Rule of Department of Employment
Governing Rules and Conditions of Considering Alien's Work B.E.
2545
For efficiency of exercise of considering
alien's work according to section 7, section 8, section 9,
section 15, and section 21 of Working of Aliens Act, B.E. 2521,
it is expedient to prescribe rules and conditions of considering
alien's work. By virtue of section 32 of Act on Regulations of
Government Administration, B.E. 2534, Director-General of
Department of Employment with the approval from Minister of
Labour And Social Welfare, hereby issued the rules as follow.
Clause 1. This rule shall be called
"Rule of Department of Employment Governing Rules and
Conditions of Considering Alien's Work B.E. 2545
Clause 2. This rule shall come into
force as from the day following the date of its publication in
the Government Gazette.
Clause 3. The following shall be
repealed;
(1) Rule of Department of Employment
Governing Rules of Considering Alien's Work B.E. 2537 dated
30th May B.E. 2537.
(2) Rule of Department of Employment Governing Rules of
Considering Alien's Work (No. 2) B.E. 2541 dated 19th November
B.E. 2541.
(3) Rule of Department of Employment Governing Rules of
Considering Alien's Work (No. 3) B.E. 2542 dated 20th October
B.E. 2542.
Clause 4. In this rule;
"Authorized person of
considering" means Director-General or official entrusted
by the Director-General or registrar as the case may be.
"Consideration of permit issue" means issue of
working permit according to section 7, section 8, section 15,
and section 21 of Working of Aliens Act, B.E. 2521.
Clause 5. Rules of considering issue
working permit, renewal of permit and issue of permission to
change work or locality or place of work, the authorized person
shall grant permission only activities not contrary to law and
grant permission only to alien who is qualify in any of the
following cases;
(1) The alien who works in business with
paid-up capital and beginning capital not less than two
million baht. It is allowed to have only one working alien for
every two million baht but not more than ten working aliens.
Documents to consider are paid-up capital evidence and
business capital evidence, bank statement, and balance sheet
of the previous year.
(2) The alien who works in business that has paid income tax
to government for the pass three years total amount not less
than five million baht, this is allowed to have one working
alien. Documents to consider are tax paid evidence.
(3) The alien who works in business, which operate export
products and bring in foreign currency at least three million
baht in recent year. It is allowed to have one working alien
for every three million baht but not more than three working
aliens. Documents to consider are export entry.
(4) The alien who works in business, which employs Thai
employees, every fifty Thai employees, it is allowed to have
one working alien but not more than five working aliens.
Documents to consider are form of fund delivery to social
security fund.
(5) The alien who has income and has paid annual personal
income tax to Thai government from 18,000 Baht upwards or has
paid personal income tax on the recent year at the sum of
18,000 Baht upwards. Documents to consider are personal income
tax paid evidence.
Clause 6. Without enforce by clause
5 relating to number limitation of working aliens, at
appropriate reason, Director-General may consider to issue
working permit, renew permit or issue of permission to change
work or locality or place of work to working alien by any of the
following;
(1) The alien who is representative of
international trade who enter in to Kingdom of Thailand to
check product standard or product purchasing or status of
goods market study.
(2) The alien who is consulting in investment, or management
or technique and technology or internal audit periodically.
(3) The alien who is tourism business representative who bring
foreigners to visit Thailand.
(4) International finance institute, which is supported by
authorized organization.
(5) Activity, entertainment, amusement, music, religion,
social welfare, culture, sports which its nature is employment
periodically and non-profit or create income to nations or
benefit to public society.
(6) To bring working alien to complete project of government
or state enterprise with letter showing number of working
alien, name and title.
(7) Work that causes mostly using of domestic material or
reducing import overseas material.
(8) Work that support export of Thai products.
(9) Work that brings technology which Thai has not yet created
to publicize and transfer to Thais.
(10) Work that Thai can do but is insufficient to response
need of domestic labour market.
(11) The alien who is resident in Kingdom of Thailand with
residence certificate or alien identification card.
(12) The alien who is spouse of Thai person, legally register
marriage certificate and openly cohabit as husband and wife
and has a faithful occupation.
Upon permission of Director-General, it
shall be reported to Minister of Labour And Social Welfare
within 15th next month.
