Clive
I will tell you when i see you as maybe you are being naive, but i am sure you can guess,
Mike.
Seems I chose the wrong time to retire in Hua Hin . . .
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tuktukmike
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Re: retire
The employee (foreigner) can work for a Thai Limited Company, providing they sponsor him and provide imformation to obtain his work permit.Burger, the permits are issued to individuals not the company. I can understand the company being a Thai Ltd Co but the law is quite explicit about persons, including employees.
IE: A foreign estate agent here, is employed by a Thai Limited Company and can obtain a work permit as such.
Burger
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tuktukmike
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Burger seems like we all have time on our hands today.
That may be correct but as i understand it the company must increase its value by 2million baht per every farang employed and also employ 4 more thais per farang.
If this is the case then there must be thousands of thais employed in hua hin real estate.
Like i said i will ask the question as its a curious one.
Mike.
That may be correct but as i understand it the company must increase its value by 2million baht per every farang employed and also employ 4 more thais per farang.
If this is the case then there must be thousands of thais employed in hua hin real estate.
Like i said i will ask the question as its a curious one.
Mike.
retire
Burger, the basic rule is that if a Thai can do the job then a work permit is not issued to a farang. Just because a farang works for a Thai Ltd Co it does not give him the right to a work permit. Using your understanding then I can get a job as a truck driver for a Thai Ltd Co because I have a UK hgv licence. I think not.
You only need to increase to 2M Baht for a wrok permit if you DO NOT have a Thai wife. Many developers here do have Thai wives, therefore can operate a work permit on a 1M Baht company.That may be correct but as i understand it the company must increase its value by 2million baht per every farang employed and also employ 4 more thais per farang.
If this is the case then there must be thousands of thais employed in hua hin real estate.
You do not need 4 employees to obtain a work permit, you do not need any. Department of Labour has no requirement for employee numbers, you can have no employees, but will need to do 3 month visa runs.
You only need 4 employees for immigration to grant you a long stay permit based on business (1 year).
Most developers here have maybe 10-20 builders working for them, easy to allocate 4 of them as staff to your Limited Company. Alternatively there's your wife who does admin, her sister who cleans the houses, her borther who cleans the swimming pools, her other brother who maintains the gardens etc etc.
Burger
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Adrian Tan
- Amateur
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- Joined: Sun May 14, 2006 11:36 am
Hi there,
Apartment in palm hills looks great for anyone who likes a retreat to a quiet place & it is not far off from the town, takes you about 10mins drive to get there.
I have just move over to HH having been around Korat,Kanchnaburi,phuket,pattaya & bangkok. I feel that HH has got the best of both worlds, both noisy crowds & houses away from the town.
You might want to just come by & talk to people before you decide to buy a property as there are many who gave up the idea since the day they arrived.
No short of golf games as there are far too much golf enthusiast here that you get to play with different blokes everyday.
Adrian
Apartment in palm hills looks great for anyone who likes a retreat to a quiet place & it is not far off from the town, takes you about 10mins drive to get there.
I have just move over to HH having been around Korat,Kanchnaburi,phuket,pattaya & bangkok. I feel that HH has got the best of both worlds, both noisy crowds & houses away from the town.
You might want to just come by & talk to people before you decide to buy a property as there are many who gave up the idea since the day they arrived.
No short of golf games as there are far too much golf enthusiast here that you get to play with different blokes everyday.
Adrian
If what you have done yesterday still looks big to you, you have not
done much today.
<Mikhail Gorbachev>
done much today.
<Mikhail Gorbachev>
Clive,
When you say your permit is for 3 months only, that is because there is only 3 months left on your current 'permission to stay' or because they only issue work permits at the offset for a limited period of time (3 months), then in that time they want to check your office etc. Your WP will only be valid for the duration of your remaining permission to stay, no longer.
The agents/solicitors here who apply for our work permits for us, ask for 4 employees as they plan to make our visas type 'B' (business) so that we can have long stay permits (1 year).
If you specifically stated that you wanted to continue with your 90 day visa, and associated visa runs, and were told you needed 4 employees, then they misinformed you.
Burger
When you say your permit is for 3 months only, that is because there is only 3 months left on your current 'permission to stay' or because they only issue work permits at the offset for a limited period of time (3 months), then in that time they want to check your office etc. Your WP will only be valid for the duration of your remaining permission to stay, no longer.
The agents/solicitors here who apply for our work permits for us, ask for 4 employees as they plan to make our visas type 'B' (business) so that we can have long stay permits (1 year).
If you specifically stated that you wanted to continue with your 90 day visa, and associated visa runs, and were told you needed 4 employees, then they misinformed you.
Burger
retire
Burger, I agree with you that they have probably issued the wp for 3 months so they can run further checks. But I will reiterate what I said earlier, you must now have 4 employees and pay tax and Ni for them. Also a farang can not have a work permit for a job that Thai people can do. Hence no farang bus drivers or truck drivers even though I think the Thai people can not do either of those jobs.
Clive, does the person/agent/solicitor who applied for your work permit intend to put you on a business 'B' visa so that you only have to repoert to police station every 3 months and not do visa runs ? If so, that's why 4 employees.
By the way you are better off with the employees, I have them and pay the 5% every month, you are better off as you can obtain the long stay permit and only need to report to old bill every 3 months.
