How to Hire Foreign Employees in Thailand Legally: A Step‑by‑Step Guide | foreign employee Thailand

How to Hire Foreign Employees in Thailand Legally: A Step‑by‑Step Guide | foreign employee Thailand

Introduction

Hiring international talent can give your Thailand‑based company a competitive edge—if done correctly. Let GENTLE LAW IBL guide you through the step‑by‑step process to hire foreign employees in Thailand, ensuring full legal compliance and avoiding immigration or labor penalties.

What Documents Do Foreign Employees Need?

(foreign employee Thailand)

1. Valid Non‑Immigrant B visa

2. Valid work permit from the Ministry of Labour

Note: Interns, volunteers, and consultants—paid or unpaid—are considered “working” under Thai law and must comply accordingly.

Step‑by‑Step Hiring Process

Step 1 – Ensure Your Company Meets Requirements

• Legally registered in Thailand

• Registered capital: ≥ 2 million THB per foreigner (or 1 million with Thai spouse)

• Employ at least four full‑time Thai staff per foreigner (unless BOI‑promoted)

Step 2 – Obtain a Non‑Immigrant B Visa

• Apply at a Thai embassy/consulate

• Submit invitation letter, company documents, and job contract

• Visa valid for 90 days (single entry); converting in-country is possible but risky

Step 3 – Apply for Work Permit

• Employer submits company affidavit, shareholder list, VAT, payroll and SSO records

• Employee submits passport, visa, qualifications, CV, photos

• Processing time: ~7 working days (non‑BOI); 1‑3 days (BOI)

• foreign employee Thailand process clear and compliant

Step 4 – Extend Visa to Match Permit

• After approval: apply for 1‑year extension

• Permits and visas void if employment ends

Employer and Employee Obligations

• Work only in designated role and location

• No additional jobs or part‑time work

• Job changes require a new permit and visa

• Permit cancellation upon employment termination

Penalties for Illegal Hiring

Violation	Employer Penalty	Foreigner Penalty
No work permit	Fine ≤ 100,000 THB	Fine ≤ 100,000 THB + deportation
Working beyond permit’s scope	Same	Same
Using tourist/visa‑exempt entry	Criminal charges	Same
Presence after visa expires	—	Fine, blacklisting, deportation

Common Employer Mistakes

• Confusing visas and work permits

• Hiring while on tourist or visa‑exemption status

• Not maintaining the 4:1 Thai‑to‑foreigner ratio

• Failing to renew visa and permit simultaneously

• Letting foreigners work outside their permit scope

How GENTLE LAW IBL Can Help

• Full Non‑B visa and work‑permit handling

• Assistance with BOI‑promoted exemptions

• Compliance with 4:1 rule and capital thresholds

• Legal risk audits and timeline management

Conclusion

Yes—you can legally hire foreign employees in Thailand, but only by following the structured process above. With GENTLE LAW IBL, you gain one‑stop support from visa to compliance—no shortcuts, no surprises.

📩 Ready to hire international talent the right way? Contact GENTLE LAW IBL today.