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The Process for Arbitrators in Thailand to apply for a Work Permit Easier Than You Think
The current proliferation of international trade has proved to be beneficial to the country as it brings in much-needed income for Thailand. However, the increased trade also raises the chance of disputes which causes a waste of time and loss of business opportunities. The sooner the settlement of commercial disputes is accomplished, the sooner a cordial commercial relationship can be resumed.
Settlements of commercial disputes depend on several factors. One of the most common issues encountered is the current legal and regulatory disruptions. It was found that the applicable laws and regulations do not provide much convenience in international arbitration processes. This usually happens when the arbitrator and the authorized representative assigned by the relevant parties are foreigners and need to conduct an arbitration process in Thailand; they must submit documents to seek permission from several agencies. Among some of the crucial documents needed, one is commonly known in Thailand as the work permit and the Business Visa (Visa Non-B).
The work permit is a permit to work in Thailand and is issued to foreigners who wish to work in Thailand, either for persons who wish to set up a business or even as an employee in Thailand. They will have to submit a request to legally change their visa type in accordance with the law of the Kingdom of Thailand, to a NON-IMMIGRANT VISA “B”, or (Visa Non-B), or Business Visa. Working or conducting business in the Kingdom of Thailand cannot be implemented if this type of visa is not approved.
Do you know the differences between a work permit and a Business Visa (Visa Non-B)?
A work permit is a permit that allows the holder to work in Thailand and is issued to foreigners that wish to work in Thailand, issued by the Department of Employment, under the jurisdiction of the Ministry of Labor.
On the other hand, the Visa Non-B, or Business Visa, is a permit to enter Thailand for the purpose of working, issued by the Thai Consulate, under the jurisdiction of the Ministry of Foreign Affairs or the Immigration Bureau.
The validity of a work permit and Business Visa (Visa Non-B) varies from 3 to 6 months, or 1 year to a maximum of 2 years, depending on the consideration of the Department of Employment for work permit and the Immigration Bureau. For visas, several factors are considered, such as the type of work performed or the necessity for work, etc.
In order to apply for a work permit, you must possess all of the following four qualifications:
- Foreign nationals residing in Thailand, or permitted to enter Thailand temporarily under the “Non-Immigrant” Immigration Law, and not as a “tourist/transit” individual, will be permitted to work for the first time, or when their original permit expires and renewal is requested.
- Possess the relevant knowledge and ability to work in their requested field.
The list of documents required to apply for a work permit must include the following:
- A TM-1 request form and three 3×4 cm sized photos (1½”) (taken not more than 6 months, and not printed from a computer / Polaroid camera).
- A letter to the governor providing clarification regarding the necessity for hiring foreign workers: in cases where the company is registered with the BOI or the Industrial Estate Authority of Thailand (IEAT), a clarification letter to the governor is also needed to state the reasons for not submitting the request to BOI or IEAT, with a copy of the promotional privilege certificate.
- Employment certificate or contract
- Copies of education transcripts and past work experience
- Medical certificate
- Certified copy of the applicant’s passport, or certificate of residency, and alien identity certificate together with the original copy.
- A copy of the applicant’s professional license, in cases where it is required by law for that particular profession.
- Power of attorney from the employer (a copy of the employer’s work permit is allowed in cases where the employer is a foreigner) affixes a 10 baht duty stamp and a copy of the authorized person’s ID card.
When the documents and qualifications are ready, the next steps would be to submit the documents. So, what are the steps involved in applying for a permit for the first time?
- Apply for a 90-day validity Business Visa (Visa Non-B) at a Thai Consulate in the applicant’s country or the Immigration Bureau in Thailand.
- After receiving the Visa, proceed to apply for a work permit (Form Tor Thor 1) with a validity of 1 year at the Department of Employment within 30 days.
- After receiving the work permit, proceed to renew the Business Visa (Visa Non-B) with a validity of 1 year at the Immigration Bureau within 30 days.
The cost of applying for a permit depends on the type of fees that you are applying for. If the information and attached documents are correct and complete, the waiting time for the work permit to be approved is usually within 1 month, while approval for the Visa Non-B takes about 3-7 working days.
From what has been stated above, it can be seen that both the documents and the process of obtaining a work permit are quite cumbersome and complicated. Therefore, should a dispute occur, the arbitration process has to be conducted in Thailand. However, the arbitrator and the authorized representative assigned by the relevant parties happen to be foreigners whose documents have not been approved, which can cause complications and making the process take longer than usual. Additionally, it will also affect the competitiveness of the alternative dispute resolution services in Thailand as well.
Therefore, in order to minimize the obstacles that may arise in the process of resolving international trade disputes, THAC has directly coordinated with the relevant agencies, such as the Department of Employment which is empowered to issue work permits, and the Department of Consular Affairs, Ministry of Foreign Affairs which is authorized to issue a Business Visa (Visa Non-B) to foreigners, resulting in the reduction of the number of documents required for applying for a work permit and a Business Visa (Visa Non-B). This facilitation will make Thailand a suitable option for conducting arbitration proceedings and so that the parties do not have to travel abroad, as well as helping Thailand to become an important alternative dispute resolution center in the region.
