Introduction to Work Permits in Thailand
Foreigners working in Thailand need a work permit, as required by the Royal Emergency Decree on Managing the Work of Foreigners B.E. 2560 (2017), as amended by the Royal Decree (No. 2) B.E. 2561 (2018) (the “Emergency Decree”).
The Emergency Decree defines ‘Working’ as “engagement in any occupation, with or without an employer,” except for business operations conducted by those licensed under the foreign business law.
Restricted Jobs for Foreigners in Thailand
Some jobs in Thailand are reserved only for Thai nationals. Foreigners should ensure their intended job isn’t restricted. For details on restricted jobs and exceptions, please refer to our full guide on restricted jobs for foreigners in Thailand.
Restricted Jobs for Foreigners in Thailand: A Comprehensive Guide
Penalties for Non-Compliance with Work Permit Rules in Thailand
For Foreign Workers:
Foreigners working without a valid permit can be fined 5,000 to 50,000 baht. Additional penalties may include deportation and a two-year ban on obtaining a new work permit from the date of the offense
For Employers:
Employers who hire foreign workers without the required permits are subject to fines ranging from 10,000 to 100,000 baht per illegal worker. In cases of repeat offenses, the penalties increase to fines of 50,000 to 200,000 baht per worker, with the possibility of imprisonment for up to one year. Repeat offenders also face a three-year ban from hiring foreign workers.
How to Obtain a Work Permit in Thailand
Foreigners need a work permit to legally work in Thailand, whether they are employed by a Thai employer or starting their own company, and need a work permit to work as a director or in another role. Obtaining a work permit can be particularly tricky when starting new businesses and for foreigners setting up their own companies, as there is no support from existing Thai employers.
Work Visa in Thailand
Typically, a work permit is issued to those holding a Non-Immigrant B Visa (Non-B), commonly referred to as a “business visa” or “work visa.” The term “work visa” is conditional in Thailand, implying a Non-B visa in conjunction with a work permit. Besides work, the Non-B visa is also intended for business and other cases. Furthermore, holders of investment visas, LTR visas, as well as those married to Thai nationals or having Thai children with non-immigrant type “O” visas, can also obtain work permits. Work permits can also be acquired by those with Thai permanent residence. However, in this article, we will focus on the most typical case: the Non-Immigrant B Visa.
Usually, a foreigner obtains a Non-Immigrant visa at one of the Thai embassies or consulates based on documents provided by the future Thai employer (which could be your company if you are starting a business). A key document for processing the work visa is the approval letter that the Thai employer must obtain from the Department of Employment, form WP.3. Companies with projects approved by the Board of Investment (BOI) process BOI letters instead of WP.3. When applying for a visa, it is important to consider the requirements of the specific embassy or consulate. The validity of such a Non-B visa is 90 days.
After entering Thailand, a work permit is processed based on documents from both the employer and the employee, typically for one year (although it might be less for newly founded companies). With a Non-B visa and a work permit, you can obtain an extension of stay at the local Immigration office, usually issued for one year.
Basic Requirements for the Employer
Registered Capital
To employ one foreigner, two million baht of registered capital is required. This amount is one million baht if the foreigner is married to a Thai national. For foreign companies, this amount is three million baht.
Thai Employees
For each foreign employee, there should be no fewer than four Thai employees (no fewer than two if the foreigner has a Thai spouse). This rule does not apply to holders of LTR visas. For representative offices of foreign companies and regional offices, the rule is “one work permit – one Thai employee.”
Number of Foreign Employees
Typically, an employer company can hire no more than ten foreigners. There are some exceptions based on economic indicators, taxes paid, the number of Thai employees, certain types of activities, etc.
BOI Projects
Special rules apply to companies whose projects have received BOI benefits.
Three Key Steps to Obtaining a Thai Work Permit
- Obtaining the Pre-Approval Letter (WP.3 Form)
The WP.3 form is a pre-approval document issued by the Department of Employment. This step is essential to verify that the job position qualifies for a foreign worker and meets legal requirements. - Securing the Non-Immigrant B Visa
Once the WP.3 is approved, apply for a Non-Immigrant B visa at a Thai consulate or embassy abroad. This visa allows entry to Thailand for employment purposes and is required before applying for the work permit. - Processing the Work Permit
After arriving in Thailand, the work permit application is submitted. This involves providing all necessary documentation from both the employer and the employee, including the WP.3 form and visa-related paperwork.
Employers are responsible for managing the visa and work permit process. If you are setting up your own company, hiring a lawyer, law firm, or other professionals is highly recommended. This ensures that all legal procedures are correctly followed, avoiding delays or compliance issues.
