Q&A: What to do if employers want to hire alien employees to work in Thailand?
For employers wishing to hire alien employees who have not traveled to Thailand, the employer must apply for a Work Permit on behalf of the foreigner (WP.3 Form).
The Wonderful Package would like to answer any questions for the employer and employees.
What is a Work Permit on behalf of an alien, WP.3?
WP.3 is the Application form a Work Permit on behalf of an alien by the employer as the applicant. After submitting the request, the employer will receive a Work Permit within 7 days to apply for a Work Visa from the Thai embassy or consulate abroad.
Rules, conditions and procedures for obtaining a work permit on behalf of an alien
- Alien employees have not traveled to Thailand.
- The employer submits an application for a Work Permit on behalf of an alien (WP.3) at the Department of Employment.
- When the employer has received a letter stating Work Permit consideration, they have to copy and keep it.
- After that, the employer must send a letter to an alien employee residing in a foreign country to be used as evidence for applying for a Non-B Visa at the Thai embassy or consulate abroad.
Remark: A Work Permit article 12 (BOI) * cannot obtain a Work Permit on behalf of an alien (WP.3).
Documents for submitting to obtain a Work Permit
The employee documents:
- Fill Form WP.3
- Copy of Passport (Biodata page)
- Employment Certification Form
- Certificate of Education or Certificate of Work Experience with attachments
- Copy of Transcript
- Copy of license for Professional Practice in case that it is required by law to have such license for doctors or teachers.
- Power of attorney with 10 Baht revenue stamp together with a copy of the employer ID card and ID card of attorney.
The employer documents: consider by business type / employer type
- Private Organization / Company
- Copy of Certificate of Corporate Registration in Thailand and a Copy of List of Shareholders (not more than 6 months) or a Copy of Business License for Foreigner, the evidence of bringing money from a foreign country to invest in Thailand (For Alien Corporate).
- A Copy of the Value Added Tax (VAT) registration certificate (Paw.Por.01) that specified the type of business and the Request to notify VAT change (Paw.Por.01, if any).
- A Copy of evidence in case of employers operating in businesses that require permission under other laws or letters of authorization for carrying on the business of government agencies such as Letter of Factory Operation Permit, Hotel Operation License, etc.
- Provide proof of the latest monthly Social Security payment (1 month), the Financial Statement, and Paw. Por. 30 (1- 3 months)
- Private School/ Private University
- Copy of Teacher Appointment Letter or Instructor performing duties with Employment Contract / Private University to present a certificate from the department of the Ministry of Education by specifying the alien's name, position, and employment period.
- Copy of the School Establishment License / Copy of the University Establishment Letter and the order to appointing the university's signing authority.
- Government Agency
- Letter from the Government Agency / State-owned Enterprise / Public Organization / Educational District - Government School Teacher, specify the name, position, and employment period.
- Foundation or Association
- Certificate of Foundation or Association specified the objectives and the List of committees.
- Movie production operations from foreign countries
- Letter from Department of Tourism specified the list of alien workers, positions, the passport numbers, and the period of work with a coordinator license.
- Copy of Certificate of Corporate Registration and a Copy of List of Shareholders (not more than 6 months)
Remarks:
- All documents must be in Thai or English only.
- Documents in other languages must translate in Thai and certify the accuracy.
- All copy documents must sign to certify on every page or certify by the attorney.
- When submitting completed documents, the results will be notified within 7 working days.
- The employer must notify the Employment of Alien and the Working of Alien within 15 days from the date of receiving the Work Permit.
After the alien worker has arrived in Thailand, the employer should contact the Foreign Workers Administration Office or the Employment Office to submit a request for a Work Permit within 30 days from the date of receiving the letter informing the result of the consideration for permission to work.
Documents for submitting a request for Work Permit
- Copy of passport and Non-B Visa page with original documents
- Three of 3x4 cm. Photograph (not more than 6 months)
- Copy of the Letter informing the result of the consideration for permission to work
- A Medical Certificate not older than 6 month (not suffering from leprosy, acute tuberculosis, elephantiasis, narcotic addiction or alcoholism)
- Power of Attorney from Alien with 10 Baht Revenue Stamp together with Copy of ID Card of Thai Attorney (In case of the alien employee cannot submit by themselves)
- Relevant documents check from the Letter informing the result of the consideration for permission to work that it requires additional documents or not
Contact Information:
- The Employment Office in the area where the workplace is located or the Foreign Workers Administration Office, the Ministry of Labor building, the Department of Employment, 2nd – 3rd Fl., Mitr Maitree Road, Din Daeng Sub-district, Din Daeng District, Bangkok.
If you have any inquiries or suggestions, please contact the Wonderful Package. We have a team ready to give advice and service at all times.
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