non-B)
• Evidence of Educational qualification and Experience
• Recent medical certificate
• 3 Photos 3 x 4 cm (6 months)
• Copy of Incorporate Ceritficate
• Copy of List of Shareholders
• Copy of Balance sheet
• Application Form
  

INCASE OF EXECUTIVES OR EXPERTS OBTAINED PRIVILEGES ACCORDING TO OTHER LAWS AS FOLLOWS

• Investment Promotion Act B..E.2520 (1977)
• Petroleum Act B.E. 2514 (1971)
• Industrial Estate Authority Of Thailand Act B.E.2520(1977)

USE THE FOLLOWING DOCUMENTS AND EVIDENCES:
           1. the application form (tor. thor.1) and 3 photographs; frontview. of 5x6 cms. in  size (taken not more than 6 months.)
           2. a passport with 1 copy of all pages showing the valid visa as required by other    laws.
           3. a copy of the company' s affidavit. ( certificate of incorporation) issued by the department of commercial registration not longer than 6 months
           4. the letter approving the applicant to work according to other laws.
               - letter from b.o.i.
               - letter from the industrial estate authority of thailand
               - letter from the department of mineral resoures
           5. an official form for notification of commencement of work (tor. thor. 10 ),  attached with a copy of the power of attorney (the employer or grantor),  affixed with 10 bath stamp duty.           
REMARKS
           1. if the company's director who signs on the work permit application is “alien” and  works in thailand ,a copy of his work permit must be also provided, if the said alien director, who signs on the work permit application, does not work in   thailand , he must provide a power of attorney must be otarized by a notary  public.
           2. in case of having a branch office, a factory and a hotel, the evidence of the  location of the branch office, the factory operating license and the   hotel  operating license must be also provided.
           3. the company's seal must be affixed (if any) when the authorized director signs in the application form and all documents.
           4. in applying for the alien's work permit the applicant must have the place of work or the office in bangkok (according to the ministerial regulation  (b.e.2522) issued under the working of aliens act b.e.2521

For the purpose of work permit issuance pursuant to section 7 and section 8 of Working of Aliens Act B.E. 2521 consistent with Rule of Department of Employment on the Criteria for the Consideration for Work Permit Issuance shall be prescribed.

By the virtue of section 32 of the Act of Organization of State Administration B.E. 2534 as amended by the Act of Organization of State Administration (No. 5) B.E. 2545, the Director-General of the Department of Employment set the following rules

No. 1 : This Rule shall be called “Rule of Department of Employment on the Criteria for the Consideration for Work Permit Issuance B.E. 2547

No. 2 : This Rule shall come into force on 8 October B.E. 2547

No. 3 : The following shall be repealed:

(1) Rule of Department of Employment on the Consideration Criteria and Conditions for Work Permit Issuance B.E. 2545 issued on 22 May B.E. 2545

(2) Rule of Department of Employment on the Consideration Criteria and Conditions for Work Permit Issuance (No. 2) B.E. 2545 issued on 11 July B.E. 2545

(3) Rule of Department of Employment on the Consideration Criteria and Conditions for Work Permit Issuance (No. 3) B.E. 2547 issued on 5 February B.E. 2546

No. 4 : The consideration for work permit issuance pursuant to section 7 and 8 shall be made in a necessary and appropriate manner, taking into account:

(1) Political, religious, and social security of the Kingdom.

(2) The protection of Thai nationals over aliens in the occupations for which Thai nationals have adequate skills and there is no shortage of labour in the occupations.

(3) The employment of the aliens shall bring about a large amount of foreign currencies for investment or expenses in the Kingdom, and shall generate employment of Thai nationals in a large number, or in case where modern and advanced technology is required, bring about technology transfer to Thai nationals.

(4) Skill development of Thai nationals shall be derived from technology or knowledge transferred, or the understanding of how to operate modern machines and tools by such aliens.

(5) Humanitarian reasons.

No 5 : Work permit for the aliens mentioned in No. 4 shall be issued according to the following criteria:

(1) For the aliens who work with and have certified letters from financial institutions under the supervision of Bank of Thailand or Ministry of Finance or other government offices taking responsibility in financial institutions supervision, the number of such aliens to be granted a work permit shall be as identified in the certified letters.

(2) For the aliens who have certified letters from central or regional or local government offices, state enterprises and public organizations under Public Organization Act which identifies name, position and duration of work.

(3) For the alien workers who work with the employers whose business have a registered paid-up capital of not less than 2 million baht. Work permit shall be issued to an alien worker for every two-million baht investment or for the aliens who work with the overseas registered employers who perform business in Thailand with an investment of capital from overseas of not less than 3 million baht; work permit shall be issued to an alien worker for every three-million baht investment. Or for the aliens who work with the overseas registered enterprises which perform their business in Thailand before 30 October B.E. 2545, but have no document identifying their capital transferred from overseas. In such case their statement of account of the recent 6 months shall be considered and work permit shall be issued to an alien worker for every three-million baht investment. For the aliens who are married to Thai nationals and have a marriage certificate and cohabit as husband or wife, the amount of investment capital required in order to receive a work permit shall be reduced to half of the amount prescribed above. The number of alien workers to be granted work permit shall not be more than ten people. However, the number of alien workers to receive work permit shall not be more than 10 unless it falls under the following situations:

(a) Working with the employers who paid revenue tax of a recent year of not less than 3 million baht.

