Thailand’s economic scene remains one of the most vibrant in Southeast Asia, despite COVID and the global economic crisis. The economy will revive in due time, due to the efforts of both the public and private sectors to recover from the current uncertainty. Many foreigners may be considering launching a business or working in Thailand due to the numerous options for expats and the recent reopening of the border. In general, to work legally in the Kingdom, a foreigner must first get a Work Permit in Thailand with the cooperation of the hiring company.
It is essential to consider that not all Thai enterprises are able to offer work licenses to international employees. To be eligible, the company must meet the Ministry of Labor’s regulations which includes the following:
- For each work permit, a Thai registered firm with a majority of Thai shareholders must have a registered capital of at least 2 million Baht.
- To apply for a work visa, there must be at least four Thai employees.
- If the company is not registered in Thailand, the foreign investment capital per work visa must be at least 3 million Baht.
These conditions, however, do not apply to international enterprises that have been promoted by the Thailand Board of Investment (BOI). Nonetheless, the Alien Working Act of 2008 establishes work permit exemptions for foreigners who meet certain criteria.
Who are exempted from Work Permit in Thailand?
Government and Diplomat Representatives
- Members of the diplomatic delegations
- Members of the consular missions
- Representatives of the member countries and officers of the United Nations and its specialized agencies
- Personal assistants traveling from overseas to support the individuals listed in a., b., and c.
- Individuals who execute the missions as per the agreement by the Thai government and foreign governments or international organizations
- Travelers who carry out duties for the benefit of the Kingdom in the areas of education, culture, arts, sports, and others as stated in the decree
- Individuals who acquired permission from the Thai cabinet to perform duties or missions in the Kingdom
Travelers for Urgent, Short-term, and Essential Duties
Individuals who enter Thailand for necessary and urgent business can work in the Kingdom for a maximum of 15 days. In this tenure, they need not apply for a work permit in Thailand. Foreigners must, however, get authorization from the Ministry of Labor and a formal notification before entering Thailand.
Foreigners who are allowed to work in this situation are allowed to enter the nation with any type of visa. However, the concept of “urgent and necessary duties” is a little hazy. As a result, the majority of the cases rely on the judgment of an authorized person.
These are some of the activities that do not require a work permit:
- Participation in conferences, seminars, business meetings, or lectures
- Participation in technical works such as machines repair and installation, demonstration and testing of machine tools, etcetera
- International recruitment activities, such as recruitment of workers and skills test
- Participation in legal services, such as arbitration.
- Other activities as agreed by the authorities in charge
Investors or Founders of Foreign Businesses
A foreigner willing to work in Thailand for BOI promotion must first enter the country. Henceforth, he/she can apply for a work visa within 30 days. During this 30 days, the foreigner can carry out his or her responsibilities while waiting for BOI approval and an official work permit from the Labor Department.
Furthermore, under the Foreign Business Act, representatives of a foreign corporation are exempt from the necessity to apply for a work visa. Directors, board members, or high-level foreign executives and managers who work for a business having a valid Foreign Business License, such as a representative office or a branch office, are examples of these representatives.
SMART Visa Holders
The Thai government launched a Smart Visa scheme in 2021 to attract foreign people with certain skills. Foreign professionals and their families who are given this special visa and their families can stay in Thailand for a maximum of four years without having to apply for a work permit if BOI and the National Innovation Agency accept them.
Foreign professionals can apply for one of five Smart Visa categories based on their specific circumstances. Talents, Investors, Executives, Startups, Spouses, and Children of Smart Visa Holders are among the categories.
Professionals must also work in one of the 13 targeted industries, such as smart electronics, agricultural and biotechnology, automation and robotics, and so on, to be eligible for this benefit.
This official page has more information about the Smart Visa programme.
It is important to note that a foreigner who is not exempt from a work permit and works in Thailand without permission from the relevant authorities will face harsh penalties.
These exemption policies make it easier for qualified international investors and workers to invest and work in Thailand. However, some regulations can be difficult to understand. Interested international professionals should seek further information and recommendations from legal specialists in Thailand to help ease the load and ensure a smooth procedure. Please contact us so that we can help you assess your needs and recommend the best solutions.
Alternatively, you can email us at [email protected] to book your session of free consultation.
