Can a Thai national who cannot speak Thai open a restaurant in Bangkok and hire a foreign chef?

February 5, 2018
7 years ago
Sarot ************
ORIGINAL POSTER
hi guys. i am thai and want to open a small restaurant. i cant speak & read thai but have a thai passport. so now my plan is to do business & hire a foreigner as chef cook! is that possible and easy here in Bangkok? is it also easy to do VISA & WORK PERMIT for the foreigner? i hope you guys can help me! thanks ๐Ÿ˜„
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TLDR : Answer Summary
A Thai national interested in opening a restaurant in Bangkok, despite not speaking or reading Thai, can hire a foreign chef. However, it is important to navigate several regulations. Initially, the business must be registered with Thai authorities, and hiring a foreign worker may require proving that a qualified Thai employee is not available. Generally, for each foreign worker, a certain ratio of Thai employees (often cited as 4:1) may be required, although actual requirements can vary and there are legal pathways to circumvent this depending on the company's registration status. Obtaining a work permit for the foreign chef and understanding visa implications are crucial steps, with recommendations to consult local immigration and labor offices for detailed requirements.
Smith *******
***********************
ๅ‡ค**
Hv other vacancy for kitchen helper foreigner?? Tq
Robert *******
No problem to open a company as a restaurant and hire a foreign chef cook. Problem will be running a restaurant without speaking and reading Thai language.
Sarot ************
ORIGINAL POSTER
thx for your answer ๐Ÿ˜Š
Joe ***********
For every Farang (Foreign) worker you have as an employee you must hire 4 Thai workers.
Joe ***********
Braggarts who throw around juvenile talk of big money more often ar engaging in wishful thinking recalling the fanciful tales they sent home to Mommy
Carlito ***********
And it is not a loophole. It is just one of the many options. Again, you're upset you're not smart enough to find out about it and now trying to pin guilt on others. Really? Lol
Carlito ***********
That is a poor mans argument really. ๐Ÿ˜๐Ÿ˜๐Ÿ˜
Carlito ***********
As long it is not necessary... why should I? Let me calculate back 6 years.... I have saved about 100.000usd or 3.5mio Thai Baht. I make a lot if money but im still a business man and a nickel saved is a nickel earned. Are you really that naive?
Joe ***********
Some use a loophole to avoid it. But they better save their money for when the loophole evaporates
Joe ***********
Then go ahead and pay the Actual Salaries and all the related taxes - what's stopping you?
Carlito ***********
So 4 staff at 12k per month all inclusive is 48k per month less for me... that is about 4 hour work. Meh. ๐Ÿ˜Ž๐Ÿ˜Ž๐Ÿ˜Ž
Carlito ***********
Well if that happen it happen but still not happen yet so back to your first post. Still wrong at this day. If i have to take for thai staff they will get pay for staying home. Dont need them.
Joe ***********
The ability for Foreign Employees having a B Visa and WP to get the 12 Month Multi-Entry B Visa has been cut off... Forcing their employers to get them an Extension of Stay instead and that will mean having to report the Thai / Farang employee ratio with Social Security Tax and Income Tax withholding tax. Next likely no 12 month multi-entry B Visa for Directors - just a matter of time.
Carlito ***********
If I tell you how much money Im making i worry you will kill yourself hahaha ๐Ÿ˜‰
Carlito ***********
You say im illegal yet i make balance sheets, pay tax and vat in a timely manner. It has everything to do with the duscussion. You're getting schooled and you don't like it as your stubborn and ignorance has cost you a lot of money and now you angry to another but you should be angry to yourself.
Joe ***********
VAT has nothing to do with the discussion
Carlito ***********
I report to the revenue department directly and go pay VAT at tax office myself
Joe ***********
You don't report correctly
Robert *******
You right, it is according the law. Not created but used by people who can not afford staff. And as long this is not better regulated you can use this system. For employees it is getting hard to get a 1 year Non B visa, for the owners still okay.
Carlito ***********
And I pay my income tax and also my associate. And we pay VAT every month. This is not possible when im outside the law.
Joe ***********
No it just means you do not have to report to Thai Immigration - not the same thing
Carlito ***********
Hundreds or thousands do this way for small company or office who dont need staff. Thai government create this system just for this and is legal but downside is 90 day at border no ext of stay.