Below is what our solicitor told us:
The Immigration Depratment requires for an extension of stay permit based on business (long stay 1 year) that four Thais must be employed.
You can have no employee and have a work permit, but must do 90 day visa runs with a multiple-entry visa.
The reason for this is because your employer (sponsoring company) must qualify to sponsor such extended long stay entry permits.
The Labor Department are not interested how many Thai nationals your company employs.
There is no regulation that states you must have four Thai nationals employed to obtain a work permit. The Work Permit department dropped its rule about Thai employee headcount back in 2002. Before this they actually stamped in your Work Permit the required quota of employees.
By the way you are better off with the employees, I have them and pay the 5% every month, you are better off as you can obtain the long stay permit and only need to report to old bill every 3 months.
Below is what our solicitor told us:
The Immigration Depratment requires for an extension of stay permit based on business (long stay 1 year) that four Thais must be employed.
You can have no employee and have a work permit, but must do 90 day visa runs with a multiple-entry visa.
The reason for this is because your employer (sponsoring company) must qualify to sponsor such extended long stay entry permits.
The Labor Department are not interested how many Thai nationals your company employs.
There is no regulation that states you must have four Thai nationals employed to obtain a work permit. The Work Permit department dropped its rule about Thai employee headcount back in 2002. Before this they actually stamped in your Work Permit the required quota of employees.
Clive,
The Foreign Busniess Act refers to foreigners who set up a business (ie: more than 50% of shares).
Extract:
Section 8
(1) Foreigners shall be prohibited from operating the business not permitted to them with special reasons as described in List One.
(2) Foreigners shall be prohibited from operating any business concerning national safety and security, business affecting art and culture, tradition and folk handicraft or the business affecting natural resources or environment as prescribed in List Two unless permitted by the Minister with the approval of the Cabinet.
(3) Foreigners shall be prohibited from operating the businesses prescribed in List Three in which Thai nationals are not ready to compete unless permitted by the Director-General with the approval of the Committee
It does not seem to mention anywhere a foreigner who is employed by a Thai Company.
Burger
The Foreign Busniess Act refers to foreigners who set up a business (ie: more than 50% of shares).
Extract:
Section 8
(1) Foreigners shall be prohibited from operating the business not permitted to them with special reasons as described in List One.
(2) Foreigners shall be prohibited from operating any business concerning national safety and security, business affecting art and culture, tradition and folk handicraft or the business affecting natural resources or environment as prescribed in List Two unless permitted by the Minister with the approval of the Cabinet.
(3) Foreigners shall be prohibited from operating the businesses prescribed in List Three in which Thai nationals are not ready to compete unless permitted by the Director-General with the approval of the Committee
It does not seem to mention anywhere a foreigner who is employed by a Thai Company.
Burger
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tuktukmike
- Guru
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- Joined: Mon Apr 18, 2005 1:02 am
Burger,
So in fact you agree that you must employ 4 thais. We both have 2 mill registered companies and must have work permits.
If we kept to 1 mill companies we could not have got work permits, also you must register for VAT to enable work permit.
So going back to my point, if you have many farangs employed by your company then you have to multiply by 2 mill for each farang employed.
Thai Limited Company????. is there any other sort of company you can register out here.
Burger this is incorrect,
The Labor Department are not interested how many Thai nationals your company employs.
Oh Really, Give me your phone number and i will call you the next time we get a visit and you can explain to them on our behalf.
LIST THREE
The business which Thai nationals are not yet ready to compete with foreigners:
(1) Rice milling and flour production from rice and farm produce.
(2) Fishery, specifically marine animal cultures.
(3) Forestry from forestation.
(4) Production of plywood, veneer board, chipboard or hardboard.
(5) Production of lime.
(6) Accounting service business.
(7) Legal service business.
(8) Architecture service business.
(9) Engineering service business.
(10) Construction, except for:
(a) Construction rendering basic services to the public in public utilities or transport requiring special tools, machinery, technology or construction expertise having the foreigners' minimum capital of 500 million Baht or more.
(b) Other categories of construction as prescribed by the ministerial regulations.
Seems quite clear to me.
So in fact you agree that you must employ 4 thais. We both have 2 mill registered companies and must have work permits.
If we kept to 1 mill companies we could not have got work permits, also you must register for VAT to enable work permit.
So going back to my point, if you have many farangs employed by your company then you have to multiply by 2 mill for each farang employed.
Thai Limited Company????. is there any other sort of company you can register out here.
Burger this is incorrect,
The Labor Department are not interested how many Thai nationals your company employs.
Oh Really, Give me your phone number and i will call you the next time we get a visit and you can explain to them on our behalf.
LIST THREE
The business which Thai nationals are not yet ready to compete with foreigners:
(1) Rice milling and flour production from rice and farm produce.
(2) Fishery, specifically marine animal cultures.
(3) Forestry from forestation.
(4) Production of plywood, veneer board, chipboard or hardboard.
(5) Production of lime.
(6) Accounting service business.
(7) Legal service business.
(8) Architecture service business.
(9) Engineering service business.
(10) Construction, except for:
(a) Construction rendering basic services to the public in public utilities or transport requiring special tools, machinery, technology or construction expertise having the foreigners' minimum capital of 500 million Baht or more.
(b) Other categories of construction as prescribed by the ministerial regulations.
Seems quite clear to me.
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tuktukmike
- Guru
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- Joined: Mon Apr 18, 2005 1:02 am
