-The Garuda emblem-
Rule of Department of
Employment
Governing Necessary and Urgent Work Acknowledgment B.E. 2545
For efficiency of necessary and urgent work
of alien's work notification according to section 7 of Working
of Aliens Act, B.E. 2521. 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 Necessary and
Urgent Work Acknowledgment 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. An alien who enter the
Kingdom for temporary stay in order to engage in the work which
is of necessity and urgency for period not longer than fifteen
days, such alien, by himself, must notify the Director-General
or official entrusted by the Director-General in writing in the
forms to notify necessary and urgent work according to section 7
attached hereto.
The necessary and urgent works are as
following.
(a) Administrative and educational works.
(1) conference, discussion, seminar or
business invitation works.
(2) temporary internal audit
(3) special lecture and educational works
(4) aviation superintendent work
(b) Technical work
(1) inspection, follow-up and technical
solution works.
(2) meeting work on machinery installation and technique.
(3) aircraft engineering work, aircraft mechanical work.
(4) machine repairing or installing work.
(5) petroleum technical work.
(6) machinery demonstrative or testing work.
(7) technical training and seminar work.
(8) movie taking work.
(c) Outbound recruitment
(1) labour choice
(2) technician test
(d) Miscellaneous work
(1) purchasing work.
(2) tour liaison
(3) public contribution work which is of non-commercial or
non-profit objectives.
(e) Works which the director-general or the
officer authorized by the director-general shall deem
appropriate to accept special notifications upon interim
necessity.
Announced on the 22nd Day of May B.E. 2545
Mr. Wanchai Padungsuppalai
Director-General of Department of Employment
Explanation of Department of Employment
On
Rule of Department of Employment
Governing Necessary and Urgent Work Acknowledgment B.E. 2545
As Department of Employment with the
approval from Minister of Labour And Social Welfare has issued
the rule of Department of Employment Governing Necessary and
Urgent Work Acknowledgment B.E. 2545 prescribe work which is of
necessity and urgency for period not longer than fifteen days.
An alien who enter the Kingdom for
temporary stay must inform necessary and urgent work by person
without give power of attorney to any person to do on behalf of
him/her without limitation on VISA type which mean the alien may
have any type of VISA. Due to necessary and urgent work
acknowledgment is not working permit issuance, there is no fee
to be collected. The notification of necessary and urgent work
must comply with Tor. Thor. 11 Form.
Explanation of Department
of Employment
On
Rule of Department of Employment
Governing Rules and Conditions of Considering Alien's Work B.E.
2545
As Department of Employment with the
approval from Minister of Labour And Social Welfare has issued
the rule of Department of Employment Governing Rules and
Conditions of Considering Alien's Work B.E. 2545. For the same
standard on considering issuing alien's work permit in
consideration of economically also to lower power of discretion
of official. In this rule;
1. Authorized person of considering means
1.1 Director-General or official
entrusted by the Director-General to issue working permit
according to Section 7 and Section 8 and prescribe any
condition for the alien to comply according to Section 9.
1.2 Registrar of working of aliens for a renewal of the permit
according to Section 15. Any other work unless specifies in
working permit or change locality or place of work from that
which is specified in the permit according to Section 21.
2. Consideration of permit issue means
2.1 Consideration to grant permission to
alien to engage in any work which is not prohibited by the
Royal Decree prescribing works relating to occupation and
profession in which an alien is prohibited to engage according
to Section 6.
2.2 Prescribe any condition for the alien to comply according
to Section 7 and Section 8.
2.3 Consideration for a renewal of alien's permit according to
Section 15.
2.4 Consideration to grant permission to alien to engage in
the work other than that which is specified in the permit or
change locality or place of work from that which is specified
in the permit according to Section 21.
3. Regulations 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;
3.1 The alien who will work 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 limit to ten working aliens.
Documents to consider are paid-up capital evidence and
business capital evidence, bank statement, and balance sheet
of the previous year.
3.1.1 The business must be business
with paid-up capital not less than two million Baht.
Documents to consider are company's affidavit certified that
the company is juristic person in accordance with the Civil
and Commercial Code and copy of shareholder lists (Bor. Or.
Jor. 5 Form).