Getting Pre-Approval (WP.3 Form)
What is the WP.3 Form?
The WP.3 form verifies that your company is authorized to employ foreign workers and is a prerequisite for applying for the 90-day business visa at a Thai embassy abroad. This form acts as confirmation from your employer in Thailand, verifying your intention to work for their company. If you are already living in Thailand, you will need to leave the country to submit the application, as it can only be submitted if the foreigner is not in Thailand.
Required Documents for WP.3 Application
Personal Documents:
- Completed WP.3 form
- Employment certification form
- Copy of the first page of the passport of the foreign candidate
- Copy of the education certificate or determination form (if you don’t have an educational certificate)
- Copy of the occupation or professional license (if applicable)
- Power of Attorney from the employer
- Copy of the employer’s identification card and a copy of the grantee’s I.D. card
Company Documents:
- Copy of Thai company registration and recent shareholders’ list (updated within 6 months). For foreign juristic persons, a copy of the Business Operation of foreigners and documents about money import
- Copy of VAT registration
- Copy of the employer’s work permit (if applicable)
- Relevant company licenses (e.g., factory, restaurant, hotel, tourism, hospital, etc.)
- Copy of social security payment (1 month), balance sheet (last year), and VAT payment records (1-3 months)
Need for a Thai Director
If you plan to obtain a work permit in a newly established company, whether for a director’s position or any other role, the application must be signed by a Thai director. Therefore, it’s important to appoint a Thai director first. This individual will be required throughout the entire process, including obtaining the WP.3 form, visa, and work permit, and must remain in this position at least until all formalities are completed.
Submitting the Application
The employer submits the WP.3 form and required documents to the Department of Employment.
Awaiting Approval
The Department of Employment reviews the application, which can take several days.
Receiving the Pre-Approval Letter
Once approved, the employer receives the WP.3 letter, necessary for applying for the Non-Immigrant B Visa. Most consulates accept scanned copies, so the employer or a representative can email a pre-approval letter to the employee.
When WP.3 is Not Needed
In some cases, the WP.3 form is not required. Here are the exceptions:
- Companies Approved by the Board of Investment (BOI): Companies that have received approval from the BOI can use a letter from the BOI instead of the WP.3 form.
- Japanese Nationals: Japanese nationals are exempt from submitting the WP.3 form per the Japan-Thailand Economic Partnership Agreement (JTEPA).
- Other Documents: Other documents can replace the WP.3 approval letter, such as letters from universities, schools, international organizations, or charitable organizations.
Obtaining the Non-Immigrant B Visa
After receiving the WP.3 form, you can proceed to apply for the Non-Immigrant B Visa at a Thai consulate abroad. It’s crucial to choose the consulate in advance since the company documents must be addressed to a specific consulate, and requirements can vary. Many consulates also require an appointment, so be sure to plan ahead.
Documents Typically Required for a Non-Immigrant B Visa at Thai Consulates
(Please note that the list may vary, so always check the specific requirements at your chosen consulate):
- Passport:
Valid for at least 6 months. - Visa Application Form:
Completed and signed. - Photographs:
Recent passport-sized photographs. The number required may differ depending on consulate requirements. - Invitation and Guarantee Letter from Thai Company:
Should specify the job position, salary, and duration of employment. - Employment Agreement or Job Offer.
- WP.3 Letter:
Or other approved documents (e.g., BOI letter or valid work permit). - Corporate and Financial Documents of the Thai Company:
- Full company affidavit
- List of shareholders
- Company profile and business operation details
- Map showing the company’s location
- Balance sheet and income statement
- Tax documents: Por Por 20 (VAT), Por Por 30 for the past 3 months, and Por Ngor Dor 50 for the latest year.
- Educational Qualifications:
Diplomas and relevant certificates. A legalized translation is recommended if the documents are not in English or Thai. - Resume and Employment Certification.
- List of Foreign Workers in the Company:
Include their names, nationalities, and positions. If no foreign workers are employed, submit a letter stating this, and indicate that the applicant will be the first foreigner. - Proof of Adequate Finances:
A bank statement for the past 6 months, showing a minimum balance of 20,000 baht per person. - Signatures:
All copies must be signed by a board member or authorized managing director and affixed with the company seal. A copy of the signatory’s ID is required.
Applying for Non-O Visas for Family Members
If you have family members, they can apply for a Non-O visa at the same time. The following documents are required:
- Passport: Valid for at least 6 months.
- Visa Application Form: Completed and signed.
- Photograph: A recent photograph attached to the visa application form.
- Invitation and Guarantee Letter from the Company: Should include the names of all family members and their relationship to the main applicant.
