Answered6 years ago

Is it necessary to have 4 Thai staff members for work permit renewal in Thailand if there have been only 3 for part of the year?

Work Permit Renewal Thai Staff Requirement Department of Labor Regulations Social Security Payments Non-O Visa Thai Immigration Law

Zen ******

asked Feb 23, 2021

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Hi , in order to renew a work permit, must there be 4 Thai staffs in the company ? What if there's only 3 Thai staffs for 9 out of 12 months? Can the work permit be renewed?

Answer summary

To renew a work permit in Thailand, a company typically needs to maintain a minimum of 4 Thai employees. However, there is some flexibility; if there are only 3 Thai staff members for 9 out of 12 months, it may still be possible to renew the permit, provided the company can justify the situation and ensure the required staffing levels for the recent months leading up to the application. It's important to have the necessary documentation and possibly consult a lawyer or accountant for advice.

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Markus **********

You only need 4 Thai staff for the latest 3 month. And your lawyer/accountant can pay from the day you ask them to pay.

6 years ago

Zen ******

@Markus *********

So, if the work Permit is to be renewed in December, we must have 4 Thais in the Social Security record for August - November. The labour department wouldn't look back at the number of employed Thais for the months before?

6 years ago

Markus **********

@Zen *****

maybe they even count it as September to December. Ask your lawyer or accountant. They should have the correct answer.

6 years ago

Zen ******

@Markus *********

ok thank you so much

6 years ago

Phill ******

there called ghost staff , many people use other businesses staff .

6 years ago

Kool *******

The company must supply the documents justifying, and meeting the requirements for a work permit. If they can't do that, then they can not request a work permit. It is pretty straightforward with the department of labor. If social security payments were not made for the whole year on the four Thai employees, then the company has not met the requirements. There can be staff turnover, but the positions must be filled as quick a possible, and from everything I've seen, covid-19 is no excuse.

6 years ago

Kool *******

It depends on how long there was no one working in the fourth position. If it was for the full month, then no. If the person quit working at the end of January, and the position was filled during the first part of February then you should be okay. You will need employee hiring records to back up that you did not just go down to three employees intentionally, but it was because of staff turnover, and you filled the positions as fast as you could.

6 years ago

Zen ******

@Kool ******

got it, thank you so much

6 years ago

Zen ******

@Kool ******

thank you. So if January the company pays Social Security for 3 Thais , and February to December the company pays Social Security for 4 Thais, the Work Permit cannot be renewed?

6 years ago