3.1.2 Beginning capital not less than two million Baht,
consider from balance sheet certified by authorized auditor.
After deduct debtors, loans and other expenses; the business
must remain asset in cash or bank deposit not less than two
million Baht.
3.1.3 Bank statement means the business must have cash flow
in bank for operation of business not less than two million
Baht at the time the alien/employer apply for permission.
3.1.4 Balance sheet of the previous year means the business
which has operated for not less than a year, balance sheet
of the previous year is requested for consider too. In case
the business registered as a juristic person for less than a
year at the time of applying, no balance sheet is requested.
3.2 The alien who works in business that
has paid corporate income tax to government in the pass three
years at total amount not less than five million Baht, this is
allowed to have one working alien. Documents to consider are
tax paid evidence. This means at every five million Baht of
corporate income tax the business has paid to government in
the pass three years, the business may engage one alien worker
so if the business has paid total ten million of corporate
income tax in the pass three years, the business may engage
two alien workers. Documents to consider are corporate income
tax paid evidence (Por. Ngor. Dor. 50 Form) and receipts
issued by Revenue Department.
3.3 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. This means at every three million Baht of value of
export products appear on export entry, the business may
engage one alien worker so if value of export products appear
on export entry is six million Baht, the business may engage
two alien workers. The export entry to consider is the copy of
duplicate that the business submitted to Customs Department
only.
3.4 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.
3.5 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. This means the applicant
who has never worked in the Kingdom is unable to show personal
income tax evidence for consideration, the official must
assess capability to pay personal income tax from the alien's
income specified in letter of employment. Single alien must
earn not less than thirty thousand Baht income, in case of
marriage the alien must earn not less than forty five thousand
Baht. The alien who used to have working permit must submit
personal income tax paid evidence of more than eighteen
thousand Baht together with receipts from Revenue Department.
4. 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;
4.1. 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. The alien business license, B.E. 2542 will
be required to be a consideration
4.2. The alien who is consulting in investment, or management
or technique and technology or internal audit periodically.
Consulting agreement with both parties' seal affixed will be
required to be a consideration.
4.3. The alien who is tourism business representative who
bring foreigners to visit Thailand. Tourist guide license
issued by Tourism Authority of Thailand will be required to be
a consideration.
4.4. International finance institute, which is supported by
authorized organization. The authorized organization is Bank
of Thailand.
4.5. 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. The phase "create income to
nations or benefit to public society" means there is tax
is paid to government.
4.6. To bring working alien to complete project of government
or state enterprise with letter showing number of working
alien, name and title.
4.7. Work that causes mostly using of domestic material or
reducing import overseas material, which is work that alien
apply in the business that use domestic material as main
factor of manufacture.
4.8. Work that support export of Thai products.
4.9. Work that brings technology which Thai has not yet
created to publicize and transfer to Thais.
4.10. Work that Thai can do but is insufficient to response
need of domestic labour market.
4.11. The alien who is resident in Kingdom of Thailand with
residence certificate or alien identification card.
4.12. 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.
5. 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.
6. 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.
7. 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.
8. In case the authorized person of
considering issues an order refusing, letter informing reason of
refusal to the applicant.
9. 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
10. 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.
For efficiency of issuing working permit,
Department of Employment prescribes working steps of the
concerned official in the process of issuing working permit as
follow.
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Step 1:
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Accept application form of an alien
from 08.30 a.m.
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Step 2:
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Official checks application and
documents, if they are completed the official must
deliver to register record instantly.
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Step 3:
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After record is done, deliver to
official of consideration of permit issue.
Step 1 to step 3 must be finished
in one day.
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Step 4:
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Official considers granting
permission or reject. Official submits his opinion to
Division Superior/Head of Provincial of Employment
within one working day.
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Step 5:
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Division Superior/Head of
Provincial of Employment submits his opinion to
Department Superior/Governor to grant permission or
reject within one working day.
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Step 6:
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Official issues working
permit/reject letter to Superior to sign within two
working days.
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Step 7:
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The superior signs on working
permit/reject letter within one working day.
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Step 8:
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Official issues permit number and
affix on working permit/issued reject letter number
within 1 working day.
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