Work Permit Process for BOI Companies
In order to process a work permit for expats who work at a BOI company, first your Thailand BOI company needs to register in the BOI E-expert system online, where you will later apply for a work permit for your foreign employees, experts and specialists as well as extend their work visa.
Steps in processing work permits for BOI companies:
- The BOI company applies for approval from the BOI to hire the various job positions that it needs to have filled by foreigners. So in case just this one position has not been included in the list of positions approved before, then the company will have to do this step again just for this particular position. In some cases your BOI company may already have all of the positions approved including your position, then you will skip this step. This step takes about 3-5 business days.
- The BOI company applies for a visa letter from the BOI for the expat employee to take to a Thai embassy or consulate overseas. This takes 1- 3 business days. Then the company can print out the letter to attach with the visa package for the expat to apply for his non-immigrant “B” Visa.
- Preparing a Visa package, which includes a cover letter to the embassy or consulate, a Visa application form, 2 pictures, the company’s documents (certificate of incorporation, Memorandum of Association, Company Affidavit, List of shareholders, VAT registration certificate and VAT returns from the latest 3 months). In case your company is not newly set up, a copy of audited financial statements and corporate income tax return of the latest year must be included too.
- After the expat comes back into Thailand with a nonimmigrant Business Visa, the company applies with the BOI to hire the expat into the position from step 1. This takes about 3-5 business days. The expat needs to present his education certificate and work experience certificate at this step.
- The company prepares the forms to apply for a work permit and Visa extension for the expat.
- The company takes the expat to the one-stop service of the BOI in order to get the work permit book and extend his visa to 1 – 2 years. This usually takes the whole day at the one-stop service location.
MSNA is an expert in BOI work permit process. Contact us for any questions regarding your Thailand BOI company or work permit issues.
Thailand Board of Investment extended 2 more years permission for 101 promoted companies
The Board of Investment of Thailand has approved a 2 more year permission for 101 promoted companies to employ foreign unskilled labor.
Under the relief measure on foreign unskilled labor employment, the BOI permits 101 promoted companies to continue hiring foreign unskilled laborers until December 31, 2014. However, these 101 companies are required to propose a concrete plan to gradually reduce the number of foreign unskilled workers to BOI within February 28, 2013. During the extended period, they must implement a plan to reduce the number of foreign unskilled workers by 25% every 6 months until no foreign unskilled labor is hired by January 1, 2015. Any of these 101 companies that fail to implement the plan as proposed will have their corporate tax exemption terminated.
Inquire now with MSNA about Thailand BOI promotion and other options in doing business in Thailand.
What to do once a Thai Work Permit is obtained?
When a foreigner has obtained a Thai Work Permit, he or she should always remember that:
- He/she shall carry the permit with himself/herself, or keep it at the place of work while working, ready at all times, for presenting to the competent official or the registrar. Any permit holder who violates or fails to comply with the foregoing shall be liable to a fine of not exceeding Ten Thousand Baht.
- He/she shall engage and perform works only in the particular type of work or job description, and with an employer in certain locality or place of work under stipulated conditions as permitted. Any permit holder violates or fails to comply with the foregoing shall be liable to a fine of not exceeding Twenty Thousand Baht.
- Prior to the expiration of the permit, he/she shall submit an application for the permit renewal to the registrar. Any work permit holder who violates or fails to comply with the foregoing and still continue engaging in the work performance as specified in the permit without permission shall be liable to imprisonment for a term of not exceeding five years or to a fine from Two Thousand Baht to One Hundred Thousand Baht, or to both.
- In case where it appears that a permit holder violates or fails to comply with the conditions stated in the granted permission, the registrar shall have the power to revoke the work permit.
Contact MSNA for your work permit needs.
Thailand Work Permit for Foreigners
Foreigners wanting to work in Thailand need to have employers to sponsor their work permit. Once having a Thailand work permit, the foreigners cannot perform any function other than that described in their work permit.
Generally if the employer is a Thai company, it has to have at least Baht 2 million registered and paid up capital for each foreign employee. In case of foreign companies (which have to obtain the foreign business license before they can operate in Thailand), they have to have at least Baht 3 million capital for each foreign employee. If the foreigner is married to a Thai national, the capital rule is more lenient.
Some companies have obtained BOI (Board of Investment) privileges, some of which grant more relaxed rules regarding Thailand work permits for the foreign employees.
The employers must report changes in employment, transfers and termination of all foreigners in their organization within 15 days.
Thailand work permit holders must obtain a prior permission to change their occupation, and/or place of work. Change of employer location or the residential address of the work permit holder must be properly endorsed in the work permit by the Thai labour authorities.
The Thai law does not prevent foreigners from working in more than one field or for more than one employer. They have to have their Thailand work permit covering all the jobs or employers.
We have summarized here Thailand work permit rules.