Voluntary Work

Post by **Gail** » Sun Sep 27, 2009 1:25 pm

I have 2 friends visiting Hua Hin for a month and they would like to do some voluntary work with Special Needs Children, they have been told there is a school in Hua Hin but I have no idea where, so would be grateful if anyone could tell me.

Post by **barrys** » Sun Sep 27, 2009 1:35 pm

Beware of the situation concerning work permits!!!

They're also needed for voluntary work!

Post by **lomuamart** » Sun Sep 27, 2009 7:38 pm

Ditto barrys' post above.
The law regards "working" as any activity, whether physical or mental - paid or unpaid.
If your friends are interested in doing some good, I would suggest they go to HH Immigration first and try to make sure that the officials understand what they want to do.
Assuming that they're understood, they have Imm contacts should things go wrong - ie someone grasses them up.
The penalties for working illegally can be severe. Arrest, imprisonment, deportation and a hefty fine.
Take a look here:
http://www.expathuahin.com/jobs-huahin.php

Post by **PeteC** » Mon Sep 28, 2009 4:01 am

Just a thought about Dawn if reading and anyone who knows if not, did she have a permit for her dog work or ever enquire if one was really necessary for that? Her work went beyond volunteer and into the realm of actual Thai community service. Pete

Post by **Earth** » Mon Sep 28, 2009 5:22 am

Just sharing one web that i feel impress to those volunteer...

www.childrenoftheforest.com

Post by **Randy Cornhole** » Mon Sep 28, 2009 5:34 am

As far as i'm aware Dawn did not have a work permit but had a special understanding with the Tessabann.

I asked her when I started working in her shop on sundays...

Post by **Hilux** » Mon Sep 28, 2009 7:10 pm

lomuamart wrote:Ditto barrys' post above.
The law regards "working" as any activity, whether physical or mental - paid or unpaid.
If your friends are interested in doing some good, I would suggest they go to HH Immigration first and try to make sure that the officials understand what they want to do.
Assuming that they're understood, they have Imm contacts should things go wrong - ie someone grasses them up.
The penalties for working illegally can be severe. Arrest, imprisonment, deportation and a hefty fine.
Take a look here:
http://www.expathuahin.com/jobs-huahin.php

I am sorry to be a little off topic, but reading your post just made me wonder if I am doing something wrong?

Would you think I need a thai working permit for the following:

I made a deal with my danish employer that I will work two month a year from thailand doing server maintenance on a danish serverpark. I will be payed and taxed normal salary in denmark. I will work 3 hours per day (7-10 am - which in denmark is nighttime). I wil work from my house in thailand. My employer have no business relations with Thailand.
The deal is great for me since I just love to live in thailand, and is great for my employer since it is hard to find IT guys who will work in the nighttime (and expensive).

Hilux

Post by **hhfarang** » Mon Sep 28, 2009 8:07 pm

Hilux, someone else will have to tell you if it's legal or not, but it sure sounds like a sweet deal!

Post by **STEVE G** » Mon Sep 28, 2009 8:36 pm

Hilux, technically you would need a Thai work permit for that, but obviously if you're working from home like that for just a couple of months it's highly unlikely anyone would know. (Apart from everyone on here now!)

Post by **lomuamart** » Mon Sep 28, 2009 10:41 pm

STEVE G wrote:Hilux, technically you would need a Thai work permit for that, but obviously if you're working from home like that for just a couple of months it's highly unlikely anyone would know. (Apart from everyone on here now!)

I reckon the above is correct.
Any form of employment, even through a foreign company and done on the internet here in Thailand, is technically breaking the employment laws without a work permit.
I believe, that in the instance you're talking about, it's not like you're taking a job away from a Thai person. However, I'm sure Thailand would like some tax income as you're working on their soil.
That's my understanding anyway, but I'm not really up on the work situation here. There are also tax treaties between Thailand and other countries (don't know if Denmark is included) and that can stop double taxation as long as you prove that you've paid tax back home.

Post by **barrys** » Mon Sep 28, 2009 10:48 pm

Denmark does have a double taxation agreement with Thailand, which means you can't be taxed in both countries for the same income.