(b) Working with the employers who perform export business and bring about foreign currencies into Thailand of minimum 30 million baht in a recent year.

(c) Working with the employers in tourism business, which bring not less than 5,000 foreign tourists into Thailand in a recent year.

(d) Working with the employers who employ not less than 100 Thai workers.

(4) For the aliens who work with the employers whose business have paid up capital of minimum 2 million baht or work with the employers who have overseas registered and perform the business in the Kingdom with not less than 3 million baht of overseas capital, the said criteria about the limit on the number of aliens to be granted work permit as prescribed in No. 5 (3) shall not apply to the following:

(a) Alien workers who can use technology which Thai nationals cannot perform or where there is a shortage of Thai worker. However, there shall be a technology transfer to at least 2 Thai nationals with the time limit.

(b) Alien workers who possess expertise to accomplish the work in a limited timeframe project.

(c) Alien workers who work in entertainment business with a temporary contract.

(5) The aliens who work in a foundation, association or other nonprofit organizations, which create benefits to society as a whole, are exempt from the prescription of No. 5 (3).

(6) The aliens who work in representative offices of foreign international-trading businesses set up to give recommendations on merchandise the head office distributes to dealers or customers, publicize information about merchandise or new services of the head office, report the head office about business movement in Thailand to not more than 2 persons in the head office. The aliens who perform the duty in Thailand for marketing supply or service supply for their head offices, or perform the duty in quality and quantity controlling of products made in Thailand for their head office shall be permitted to work in such position in such business for not more than five persons. However, this criteria is not prescribed to representative offices which can provide a procurement or service in Thailand for their head office and that head office had ordered such goods or service from manufacturer in Thailand in a recent year for the value of not less than 100 million baht.

(7) The aliens who work in regional offices which are established under the laws of country and perform a business in another country, to perform the work as a representative of the head office in providing the services for example, business coordination and supervision to the branch or the companies in their group of companies which are located in the region, consultant or human resources development training services, financial management, marketing management and sale promotion planing, production development, and research and development without getting any income from such services other than receiving the payment from the head office, and with no authority to buy or sell or do any trading business with any person or legal person in a country where such representative offices are located, such aliens shall be permitted to work in that representative office not more than five persons. However, representative offices, which bring more than 10 million baht into Thailand for their expenses in a recent year, are exempt from the above-mentioned criteria.

No 6 : The consideration of work permit issuance according to No.4 to the aliens whose employers are natural persons and not possess any qualification as specified in No. 5, shall be subject to the following criteria:

(1) For the aliens who work with the employers whose business generates income in the past or present year. The work permit will be issued to an alien worker for every 700,000 baht income but the total number of aliens to be granted work permit shall not be more than three persons.

(2) For the aliens who work with the employers who paid tax in the past year. The work permit will be issued to an alien worker for every 50,000 baht income but the total number of aliens to be granted work permit shall not be more than three persons.

(3) For the aliens who work with the employers who employ four Thai workers; a work permit will be issued to an alien for every four Thai workers but the total number of aliens to be granted work permit shall not be more than three. For the aliens whose spouses are Thai nationals and having a marriage certificate, as well as cohabiting as husband and wife, the criteria prescribed in Paragraph one shall be reduced by half.

No 7 : The quota of work permit under No. 4 to be issued to the aliens who perform the works of legal or law suit services, shall be as agreed by the two parties in the following work:

(1) Arbitrator

(2) Conducting law suits in arbitration court in the case in which the applicable law is not Thai law or in case where no final judgment is requested in the Kingdom of Thailand.

No 8 : The consideration other than the above mentioned case or regulations shall be under the authority of the Director-General.

No 9 : The applications which are submitted to the competent official before the effective date of this Rule shall be under the prescription of the Rule of Department of Employment on the Consideration Criteria for Work Permit Issuance B.E. 2545 issued on 22 May B.E. 2545, the Rule of Department of Employment on the Consideration Criteria for Work Permit Issuance (No. 2) B.E. 2545 issued on 11 July B.E. 2545 and the Rule of Department of Employment on the Consideration Criteria for Work Permit Issuance (No. 3) B.E. 2546 issued on 5 February B.E. 2546.

No 10: The Director-General shall have charge and control of the execution of this Rule.

Given on the 30 th day of September B.E. 2547

Chuthatawat Indrasukhsri
(Chuthatawat Indrasukhsri) Director - General

* information from labor department

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