Clause 7. In case the alien from
country that may be harm to nation security as determined by
Ministry of Foreign Affairs applies for working permit according
to section 7 or in case any person desires to have alien in his
business in the Kingdom and apply for working permit instead of
the alien according to section 8, record and profile shall be
examined with National Intelligence Agency, National Securities
Center or Special Security Police Office, Royal Thai Police
During above examination, if the application is applied under
section 7, the working permit may be granted to issue at the
same period of stay allow in passport with not more than 90
days.
In case result of examination under the
first paragraph appears that the above alien may be harm to
nation security, must consider not granting permission or revoke
permit and report to Royal Thai Police.
Clause 8. Before a permit is expired
and if the holder of permit wishes to continue working, he shall
apply for a renewal of the permit with the Registrar, the
applicant for renewal of the permit may continue working until
the Registrar issues an order refusing the renewal of the
permit.
Clause 9. In case alien applies for
working permit in establishment which is juristic person,
foundation, association, or work for any person or group of
persons in Thailand supported by international organization
which is not under control of Department of Technical and
Economic Cooperation. Such international organization shall be
examined concerning its operation in Thailand, if it has not yet
applied for operating in the Kingdom and/or setup regional
office in Thailand according to rule governing international
private organization operation in Thailand, such application
shall be held until such international private organization
shall comply with above mentioned rules.
Clause 10. In case the authorized
person of considering issues an order refusing, letter informing
reason of refusal to the applicant.
Clause 11. The applicant has the
right to appeal to the Minister by submitting a written appeal
to the Director-General or official entrusted by the
Director-General or the Registrar, as the case may be, within
thirty days from the date of the knowledge of the order of
refusing to issue a permit or not granting permission or
refusing to renew the permit or not granting permission to
change the work or locality or place of work. Upon receipt of
the appeal, it shall be referred to the Committee within fifteen
days and the Committee shall then consider and submit its
opinion to the Minister within fifteen days and the Minister
shall complete his consideration of the appeal within thirty
days. The decision of the Minister shall be final.In the case of
an appeal against an order refusing the renewal of a permit
under section 15 as mentioned in paragraph one, the appellant
has the right to continue working until the Minister decides on
the appeal
Clause 12. Any alien who has been
granted a permit prior to the date this rule comes into force
shall continue to engage in the work until the end of the
granting period.
Announced on the 22nd Day of May B.E. 2545
Ms. Wanchai Padungsuppalai
Director-General of Department of Employment
Standard of Considering renewal permit, change work,
or change locality or change place of work
according to rule of Department of Employment, B.E. 2545
(select only one clause)
1. Business with paid-up capital and
beginning capital not less than two million baht. Every two
million baht is allowed to have one working alien but not more
than ten working aliens, as following documents;
1.1. Company Registration Documents
1.2. List of Shareholders (Bor. Oor. Jor. 5)
1.3. Balance sheet of recent year after deduction of allowance
(Not less than 2 million Baht in Bank)
1.4. Bank statement with not less than 2 million Baht cash
flow.
2. Business that has paid income tax to
government for the pass three years total amount not less than
five million baht is allowed to have one working alien, as
following documents;
2.1. Copy of Por. Ngor. Dor. 50 Tax form
2.2. Copy of receipt issued by Revenue Department
3. Business that operate export products
and bring in foreign currency at least three million Baht in
recent year is allowed to have one working alien for every three
million Baht but not more than three working aliens, as
following documents;
3.1. Copy of export entry with the same
value showing to Customs Department.
4. Business, which employs Thai employees,
every fifty Thai employees, it is allowed to have one working
alien but not more than five working aliens, as following
documents;
4.1. Form of fund delivery to social
security fund.
4.2. Copy of receipt issued by Social Security Department
4.3. List of employees in social security program.
5. Being alien who has income and has paid
annual personal income tax to Thai government from 18,000 Baht
upwards or has paid personal income tax on the recent year at
the sum of 18,000 Baht upwards, as following documents;
5.1. Copy of personal income tax paid
evidence in the recent year or letter certified tax paid of
the alien issued by Provincial Revenue Department with receipt
issued by Revenue Department.
6. Beyond clause 1 - 5, shall propose to
Director-General for consideration.
|