See: www.skat.dk/SKAT.aspx?oId=338093&vId=200920

Not sure how that affects the work permit situation, though!

Post by **Hilux** » Mon Sep 28, 2009 11:08 pm

Thank you for alle the answers

When I made the deal I checked with the danish authorities - including the the IRS. They actually told me that since ther is a double taxation agreement with Thailand, and the tax is payable to the country of residence (Denmark), it would mean that I would not be paying any tax to Thailand and therefore it would be unlikely that I needed a working permit.

Please if anybody have a similar agreement with a company n an european country I would like to know how it has been handled. It may bee a sweet deal - as hhfarang writes - but it is definately not worth getting in conflict with thai authorities about.

Hilux

Post by **Lung Per** » Tue Sep 29, 2009 1:02 am

Hilux wrote:Thank you for alle the answers

When I made the deal I checked with the danish authorities - including the the IRS. They actually told me that since ther is a double taxation agreement with Thailand, and the tax is payable to the country of residence (Denmark), it would mean that I would not be paying any tax to Thailand and therefore it would be unlikely that I needed a working permit.

Please if anybody have a similar agreement with a company n an european country I would like to know how it has been handled. It may bee a sweet deal - as hhfarang writes - but it is definately not worth getting in conflict with thai authorities about.

Hilux

You may also wish to seek the advice of the Danish Embassy in Bangkok on this....

Super Joe · Post by **Super Joe** » Tue Sep 29, 2009 1:17 am

Hilux wrote:When I made the deal I checked with the danish authorities - including the the IRS. They actually told me that since ther is a double taxation agreement with Thailand, and the tax is payable to the country of residence (Denmark), it would mean that I would not be paying any tax to Thailand and therefore it would be unlikely that I needed a working permit.

Please if anybody have a similar agreement with a company n an european country I would like to know how it has been handled. It may bee a sweet deal - as hhfarang writes - but it is definately not worth getting in conflict with thai authorities about.

Hi Hilux, this is off Thai Inland Revenue website, looks like you're ok on the income tax side of things:

1. Taxable Person:
Taxpayers are classified into “resident” and “non-resident”. “Resident” means any person residing in Thailand for a period or periods aggregating more than 180 days in any tax (calendar) year. A resident of Thailand is liable to pay tax on income from sources in Thailand as well as on the portion of income from foreign sources that is brought into Thailand.
A non-resident is, however, subject to tax only on income from sources in Thailand

But, you will definately be working illegally without a work permit, which is taken quite seriously here, but as SteveG says working from home chances are nothing will come of it. I know more people without WP's than with, it's only really when a rival business grasses you up that anything comes of it. Here's the 'New' 2008 Alien Working Act:

Alien Working Act, B.E. 2551:
Work is defined broadly to include any work involving physical strength or knowledge whether or not done for money or other remuneration.

Penailties include:
• The new Act imposes a fine ranging from 2,000 to 100,000 baht upon a violating foreign employee, increased from 5,000 baht, and/or a 5 year term of imprisonment, increased from 3 years (under the previous act)
• The new law will allow any alien worker who pleads guilty and voluntarily leaves Thailand within 30 days to be fined without a trial.
• Labour officials are authorized to arrest (without a warrant) alien suspected of working without WP.

Reality is they whisk you off to police station for a 20-40k fine.

The 'volunteer/without payment' part covers them for things like foreigners working in their 'Thai wives bar/restaurant/shop' or whatever claiming they do not get a salary off it, which quite often is actually the case. But that 'claim' can be extended to all sorts of businesses.

SJ

Post by **PeteC** » Tue Sep 29, 2009 4:27 am

prcscct wrote:Just a thought about Dawn if reading and anyone who knows if not, did she have a permit for her dog work or ever enquire if one was really necessary for that? Her work went beyond volunteer and into the realm of actual Thai community service. Pete

I don't want my words misunderstood by Dawn or anyone else. By the above I did not mean her work went "beyond volunteer..." into something she should have had a work permit for. My meaning was that her work was so purely volunteer and non-profit that it evolved into a much needed community service for the Thai population. Pete