Usually when an employer fires an employee, there are two kinds of payment that the employer is required by the Thai labor law to pay the employee for termination of employment.

1. Payment in lieu of advance notice

If an employment contract does not specify any duration, either party can terminate the contract by giving an advance notice in writing before or at the date the wage payment is due, to take effect on the following wage payment due date. If the employer terminates an employee and wants the termination to take effect right away, the employer has to pay the employee all the wages that should have been owed if the termination would take effect on the following wage payment due date. This is called payment in lieu of advance notice.

1. Severance pay

An employee terminated without a valid cause as stipulated by law is entitled to receive the following severance pay:

• 30 days’ wages where the employment period is at least 120 days but is less than one year.
• 90 days’ wages where the employment period is at least one year but is less than three years.
• 180 days’ wages where the employment period is at least three years but is less than six years.
• 240 days’ wages where the employment period is at least six years but is less than ten years.
• 300 days’ wages where the employment period is ten years or more.

Tax implication:

The payment in lieu of advance notice is considered the employee’s income from work. If the employer is a juristic person (limited partnerships, companies, etc.), which normally has to withhold tax from employees’ income, it has to include this payment to the withholding tax calculation to determine if there is any more tax to withhold from this employee.

Severance pay is tax exempt for the employee if the amount is not more than Baht 300,000 and not more than 300 days’ wages. The portion over Baht 300,000 or the portion that is more than 300 days’ wages has to be included in the withholding tax calculation by the employer.

Note for employees: If you worked for more than 5 years, when you prepare your personal income tax return of the year, you can claim more deductions on the severance pay’s portion over Baht 300,000 or the portion that is more than 300 days’ wages.

If you want to ask us questions on Thailand labor law, please visit www.msna.co.th for more information.

Today MSNA wants to discuss Annual or Paid Vacation Leave in Thailand Labour Law.

“Section 30: An employee who has worked for an uninterrupted period of one year is entitled to annual holidays (or paid vacation leave) of not less than 6 working days in one year and the employer is obliged to fix the annual holidays in advance for the employee or as agreed by the employer and the employee.

In the following years, the employer may fix the annual holidays for the employee of more than 6 working days.

The employer and the employee may agree in advance to accumulate and postpone any annual holiday that has not yet been taken in a year to be included in the following years.

For the employee who has not yet completed one year of service, the employer may set the annual holidays for the employee on a pro rata basis.”

MSNA’s notes:

– The employer can agree with the employee when he wants to take his holidays. It can be 1, 2, 3 or 4 days at a time or the whole 6 days at once. The company may have a policy that the employee has to submit the request to take his annual holidays and get the employer’s approval for how long in advance before the dates of the intended holidays.

– The number of days of paid vacation leave (annual leave) can be increased (or not) for the following years.

– The employer may choose to allow the employee to take his unused annual holidays in a particular year to roll forward to the following year.

– For the employee who has not completed one year of service, the company may choose to allow (or not) paid vacation leave on a pro rata basis.

– The employer may choose to pay the employee (or not) for the unused paid vacation leave (annual holidays).

Please visit www.msnagroup.com for more information on doing business in Thailand and Thai labor law.

Thai Labor Law prescribed different kinds of leave that an employee is entitled to.

Section 32: An employee is entitled to sick leave as long as he is actually sick. For sick leave of 3 days or more, the employer may require the employee to produce a certificate issued by a first class physician or an official medical establishment. If the employee is unable to produce such a certificate, he shall give an explanation to the employer.

If a physician is provided by the employer, the physician shall issue the certificate except where the employee cannot be examined by the physician.

The day on which an employee is unable to work on account of an injury or illness, arising out of employment or on maternity leave under section 41 shall not be regarded as sick leave under this section.

Note: The employer has to pay wages to the employee on sick leave equivalent to the wages of a working day throughout the leave period, but not more than 30 days a year.

Section 33: An employee shall be entitled to leave for sterilization and leave as a result of sterilization for a period determined and with a certificate issued by a first class physician.

Note: The employer has to pay wages to the employee on leave for sterilization equivalent to the wages of a working day throughout the leave period.

Section 34: An employee shall be entitled to leave for necessary business in accordance with the work rule of his workplace.

Section 35: An employee shall be entitled to leave for military service for inspection, military drilling or for readiness testing under the law concerning military service.

Note: The employer has to pay wages to the employee on leave for military service equivalent to the wages of a working day throughout the leave period, but not more than 60 days a year.

