(-Translation-) Rule of Department of Employment. The Criteria for the Consideration for Work Permit Issuance B.E (A.D.2009)

Transcription

1 (-Translation-) Rule of Department of Employment On The Criteria for the Consideration for Work Permit Issuance B.E (A.D.2009) For the purpose of work permit issuance pursuant to section 9, 11, 23 and 26 of Working of Alien Act B.E.2551 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 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 No.2: This Rule shall come into force after 30 days from the announced date onward. No.3: The following shall be repealed: (1) The Rule of Department of Employment on the Consideration Criteria for Work Permit Issuance B.E (2) The Rule of Department of Employment on the Consideration Criteria for Work Permit Issuance (No.2) B.E No.4: The consideration for work permit issuance pursuant to section 9 and 11, the consideration for work permit renewal issuance pursuant 23 and the permission to change or add type of work or employer pursuant to section 26 shall be made in a necessary and appropriate manner, taking in to account: (1) Political, religious and social security of the Kingdom (2) Work opportunity for Thai nationals and aliens demanding which is necessary for the Kingdom.

2 (3) The employment of the aliens shall bring about a large amount of foreign currencies for investment or expenses in the Kingdom shall generate employment of Thai nationals in a large number, or in case skill development of Thai nationals shall be derived from technology transfer by aliens who get a permission to work. No.5: Work Permit for aliens mentioned in No.4 shall be issued according to the specified of Regulation of prescribe amount of issuing work permit as attached herewith. No.6: Work Permit for aliens mentioned in No.4 besides the specified of Regulation of prescribe amount of issuing work permit or without specified by this Rule, the application which is submitted in Bangkok area shall be subjected to the Director-General of Employment Department, and the application for Employment provincial office shall be subjected to the Provincial Governor. No.7: The application which are submitted to the competent official before the effective date of this Rule shall be under prescription of the Rule of Department of Employment on the Consideration Criteria for Work Permit Issuance B.E.2547 and the Rule of Department of Employment on the Consideration Criteria for Work Permit Issuance (No.2) B.E No.8: The Director-General shall have charge and control of the execution of this Rule. Given on the 13 th day of August B.E.2552 Pichai Akepitakdamrong (Mr. Pichai Akepitakdamrong) Director-General

3 Prescribed Amount of Work Permit Issued Item Regulation Amount of work permits issued Remark Working for Financial Institute 1 Issued to 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. As identified in the certified letters Working by having confirmation 2 Issued to 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. As identified in the certified letters

4 Working with an employer who registered as juristic person Issued to aliens who work with an employer that has investment capital registration of no less that THB 2 million Issued to aliens who work with an employer who is registered as a juristic person overseas but conducts business in Thailand must bring a minimum of THB 3 Million of initial capital into Thailand Issued to aliens who work with an employer who is registered as a juristic person overseas but conducted business in Thailand before 30 October 2002 but cannot provide any evidence on being in the country before this date, however have an active bank account balance of THB 3 million for at least 6 months. Issued to aliens who work with an employer as item No. 3-5 by using technology that Thai people are unable to use or not having a sufficient amount of local market workers and/or must provide training and knowledge of its technology to two Thai people at least during the prescribed period. One available for every THB 2 million of paid up capital (but not more than 10 permits). One available for every THB 3 million of investment (but not more than 10 permits). As necessary and/or suitable 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 in No. 3-5.

5 7 8 9 Issued to aliens who work with an employer as item No. 3-5 by using special knowledge to complete the project successfully within the prescribed period. Issued to aliens who work with an employer for an entertainment, show or music business that requires temporary employment for a fixed period. Issued to aliens who work with an employer paid income tax to the government during the previous fiscal year of at least THB 3 Million Issued to aliens who work with an employer whose business is exporting goods overseas and remitted capital back to Thailand in the previous year not less than THB 30 million up. Issued to aliens who work with an employer operating in the travel business and that has brought at least 5,000 foreigners to Thailand for travel during the previous year. Issued to aliens who work with an employer as juristic person that has employed at least 100 Thai workers.

6 Representative of foreign juristic person Issued to aliens who work as a representative of a foreign juristic person relating to international trade business for advising any matters relating to product of head office that distributing to distributor or consumer, introduction of any information relating product or new service of head office and report any business update in Thailand to head office. Issued to aliens who work as a representative of a foreigne juristic person relating international trade business for serving source of material or service in Thailand to head office, inspection and control quality and quantity of product was sold or manufactured in Thailand. Issued to aliens for item No. 14 when 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 the previous year for the value of not less than 100 million baht. Not more than 2 persons Not more than 5 persons As necessary and/or suitable

7 Working for Regional Office 16 Issued to 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 planning, 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. Not more than 5 persons 17 Issued to aliens for item No. 16 when the regional office brings more than 10 million baht into Thailand for their expenses in the previous year. As necessary and/or suitable

8 Working for Regional Office Head Quarter 18 Issued to aliens who works with regional office head quarter was incorporated under Thai laws for carry on business relating services for management or technical or service for supporting to its affiliate or branch whether located in Thailand or foreign country pursuant to royal decree issuing pursuant to revenue code on reduction and exception of taxes. Not more than 5 persons 19 Issued to aliens who for item No. 18 when the regional office head quarter has paid tax on previous fiscal year to the government of not less than THB 3 Million. As necessary and/or suitable Working for foundation association or nonprofit organization 20 Issued to aliens who work in a foundation, association or nonprofit organization which create benefits to society as a whole. As necessary and suitable

9 Working for a private educational institution 21 Issued to aliens who are employed at a private educational institution which is appointed as a teacher, a lecturer or factually of teachers according to private education law or other law. As necessary and suitable Working for an individual employer Issued to aliens who work with the employers whose business has generated THB 700,000 baht of income in the past or present year, but the total number of aliens to be granted work permit shall not be more than three persons. Issued to 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. 1 person (but not over 3 permits) 24 Issued to 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. 1 person for every 4 Thai workers (but not over 3 permits)

10 Working for legal service 25 Issued to aliens who are in charge of arbitration or arbitral proceedings at legal office or litigation firm. To be agreed by both parties. 26 Issued to aliens who are employed at a legal services or litigation firm which is involved in an arbitral, defense, and only in the event that the governing Law for the dispute is not Thai Law or in a case when it is not required to enforce according to a decision of arbitrator under Thai Law. To be agreed by both parties. Working without an employer 27 Issuing a work permit to a foreigner without an employer. As necessary.