“Employer obligations when employing workers abroad”
Thailand
| 1. Obligations as employer | without permanent establishment/subsidiary | with permanent establishment/subsidiary | |
| Registration as employer at Social Security Office | Yes | ||
| Registration at trade association for professional accident insurance | No | ||
| Preparation of payroll | Yes | ||
| Withholding and payment of social security | Yes The contribution rate of 5% of the employee’s salary with the maximum amount of 750 per month. | ||
| Withholding and payment of wage tax | Yes | ||
| Observance of the regulations of national labor law | Yes | ||
| Continued payment of wages in case of sickness | Not exceeding 30 working days per year | ||
| 2. Wage taxes | without permanent establishment/subsidiary | with permanent establishment/subsidiary | |
| Wage tax is owed by employee | Yes | Yes | |
| Wage tax must be withheld and paid by the employer | Yes | Yes | |
| Surcharge – Taxable Income 0 – 150,000 THB | – | ||
| Surcharge – Taxable Income 150,000 – 300,000 THB | 5% | ||
| Surcharge – Taxable Income 300,001 – 500,000 THB | 10% | ||
| Surcharge – Taxable Income 500,001 – 750,000 THB | 15% | ||
| Surcharge – Taxable Income 750,001 – 1,000,000 THB | 20% | ||
| Surcharge – Taxable Income 1,000,001 – 2,000,000 THB | 25% | ||
| Surcharge – Taxable Income 2,000,001 – 5,000,000 THB | 30% | ||
| Surcharge – Taxable Income above 5,000,000 THB | 35% | ||
| Solidarity Surcharge on Income Tax (individual’s income from EUR 62.500) | No | ||
| 3. Social security expenses | Social security contributions have to be withheld and paid by the employer | Employer | Employee |
| Employer and employee usually owe half each | |||
| Pension Insurance | No | No | |
| Unemployment Insurance | Yes | Yes | |
| Nursing care Insurance with Children | No | No | |
| Nursing care Insurance without Children | No | No | |
| Dental care | Yes | Yes | |
| Health Insurance | Yes | Yes | |
| Levy 1 – Reimbursement for continued pay in case of sickness (up to 30 employees) | No | No | |
| Levy 2 – Reimbursement for maternity protection periods and employment bans (regardless of employee number) | No | No | |
| Insolvency fund levy | No | No | |
| Employers liability insurance association contributions | No | No | |
| The current contribution rate for Thailand is 5% of the employee’s salary, with a maximum contribution of 750 THB even if salary exceeds 15,000 THB. 5% is allocated in proportion to the benefits listed in the following columns: | 5% | 5% | |
| Injury or sickness benefits, disability benefits, childbirth, child benefits, death benefits | 1.50% | 1.50% | |
| Old age benefits | 0.50% | 0.50% | |
| Unemployment benefits | 3% | 3% | |
| *Please note that the benefits that insured person receives under the social security are various subject to terms and conditions under Thai law* | |||
| 4. Main terms of employment contract | Term of employment contract | As agreed by the employer and employee but not in conflict with the Civil and Commercial Code and the Labor Protection Act B.E. 2541 (1998) | |
| Type and place of activity | As agreed by the employer and employee for the type and at the place of employe | ||
| Scope of activity (working hours) | 8 hours per day/48 hours per week | ||
| Amount of rumuneration/special payments (If any) | No | ||
| Minimum Wage | 328 THB to 354 THB Thailand minimum wage varies by province, as determined by the Wages Committee | ||
| Liability | As specified by the Civil and Commercial Code and Labor Protection Act B.E. 2541 (1998) | ||
| Work rules | If the numbers of employee are 10 or more, work rules is required to be prepared and registered with the Department of Labour Protection and Welfare | ||
| Minimum annual holiday | 6 days | ||
| Traditional holiday | Not less than 13 days | ||
| Annual Holiday | Working for an uninterrupted period of one year is entitled to an annual holiday of not less than 6 working days or as agreed between the employer and employee but not less than 6 working days | ||
| Termination of Employment | before the next round of wage payment | ||
| Notice Periods/probationary period | see below 5. | ||
| 5. Rules for termination of the employment contract | Minimum notice period for employee | Advance notice in writing is required at or before the due date of wage payment, and the termination of employment shall be effective on the following due date of wage payment. Otherwise, the payment in lieu of notice must be paid to employee | |
| Longer notice period depending on the duration of the employment relationship | The aforementioned conditions shall be applied regardless of the term of employment | ||
| Probationary period | The probation period is not determined under Thai law. The employer has the authority to place the employee on probation for any length of time, depending on the agreement between the employer and the employee. In practice, the probation period is 90-119 days | ||
| Notice period within probationary period | Advance notice in writing is required at or before the due date of wage payment, and the termination of employment shall be effective on the following due date of wage payment. Otherwise, the payment in lieu of notice must be paid to the employee | ||
| Extraordinary dismissal for serious reasons (e.g. theft) is possible without notice after prior hearing of the employee. The number of employees determines the regulation for it. | If the employee committs an extraordinary dismissal for serious grounds as follows, the employer is entitled to terminate employment without advance notice and regardless of the employee number: 1. Performing duty dishonestly or intentionally committing a criminal offence against the employer; 2. Willfully causing damage to the employer; 3. Committing negligent acts causing serious damage to the employer; 4. violating work rule, regulation or order of the employer which is lawful and just, and after written warning having been given by the employer, except for a serious case with no requirement for the employer to give warning; 5. Absenting from its duty without justifiable reason for three consecutive working days regardless of whether there is holiday in between; 6. Being sentenced to imprisonment by a fnal court judgment | ||
| If maximum of ten employees, then termination without cause and without payment of severance pay is generally permissible | Regardless of the number of employees, the severance pay shall be paid if the employee has worked for an uninterrupted period as specified in the Labour Protection Act B.E. 2541 (1998) unless any extraordinary dismissal for serious reasons has been involved | ||
| If more than ten employees, then termination is only permissible due to reasons listed in the Dismissal Protection Act (KSchG) | No, the termination without cause and without severance pay can be conducted regardless of numbers of employees, but subject to the extraordinary dismissal for serious reaons as mentiond in the above column | ||
| Fixed-term employment contracts are permissible for up to a period of two years without a so-called material reason having to apply. This can be extended twice for each a year. After the end of the fixed-term, the employment contract ends without the need for termination. | There is no maximum period for a fix-term employment contract and no law that specifies the maximum number of extensions. the fixed-term employment contract ends without the need for termination or any advance notice. If the employees are employed under fixed-term employment contracts and the work falls into one of the following categories, they are not entitled to severance pay: 1. Specific project which is not the normal business or trade of the employer and requires a definite date to commence and end the work; 2. Occasional work with a definite ending or completion; or 3. Seasonal work that the employment is made during the season. The aforementioned works must be completed within two years, and the employer must enter into a written contract with the employee at the beginning of the employment | ||
| 6. Work permit for foreign employees | employee residing in EEA State + Switzerland | employee residing in non EEA State | |
| Application for VISA needed for employees | YES Non-immigrant B Visa or other types of visas that allowed the holder to work in Thailand. | YES Non-immigrant B Visa or other types of visas that allowed the holder to work in Thailand. | |
| Valid residence permit (limited validity) or settlement permit (unlimited validty) | Not required | Not required | |
Source: International Comparison July 2023 : Antea (antea-int.com)