Section 36: An employee shall be entitled to take leave for training or the development of his knowledge and skills in accordance with the rules and procedures prescribed in the ministerial regulations.

Section 41: A female employee who is pregnant shall be entitled to maternity leave of not more than 90 days for each pregnancy.

Any leave taken under paragraph one shall include holidays during the period of leave.

Note: The employer has to pay wages to the employee on maternity leave equivalent to the wages of a working day throughout the leave period, but not more than 45 days a year.

For questions about Thai labor law, contact us at www.msnagroup.com.

Sometimes you set up a company in Thailand to handle only marketing, or servicing clients, or any other functions for the head office overseas. You do not think that the Thai operation is big enough to justify having an accounting and financial department in the Thai company. MSNA is an excellent answer to your business needs.

Some of our clients in Bangkok have their headquarters outside Thailand, with their HR, accounting and finance in Hong Kong, Singapore, the US, Australia or Europe. They have MSNA handle the payroll of their staff in Bangkok, process their vendors’ payment requests and take care of the invoicing and issuing receipts and tax invoices for their Bangkok operation.

Payroll: Usually, MSNA processes payroll calculation for the client’s employees, taking into account the allowances and deductions allowed by the Thai tax law, then sends the month’s payroll summary and detailed calculation of payroll taxes and social security to the client for approval. Then we send the data to the client’s bank to process the deposits into the employees’ accounts. With some clients, they send the money into our account for us to issue our checks to deposit into the employees’ accounts. Then we send the confidential payroll slip to each employee.

Processing vendors’ invoices: We gather all the invoices from the client’s suppliers, make sure the invoices have been approved by the client’s authorized person and prepare payment vouchers with accounts coding and withholding tax certificates for the transaction. We then send everything with supporting documents via email to the client’s finance department overseas to approve. With some clients, the clients send the money to us and we issue our checks to pay the suppliers. With others, the clients let us log on to their bank’s website to process the checks online and the authorized person overseas logs on to approve them. Later we pick up the checks from the bank and distribute them to the vendors at our office.

Invoicing and issuing receipts and tax invoices for the client: We issue invoices with the details supplied to us by the client, send them to their clients, follow up to check if the payment has been processed, then we issue receipts and tax invoices and send them to exchange for the client’s checks. We then deposit the checks into the client’s account.

Accounting service: I believe it is the most important thing that a Bangkok company with overseas headquarters needs. You need your accounts to be done in compliance with the Thai accounting standards and the Thai tax laws. Your accounts need to be signed off by a qualified and licensed Thai accountant. Also your accounts need to be audited by a Thai CPA.

For your Thai accounting needs in Bangkok, please contact www.msnagroup.com.

Foreigners doing business in Thailand need Thai accountants who speak good English to be able to communicate with them and consult with them for the best use of accounting and tax planning and avoiding costly mistakes. Because of being naive, many foreigners in Thailand trust their Thai accountants even though they cannot communicate with them efficiently. Many more just want to go the cheap way because they think accounting does not make money and they choose non English speakers for they charge lower fees. If you are a foreigner doing business in Thailand or thinking of establishing a business in Thailand, you really want to consider the popular saying; you get what you pay for. The truth is accounting and especially knowledgeable Thai accountants who speak good English can help you save a lot of money down the road especially by tax planning and making sure you pay your tax due correctly to avoid hefty but unnecessary interests and tax fines.

One of our clients just referred one of his friends to us, who has a manufacturing business in a rural area of Thailand. His company has been having tax problems with the Thai tax authority and the court has ordered the company to pay millions of Thai Baht in taxes and fines. The root of the problem is that their accountant is not knowledgeable and the client could never tell because the accountant does not speak enough English. When he found out the mistakes he made, he could not communicate the problems in English to the management who could have otherwise made better decisions on how to deal with the problems. He chose to fix things in his own way which later on proved to make the problems worse and more costly. This client will have to sell his manufacturing facilities and property to pay for the taxes and fines. The lesson learned here is that foreigners doing business in Thailand need English speaking Thai accountants as part of their successful business undertaking.

MSNA is a English speaking Thai accounting firm based in Bangkok, Thailand, who works with foreign businesses from all over the world. Our Thai accountants are knowledgeable and speak English fluently. Please contact MSNA Ltd. for accounting and tax services.

Today Thai Work Permit Expert discusses Visa for getting a work permit in Thailand.

Foreigners wanting to apply for a work permit in Thailand must enter the country with a non-immigrant “B” visa. Here are the documents you need to obtain a non-immigrant “B” visa from a Thai embassy or consulate if you are going to work for a company in Thailand.

