Hiring Thai Workers

Step 1: Request for approval

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 authorizes the Department of Employment to recruit workers and to apply for visas. This should be typed on your letterhead, 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 workers 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 the 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.
4. Wage standard for overseas employment
The Department of Employment has set certain minimum standards for Thai nationals working abroad. The main standards are:

Salaries paid to Thai workers must not less than the 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 the 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 a 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 the Royal Thai Embassy or Consulate or local Chamber of Commerce.

Step 2: Selection of workers

(1) Advertising in the mass media
     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 advertisements placed in the mass media or newspapers. In such case, the employer shall pay the expenses, (if any).

(2) The application
     The Department of Employment will carry out primary selection.

(3) The selection
     The employer or his representative shall carry out the interview if desired. In case the workers have to be tested, the Department of Skill Development which has testing centres 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 centre will be recommended for which the workers shall pay for testing fees.

(4) Medical examination
     The Department of Employment will send the workers for physical examination at the hospital or clinic with the standard being approved by the Department of Employment.

(5) Travel document
     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.

(6) Pre-departure training
     The Department of Employment will conduct training and orientation for workers, before travelling abroad, the employer may also join in the training and orientation, which will be made after the visa has been obtained.