- Copy of Main Applicant’s Passport: Personal data page and all pages with Thai visa stamps.
- Copy of Thai Work Permit/WP.3/BOI Letter: To prove the employment of the main applicant in Thailand.
- Marriage Certificate (for spouse): Must be translated and legalized.
- Birth Certificate (for child): Must be translated and legalized.
- Corporate Documents: Company affidavit.
- Proof of Adequate Finances:
- Bank statement for the past 6 months, showing a minimum balance of 20,000 baht per person.
- If the family member doesn’t have sufficient funds, provide the main applicant’s bank statement along with their guarantee letter.
Obtaining the Thai Work Permit
Once you have secured your Non-Immigrant B Visa and entered Thailand, you will be stamped with 90 days. The next step is to apply for your Thai work permit.
Employee-Provided Documents
To apply for a work permit, the applicant must provide the following documents, either in English or Thai:
- Completed Application Form: Including job description, a map showing the workplace location, and an explanation of why the company is hiring a foreign employee.
- Passport: Copies of every page, signed by the employee.
- Curriculum Vitae (CV): Signed English or Thai version to prove the applicant’s educational qualifications.
- Medical Certificate: Not older than six months, from a recognized hospital or clinic in Thailand, stating blood type and confirming the applicant is in good mental and physical health (free from leprosy, acute tuberculosis, elephantiasis, narcotic addiction, alcoholism, and stage III syphilis). In Bangkok, MedConsult Clinic is recommended for its efficiency.
- Photographs: Six photographs (3 x 4 cm), full face, taken in business attire (no hat, suit and tie if required). Taken within six months before the application.
- Power of Attorney: If someone other than the applicant is filing the application, including a 10 THB duty stamp.
- Additional Licenses: If applicable.
Employer-Provided Documents
The employer must provide the following corporate documents:
- Business Registration
- Shareholders List
- Factory License: If required, issued by the Factory Department, Ministry of Industry.
- VAT Certificate (Phor Phor 20)
- VAT Filing (Phor Phor 30)
- Withholding Tax (Phor Ngor Dor 1)
- Social Security Payment Filing
Note: All documents must have the company seal stamped on every page and the true and authorized signature(s) of the Managing Director and/or Directors next to the seal.
Application Submission and Approval
- Submission: Submit the application to the Ministry of Labor (if in Bangkok) or the province’s Department of Employment or city hall (if outside Bangkok).
- Processing Time: Once submitted, the application review typically takes 5 to 10 business days.
- Receipt and Approval: Upon submission, you will receive a receipt with a return date for picking up your work permit book.
Collecting Your Work Permit
After the review period, the foreign applicant must personally visit the Labour Department office to collect the work permit booklet.
Work Permit Validity and Renewal
The work permit is generally valid for one year but may sometimes be issued for shorter periods such as six or three months. The duration can depend on various factors including the applicant’s nationality, the newness of the company, and the validity of the applicant’s passport. It is essential to renew the work permit as required to ensure the foreigner can legally work in Thailand.
Extension of Stay
Based on a Non-B visa and work permit, one can obtain an Extension of Stay at the territorial division of the Immigration Service. It is represented by a stamp in the passport with the date until which the person has the right to legally stay in the country. It is typically issued for 1 year. The criteria for extension are established by Order No. 327/2557 of the Immigration Bureau of the Royal Thai Police dated June 30, 2014. A translation of the order is available, for example, on the website of the Thai Embassy in Prague. However, we recommend monitoring current changes in requirements. In practice, it is strongly advised to verify the requirements of the specific immigration office before extending, to ensure a smooth visa extension process.
Minimum Wage for Foreign Workers
For foreign workers in Thailand, minimum wages depend on nationality. Below is a table of minimum wages based on the region of origin, according to Annex A to Order No. 327/2557 of the Royal Thai Police Bureau, dated June 30, 2014.
| Region/Country | Minimum Monthly Wage (in Baht) |
|---|---|
| Western Europe, Australia, Canada, Japan, USA | 50,000 |
| South Korea, Singapore, Taiwan, Hong Kong | 45,000 |
| Eastern Europe, Asia, South and Central America, Mexico, Turkey, Russia, South Africa | 35,000 |
| Africa, Cambodia, Myanmar, Laos, Vietnam | 25,000 |
Employment law and contracts in Thailand
Further Reading: For detailed information on employment law and contracts in Thailand, please see our comprehensive article:
Employment contract in Thailand
Photo by Etienne Girardet on Unsplash
If you need assistance with a work permit or have any questions about labor laws in Thailand, feel free to email us or contact us using the form below.