What are the criteria for hiring foreigners to work with companies in the BOI?

For companies in BOI (Investment Promotion) that are necessary to hire foreigners to work, how to consider the qualifications, the criteria, and conditions for applying for a Work Permit for foreigners?

The Wonderful Package would like to give information to all for you.

The Qualifications for considering hiring foreigners for work.

1. Must be an enterprise that is in the process of applying for the Investment Promotion or have received the Promotion Certificate.
2. Foreigners must be skilled and skilled technicians.
3. There is a reason and need to work in the BOI’s Business.
4. Foreigners who will work must have a Non-B Visa in Business type or Non-IB in Investment type under the Investment Promotion Law type.

Foreigners wishing to work with companies in the BOI must have the qualifications and experience in one of the following.

• At least 2 years of work experience if the educational background matches the general position and not less than 22 years old on the beginning date of work.
• At least 5 years of work experience if the qualifications do not match the position or work in a manager position, and not less than 27 years old on the beginning date of work.

Therefore, foreigners who can work with companies in the BOI must be knowledgeable and capable people, have the expertise or is a craftsman to develop the organization and increase the potential to compete with foreign countries.

The procedures for bringing in foreign skilled workers and experts to work the BOI promoted projects are as follows:

1. Apply for a Non-B visa at the Embassy or Thai Consulate overseas. http://www.mfa.go.th/
2. Request to import foreign craftsmen/experts at BOI.
3. Requesting a visa extension at the Immigration Bureau.
4. Request a Work Permit at the Department of Employment / Provincial Employment Office.

The criteria for considering hiring foreigners can be divided into 2 types of businesses.

1. Production Business

     1.1 Approval of Alien Positions (For the first time)

• Consider mainly the components of the business such as type of business, investment size, number of Thai labor, technological level used and production procedures, etc.
• Approval for positions not more than 2 years at a time.
• "Researcher" position in Science and Technology will be approved for positions no more than 4 years at a time.

     1.2 The Recruitment of Aliens in Approved Positions (For the first time)

• "Executive" and "Management" positions must be at least 27 years old with more than 5 years of work experience that match the job position.
• "Operation" position must be 22 years old or more with the educational background corresponding to the scope of work and have more than 2 years of work experience that matches the job position. If the educational background does not match the scope of work, it must have more than 5 years of work experience that matches the job position.

     1.3 Extension Period of Position and Approved Persons (For renewal)

• Consider various factors such as business plan, capacity expansion, production process improvement, improving product performance or quality standards, and is a position that lacks Thai personnel, etc.
• Approve the extension of not over 2 years at a time.
• "Researcher" position in Science and Technology will be approved for positions no more than 4 years at a time.

2. Service Business

     2.1 Approval of Alien Positions (For the first time)

• Consider mainly the components of the business such as type of business, investment size, number of Thai labor, technology level used, and service procedures, etc.
• Approve a position for not more than 2 years at a time except for the activities specified otherwise.
• "Researcher" position in Science and Technology will be approved for the position no more than 4 years at a time.
• Software Digital Technology Service Operations and Electronic Commerce will be approved for the position only for senior-level with incomes of 75,000 baht per month or more.
• International Headquarters (IHQ), International Trading Center (ITC), International Business Center (IBC), Research and Development Affairs, Target Technology Development Business and Electronic Design Business will be approved for the position no more than 4 years at a time.
• Trade and Investment Support Office (TISO), Business Process Outsourcing (BPO) and International Business Process Outsourcing (IBPO) will be approved for the position no more than 1 year at a time and will be approved the "Operator" position at Workstation according to the number of Workstation conditions specified in the Promotion Certificate.

     2.2 The Recruitment of Aliens in Approved Positions (For the first time)

• "Executive" and "Management" positions must be at least 27 years old with more than 5 years of work experience that match the job position.
• "Operation" position must be 22 years old or more with the educational background corresponding to the scope of work and have more than 2 years of work experience that matches the job position. If the educational background does not match the scope of work, it must have more than 5 years of work experience that matches the job position.
• Software Digital Technology Service Operations and Electronic Commerce will be approved for the position only for senior-level with incomes of 75,000 baht per month or more. The initial work will be based on the income specified in the employment contract.
• "Operation" position must be 22 years old or more with 2 years of work experience that matches the job position or have a training experience in the relevant field for more than 3 months for the project requested a new Investment Promotion.
• If the original project is amended the number of Workstation increases after being approved in March 2019. The "Operator" position for Workstation must be 22 years old or older with a Bachelor's Degree or equivalent and there is evidence of training in a related field with a monthly income of 30,000 baht or more. The first placement is determined based on the income specified in the employment contract.
• "Teacher" position considered the qualifications according to the criteria level position "Operator", which must attach a Letter to Appoint a Teacher and a License to practice the profession in education from the Teachers’ Council of Thailand.
• "Pilot" position considered the qualification according to the criteria level position "Operation", which must have a valid license and supporting letter from the Civil Aviation Authority of Thailand.

     2.3 Extension Period of Position and Approved Persons (For renewal)

• Consider various factors such as business plan, capacity expansion, production process improvement, improving product performance or quality standards, and is a position that lacks Thai personnel, etc.
• Approve the extension of not over 2 years at a time except for activities specified otherwise.
• "Researcher" position in Science and Technology will be approved for positions no more than 4 years at a time.
• International Headquarters (IHQ), International Trading Center (ITC), International Business Center (IBC), Research and Development Affairs, Target Technology Development Business and Electronic Design Business will be approved for the extension no more than 4 years at a time.
• Trade and Investment Support Office (TISO), Business Process Outsourcing (BPO), and International Business Process Outsourcing (IBPO) will be approved for the extension no more than 1 year at a time.

If the employer is reasonable and is necessary to hire foreigners to work, please check the conditions, qualifications, and criteria in applying for employment permits for foreigners either they meet the criteria set by the BOI or not. If you are confident that everything meets the criteria, you can hire foreigners to work in the BOI’s Business.

If you need advice or any suggestions, think about the Wonderful Package. We have a team ready to give advice and service to you all the time.

Thank you for information from;

• BOI

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