1. One completed and signed visa application form with application fee (please check with the embassy in the country you are applying for the visa to see the current fee schedule.)
2. One recent passport-sized photograph (3.5 x 4.5cm)
3. Passport (valid for no less than 6 months)
4. Invitation letter from a company in Thailand (the letter must be typed on the company’s letter head and signed by authorized director(s) of the company) attached with these documents:

• Company’s registration documents in Thailand (or Company Affidavit)
• List of shareholders
• Business registration and business license
• Company profile
• Details of business operation
• List of foreign workers stating names, nationalities and positions
• Map indicating the location of the company
• Latest year’s audited financial statements
• Latest year’s corporate income tax return
• Latest year’s VAT returns
• Valued Added Tax registration paper
  (Copies of company documents must be signed by authorized director(s) and affixed the company seal)

Thai Business Expert is asked very often about the minimum capital to register a Thai company and whether it needs to actually be paid or not. We need to take into consideration a few factors.

If you are a foreigner, we assume that you will need a work permit to run the day-to-day operation of the Thai company, you will need at least THB 2M as the registered capital for each work permit your company will sponsor. However, if you have a Thai partner who will be the authorized director who signs to bind the company, and you will not want a work permit for any foreigner, then the capital can be as little as THB 5 per share and because a company needs at least 3 shareholders, the registered capital can be as low as THB 15. However, the fee to register a company in Thailand is the same for THB 15 capital or THB 1M.

The capital has to be at least 25% paid up. However, if you need a work permit, it has to be paid up at least THB 2M for each work permit. In case the foreigner who requires a work permit is married to a Thai national, the capital can be THB 1 M for the work permit of that foreigner.

Regarding the question about whether or not you have to actually pay up the capital, you will have to in the beginning and later the company can lend the money that it has left to its directors or shareholders or any third parties.

Contact MSNA for Thai company registration or work permit services.

One of our accounting clients, a Thai company which is a software and computer dealer, has to pay a German company for software. The software can be installed only once on one computer with a specific period of usage. The transaction is considered permission to use or right to use the software pursuant to the double taxation treaty between Thailand and Germany. The company has a duty to withhold 5% tax from the software price when paying to Germany.

If the company has withheld the tax and paid to the authority higher than the amount required by law, the company has the right to file a claim for a refund within three years from the last day that the company had to submit the tax.

The law requires that all companies publish their notice for their shareholders’ meeting in a local newspaper and send to their shareholders a copy of the notice by returned receipt registered mail at least 7 days before the meeting date. Failure to do so may result in a fine of up to Baht 20,000.

One of the shareholders’ meetings that all companies are required by law to hold is called the Annual General Meeting (AGM), where the company has to have its shareholders approve the Financial Statements of the previous fiscal year and appoint the auditor for the current year. This meeting must be held within 4 months from the accounting year-end. The Ministry of Commerce issued some announcement to stress that companies need to really follow the AGM procedures prescribed by law or they will face some penalties.

If the company’s accounting year-end is 31 December 2010, then the AGM must be held within 30 April 2011. The last day to publish the Notice for AGM is AGM date minus 8 = 22 April 2011. This is also the last day the company can send the copy of the notice for AGM to your shareholders by returned receipt registered mail at the post office.

Usually most companies use cheap newspapers that are in circulation specifically for this purpose of publishing notices for AGM only.

If your company does not have the manpower to take care of the notice for AGM, MSNA can handle it for you for a minimal fee.

Thailand accountants are busiest during the first 5 months of the year. The accounting period (12 months or in case of newly set up companies, less than 12 months) of most companies in Thailand falls on 31 of December of each year. If your company’s accounting year-end is 31 December 2010, then your Thai accountants should close the accounts of 2010 by now and have an auditor or certified public accountant audit the accounts. You need to have the audited financial statements ready by end of April. The laws require that these things need to happen:

1. The company needs to hold an AGM (annual general shareholders’ meeting) within four months after the year-end, which is by 30 April 2011, to approve the audited financial statements of 2010.
2. The company needs to file the 2010 audited financial statements with the Ministry of Commerce within 30 days from the AGM date.
3. The company has to file the 2010 corporate income tax return and the audited financial statements with the Thai Revenue Department within 150 days from the accounting year-end, which is 29 May, 2011.

Failure to do any of the above will result in a fine and a possible jail term for the company’s directors in some serious cases.