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How Many Employees To Support Work Permit Renewal Now Im Married


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My Thai wife and I started the company prior to getting married and I had a Non B visa at the time. We have been married for several years now and of course I now maintain a Non O visa based on marriage.

 

The small company that my Thai wife and I are shareholders of has always maintained 4 Thai employees to support my work permit renewal although we no longer require 4 employees at the moment.  Is it OK to maintain 2 Thai employees if one of those employees is my Thai wife who is not a director but just an employee for purpose of work permit renewal next year?

 

Also will the company need to maintain VAT registration status even if we are exporting only and never reclaim VAT? I was informed to support work permit the company needed to be vat registered however this was prior to being married.

 

Any updated info would be appreciated, thanks..

 

 

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There is no rule for number of employees for work permit. 

This is for extension of stay based on employment. 

 

Said that it's always up to your local office to interpret the rules. 

 

Never had VAT registered with my company. 

We never had over one milli baht revenue.... ?

 

As BritTim says up to your local office, bring a bottle of red label. 

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1 hour ago, BritTim said:

I think these are questions for your local labor office. There is no consistency on things like this. It could also depend on whether you have a (good or bad) history dealing with that office.

Red label or black label, keep on walking.... ?

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12 hours ago, BritTim said:

I think these are questions for your local labor office. There is no consistency on things like this. It could also depend on whether you have a (good or bad) history dealing with that office.

 

It will be the Bangkok office. An agent has always renewed the work permit although we are no longer using the agent hence my post here for advice. When you say it depends on 'good or bad history' I assume there has only been good history although I cannot think what a 'bad history' would be? Everything is above board and legal unless you are implying otherwise?

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11 hours ago, PoorSucker said:

Red label or black label, keep on walking.... ?

 

11 hours ago, PoorSucker said:

There is no rule for number of employees for work permit. 

This is for extension of stay based on employment. 

 

Said that it's always up to your local office to interpret the rules. 

 

Never had VAT registered with my company. 

We never had over one milli baht revenue.... ?

 

As BritTim says up to your local office, bring a bottle of red label. 

 

This is contrary advice to what I've always been informed from multiple sources for years.

 

What I was informed was that..

 

There is a rule for work permit renewal with regards to the number of Thai employees the company is required to employ/pay social fund for? Also to support the work permit for foreigners the employer company needs to have 2 million baht of registered capital and be VAT registered.

 

Revenue threshold doesn't come into it if the company hires foreigners.

 

Im happy to be proven wrong though..

 

Im wondering what the difference is between being married and not being married with regards to the requirements?

 

 

Edited by NightSky
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13 minutes ago, NightSky said:

Im wondering what the difference is between being married and not being married with regards to the requirements?

Only 1 million baht of registered capital is needed to apply for a work permit if married to a Thai and at one time only 2 Thai employes were required but the ministerial order was changed making it 4 Thai employees but some offices still only require 2 employees.

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16 minutes ago, NightSky said:

This is contrary advice to what I've always been informed from multiple sources for years.

 

What I was informed was that..

 

There is a rule for work permit renewal with regards to the number of Thai employees the company is required to employ/pay social fund for? Also to support the work permit for foreigners the employer company needs to have 2 million baht of registered capital and be VAT registered.

I knew a business-owner who had the labor-dept in their restaurant for a couple hours until a late-to-work employee showed up, in order to verify the count of 4 legit-employees.  In that case, just paying the Social / taxes (as some report doing) would not have worked - they wanted to see those 4 physically on the job-site.

 

The income-thresholds were only for getting a Non-B extension based on work (though not applicable to teaching) - not part of the work-permit requirements.

 

7 minutes ago, NightSky said:

Im wondering what the difference is between being married and not being married with regards to the requirements?

UJ clarified this while I was typing - so that answers the question definitively. 

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Ok so 4 Thai employees and one million baht of registered capital then. Four employees still seems a little over the top though to run a small business with the wife. Two is more realistic I hope they consider relaxing these rules.

 

Does the wife count as one employee?

Edited by NightSky
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3 minutes ago, NightSky said:

Ok so 4 Thai employees and one million baht of registered capital then. Four employees still seems a little over the top though to run a small business with the wife. Two is more realistic I hope they consider relaxing these rules.

 

Does the wife count as one employee?

I think she can only be counted if she is not a major shareholder. 

 

Since ce the beginning of this year the small company I work for is having some serious difficulties and revenue is seriously down. So much that there was a risk of going under if 4 Thai staff were have to be kept employed in order to keep me employed. Boss asked the labor department if it was possible to fire two staff and they agreed without a negative effect on my workpermit. I wasn't allowed a (temporary) lower salary though. 

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