Joe ***********
Avoidance of the law does not mean there is no law
Joe ***********
Extension of Stay not possible for you because with an Extension of Stay application you have to report proof of payment of employee taxes both Farang and the 2-4 Thai Employee for every Farang employee or Director
Robert *******
Extension of Stay is four Thai staff for one Extension of Stay. So eight Thai staff for 2 Extensions of stay.
Carlito ***********
Everything I do is inside the law.
Carlito ***********
What wrong?
Robert *******
Carlito Doolittle, correct for the Work Permit, wrong about the Extension of Stay.
Carlito ***********
And also what said before about 4 Thai staff is nit true. You need MINIMUM 4 Thai staff for workpermit but if you need 2 workpermit you need to add capital and not staff. Everybody knows that.b
Robert *******
Not angry at all. But when advice is given it must be correct. You need a work permit and correct Visa to work. And for Extension of Stay you need Thai staff. Or do every 90 days a border run and once year apply for new Non Immigrant B visa.
Joe ***********
Carlito - it doesn't matter what you get away with - what matters is the law
Carlito ***********
90 days at the border. Extension of stay not possible. But still it is all legal. You guys angry for that?
Joe ***********
How about every 90 days?
Carlito ***********
@JD ******
like i say before. Stubborn. You really dont want to learn?
Robert *******
So nothing to do with the Immigration requirements for an Extension of Stay, you like holiday. Nice try.
Carlito ***********
@Robert ******
yes that is the requirement but no problem for me. I like to travel. I choose another country every year. Its my holiday ๐Ÿ˜„
Joe ***********
How much bribe do you pay them?
Carlito ***********
They come already to see my office. No problem. Everything OK ๐Ÿ˜„๐Ÿ˜„๐Ÿ˜„ that was to get my DBD and VAT CERTIFICATE
Joe ***********
Well Carlito - some time or another you will get a visit from the labor ministry and others
Robert *******
@Carlito **********
And you go every year to an Embassy or Consulate to get a new Non Immigrant B visa?
Carlito ***********
You people are very ill informed to say the least. But that is not the problem. The problem is you old men are stubborn. I have a company limited with 3 sharholders and 2million registered capital. I have a workpermit and NO Thai staff as I do not need in my office. One shareholder is Thai and my associate and another shareholder is my investor (foreigner retiree) my accountant is daytime worker fir the government and my bysiness is completely registered with VAT and I pay income tax every year for the last 6 year already. So I think it is you who need info and not me.
Joe ***********
I would actually like to be PROVEN wrong as I do not need 4 Thai employees
Joe ***********
I live with Thai Company Law, the range of the number of Thai Employees per Farang employee ranges from 2 to 4 depending on declared registered capital. I notice I do not see anyone who says differently posting links to Thai Law
Robert *******
@Carlito **********
NIce, so the law changed, good to know. Where can I find these changes?
Carlito ***********
@JD ******
You are actually wrong about that. You don't seem a reasonable man so I will not fight with you here but I would take that advise and catched up on Thai Company Law if I where you. ๐Ÿ˜‰
Robert *******
Blocked me, good if he/she don't like to read good advice and better for me . I don't have to read all the strange advice given.
Katie *********
I can see his comments. Must have blocked Robert.
Joe ***********
Maybe the high so big BOI owner deleted the comments to keep law enforcement from reading it
Robert *******
Cheaper to own a small company like a restaurant than to work for this company. I have my doubts. Doing my job, get my salary and done, or be the owner and deal with all the problems with staff and governments to get all the paperwork done.
Joe ***********
You don't deserve an an answer as your 70% joke is way over the top
Joe ***********
She must have blocked you Robert
Gareth **********
You own yours outright I guess?
Joe ***********
70% wow what a joke
Gareth **********
The 1 foreigner to 4 thai is only a certain type of company, normally the cheapest for a foreigner to be an owner of, this company will be 70% Thai owned
Robert *******
JD? relax, I do not even see any reply's other than yours.
Joe ***********
No Valere you are just an arrogant know it all... Who knows nothing about regular Thai Registered Companies. I hope the law doesn't catch up with you some day
Valรจre *************************
Nope. BOI is only 1 way to go. But there are ithers too (all legal if course) Sorry I'm done with you. I can't fix stupid. You need to educate yourself. Not my job. Soon you'll deny the existense of the sun. I don't argue with ignorance. Bye.
Joe ***********
Concerning this fellow who made the post - there is no indication that he will do a BOI and you earlier said nothing of it either. Repeat - for a regular Thai Registered Company there must be 4 employees for each Farang employee
Valรจre *************************
Get yourself educated. You're making a very big fool of yourself. Publiclicly too.
