Hiring Thai Workers

The Overseas Employment Administration Office is under the Department of Employment responsible for providing overseas employment opportunity for Thai workers free of charge and assists the overseas employers to select appropriate and high quality of workers from Thailand.

According to the Recruitment and Job-Seeker Protection Act, B.E.2528 (1985) and B.E. 2537 (1994) section 50 “Any overseas employer or the representative is prohibited to select and recruit the employee in the Kingdom for working overseas directly, unless such an employer of the representative has authorized any overseas recruitment agency or the Department of Employment to recruit therefore”.

An employer wishing to apply for the service of the Overseas Employment Administration Office, Department of Employment will have to carry out the following steps:

The employer shall contact the Public Overseas Placement Section (IOM), Department of Employment or contact Office of Labour Affairs, Royal Thai Embassy or Royal Thai Consulate-General in the employer’s country.

Document to be submitted for consideration:

1.The Power of Attorney which authorizes the Department of Employment to recruit workers and to apply for visas. This should be typed on your letter head, stating your assignment of power of attorney to your chosen employment agency to handle all affairs in recruiting manpower in Thailand and also to sign the employment contract with the workers on your behalf. The letter must be endorsed by the Thai Labour Office in your country. If there is no Thai labour office, it must be endorsed by the Royal Thai Embassy or Consulate in that country. If there is no Thai Embassy or Consulate, the notary public or local Chamber of Commerce is needed to endorse the said document.

2. A statement of employee requirements (Requisition Letter or Demand Letter) to the Director-General of the Department of Employment. This document shall state the type of required workers, the nature of work, number of workers and their qualifications and working conditions. This should be as detailed as possible and must include the number of worker required for each position, plus wages and other benefits must meet Thai designated minimum standards.

3. An employment contract

The Department of Employment has developed its own model contract, see example, which if you use it, will guarantee rapid processing and the least problems with your workers. Most employers, however, prefer to use their own contract in which case it must specify in full detail all the employment conditions.

The Department of Employment has set certain minimum standards for Thai national working abroad. The main standards are:

Salaries paid to Thai workers must not less than minimum wage rate in the host country.
A return air ticket, adequate food and accommodation must be supplied at the employer’s expense.
Fringe benefits available to Thai workers must not be lower than those available to host country’s workers of the same category.
A one year contract that must guarantee independently of any future contracts that may be negotiated between the employer and the employee. The employee’s right to return to Thailand at the end of the contract period, or to take vacation in the host country must also be guaranteed in Thailand.

5. Copy of Company’s registration and permit to employ foreign workers e.g. bloc visa, advance approval to import overseas workers. These letters must be endorsed by the Thai Labour Office of Royal Thai Embassy or Consulate or local Chamber of Commerce.

When the Department of Employment has accepted the applications from the workers for employment, they will be treated as stock or reserves, which the employer may call for testing or interview. If the Department of Employment does not have the workers of the type required by the employer in stock, there will be advertisement placed in the mass media or newspapers. In such case the employer shall pay the expenses, (if any).

The employer or his representative shall carry out the interview, if desire. In case workers have to be tested, the Department of Skill Development which has testing centers for certain occupations or classifications will be referred. For classification that the Department of Skill Development cannot provide testing, a suitable and reliable skill testing center will be recommended for which the workers shall pay for testing fees.

The Department of Employment will send the workers for physical examined at the hospital or clinic with standard being approved by Department of Employment.

The Department of Employment shall facilitate convenience to the workers who have been selected by the employer in applying for passports for which the workers shall pay their own expenses.

The Department of Employment will conduct training and orientation for workers, before traveling abroad, the employer may also join in the training and orientation, which will be made after the visa has been obtained.

For more information, please contact the Royal Thai Embassy , Consular Section, 29-30 Queen's Gate, LONDON SW7 5JB. Tel. 0207-5892944