Archive for the ‘visa’ Category

Thai Bits: Some Info About Thai Employement Contracts, Thai Cabinet Is Looking At A 10-year Visa

July 20, 2021

The Ins and Outs of Thai Employment Contracts

The law in Thailand does not require an employment contract to be in writing, despite what many foreigners believe. Under normal circumstances, a verbal agreement between an employer and employee is sufficient to create a legally enforceable employment contract. Thai lawyers highly recommend it. However, that an employment contract is drawn up to avoid any misunderstandings.
Several employers use fixed-term employment contracts, but if the employee continues to work after the end of the contract and the employer does not challenge it, the law now considers them to be working on a non-fixed-term contract. A fixed-term contract must be in writing, specify a termination date, and cannot include a probationary period. At the end of the contract period, an employee is not required to give prior notice. The term of a fixed-term employment contract cannot be terminated early without any default by either party nor can it be renewed at the end of the term.
Thai law considers each case individually if there is a dispute. Nevertheless, if the worker is paid regularly regardless of whether or not the work has been completed, the courts will consider him or her a regular employee and grant the same termination and severance rights. An individual who is paid a lump sum at the end of a job is more likely to be considered a contractor. A court may also consider other factors when determining whether an agreement constitutes an employment agreement, including whether the employer has the authority or right to order, control, or direct the contractor in carrying out the assigned work, and the contractor has a higher degree of independence and flexibility regarding work hours and performance.
To avoid any issues later on, it is always best to have a clear contract when hiring employees or being hired yourself. Sunbelt Asia’s lawyers can assist you in drafting contracts or reviewing ones you have already received. For more information, please email legal@sunbeltasia.com.

Thai AGency Recommends a 10-year visa to the Thai Cabinet

Centre for Economic Situation Administration (CESA) approved in principle a scheme last month to grant long-stay visas to four categories of foreigners: rich global citizens, wealthy retirees, rich professionals working in Thailand, and highly skilled professionals. The Deputy Prime Minister plans to propose this new visa scheme to the Cabinet. Visas would be valid for ten years with the ability to purchase land and property if approved by the Cabinet.

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TAT Has Proposed That Expat Remote Workers in Thailand Get Special VIsa

June 8, 2021

The Tourism Authority of Thailand (TAT) has proposed allowing digital nomads to legally work and stay in Thailand without a work permit.
Foreigners living and working in Thailand are to be subject to new rules, as part of Thailand’s plans to attract investment worth 1 trillion baht.
People who want to work remotely from Thailand, or digital nomads, will be able to do so if they show that they have a regular income from overseas.
Large companies can also send employees to work remotely from Thailand.
Applicants need to have a minimum income (salary, investment income, etc.) of at least $80,000 per year for the past 2 years or $40,000 per year with a master’s or higher degree as well as intellectual property ownership or to have received Series A funding.
Additionally, they must have 5 years of working experience and health insurance covering $100,000 or more in medical expenses.
Companies applying for the scheme will need to be listed on the stock exchange of their respective country or have been trading for at least 3 years and have an annual income of 50 million US dollars.
Applicants who are able to meet the requirements will be granted a 10-year stay in Thailand, as well as the right to work in Thailand without a work permit.
Their income from abroad would be exempt from income tax, and their income in Thailand would be charged at a flat rate of 17%.
Also, they would be given special rights regarding ownership and long-term leasing of land in Thailand.
Thailand does not offer any type of visa classification for location-independent remote workers, leaving the legality of digital nomads in somewhat of a grey area.
Thailand’s immigration laws and rules for foreign workers were drafted more than fifty years ago, before the concept of a ‘digital nomad’ – someone who works online from anywhere in the world using only a laptop and an internet connection – even existed.
However, under the new proposals, Thailand will follow the lead of other countries and welcome digital nomads to work remotely in the kingdom.
According to the Thai Association of Technology, welcoming digital nomads will boost Thailand’s economy and contribute to the post-pandemic recovery of the nation.
The so-called digital nomad visa is part of the proposals that Thailand’s Centre for COVID-19 Situation Administration (CCSA) and the cabinet have already presented to Prime Minister Prayut Chan-o-cha.

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