Valรจre *************************
You don't know what you're talking about.
Joe ***********
Which does not surprise me
Valรจre *************************
Maybe Google BOI.... that would be a good start for you.
Joe ***********
And without Thai Employees to match Foreign Employees 4 to 1 you are and have been in violation of probation the law
Valรจre *************************
Please... tell me where I can turn myself in. Your own police station? You really have a lot to learn. I'm 100% legal sir. I have CPN Cental group Tops Big-C Tesco Rimping Ruamchoke and a few more as my customers for years and years. You really think they sign contracts with illicit companies?
Joe ***********
Then if you have a Thai Registered Company then you are violating the law
Valรจre *************************
I own 2 companies for 11 years and employ 47 staff. And still I have no full understanding of all labour laws. Talk to your accountant and get educated. Maybe you should get off your high horse. Good evening.
Joe ***********
And take your authoritarian attitude and stuff it
Joe ***********
It is not false. I am a Thai registered company owner / share holder / Director and I know. I pay the taxes
Valรจre *************************
No you don't. Stop spreading incomplete and/or false information.
Mark *******
You need to apply for and obtain a Thai ID card, otherwise you will also need a work permit. The Thai passport doesn't confer citizenship rights and sometimes it is difficult for a foreign-born Thai to gain citizenship. A lot of it is dependent on your parents' domicile and land ownership.
Johnsuma ******
aw ok sorry i did not read all lines. lol
Mark *******
A native Thai who can't speak Thai?
Johnsuma ******
lol. its a native thai (if i read correctly..)
Jamie ************
Hi Sarot, I'm a foreign Chef who's been in Pattaya City for the last few weeks and have been inquiring into some similar questions. As mentioned above you'll need to register your business with the Thai government first (not sure of the costs). As for the foreign Chef you'll have to sponsor him and need to prove that a Thai can't do the job (this isn't as difficult as it might sound, as their main concern is tax collection before native employment). That being said however, you will need to have at least two Thai employees before you can legally hire a foreign Chef. Also mentioned above, and depending on the type of resto your opening, your looking at at least 50k for a semi decent Chef and +++ for someone who's extremely good ๐Ÿ˜‰... Ok, all that aside and ways around it: open your resto, figure your recipes, hire you staff and either train someone local or hire a not so chef chef, train them and pay them 20-25k to start (you can also ask them to pursue a non-immigrant b visa, as a "work visa" doesn't really exist; this costs around 3000 bhat). Once you've made some $ you can look at option 1 to bring your place to the next level. Hope this helps and if you have any more questions or need any assistance with getting your place up and running I also do consultation work (both FOH and BOH), and have considerable experience. Feel free to friend me up or msg me anytime.. Good luck!
Sarot ************
ORIGINAL POSTER
thx a lot for your help & answer ๐Ÿ˜Š
Johnsuma ******
Hemmm I hope you know that the wage of a Chef is quiet heavy, in Europe they got a minimum of 50-60,000 bahts monthly & up...
Johnsuma ******
maybe for one that can make mushooms or tomatoes omelets...
Kurt ********
@Parmentier *****
could be
*****
baht as well
Johnsuma ******
Yes I am absolutelly agree this cannot be compared. (except Japan & China)
Valรจre *************************
I know Chefs who wirk for 40k and I know one who earns 220k. All depends on the venue, responsability and location. But don't compare Europe with Asia.
Johnsuma ******
a Chef is a Chef wherever he is his value & education is at the top so wage I wrote is the VERY minimum & can be even 150.000 bahts but do not worry such Chef will never come to work in thailand.
Valรจre *************************
But we're NOT in Europe.
Johnsuma ******
as you are a thai it will be easier, make a visit to the immigration services, ask them all the documents you need to hire a foreigner chef for your rest.

For the foreign side if he has the qualifications needed for the business you offer i think there won't have problem. Just wait wait at the queue. lol

ow i forgot, make a visit to the labour dep. to get all documents needed too for the WP.
Sarot ************
ORIGINAL POSTER
thx a lot for your answer & help. ๐Ÿ˜Š
Yann **********
you need to register the company first then apply for WP . not that hard
Sarot ************
ORIGINAL POSTER
ok thanks. i will look ๐Ÿ˜Š
Yann **********
work permit . got mine for so many years forget some people don't understand what is it
Sarot ************
ORIGINAL POSTER
hi. thx for your answer. a stupid question? what means WP? ๐Ÿ˜…
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