What HR Should Know Before Hiring Foreign Workers

Posted by: Admin 10 6 March 2568

When hiring foreign workers, HR, employers or business owners should study various things to know about hiring foreign workers. Here are some things that HR, employers or business owners should know before hiring foreign workers:
 
1. Hiring foreign workers requires a work permit. Foreign workers who come to work in Thailand must have a work permit. The Ministry of Labor, Department of Employment is a government agency that is responsible for issuing specific permits that state what the foreign worker is doing, where he/she is working and with which employer. These permits cannot be changed. If changes are needed, they must be notified according to the regulations. Whether or not permission is granted depends on the discretion of the officer.
 
2. Foreign workers must undergo training before work.
All foreign workers who come to work in Thailand must attend training at the initial employment center and end their employment. Foreign workers who have completed the training will receive a work permit.
 
3. Foreign workers must report themselves every 90 days. Foreign workers who come to work in Thailand must report themselves to the Immigration Bureau every 90 days. They can report their residence 15 days before or 7 days after the due date. If the notification of residence is exceeded, a fine of 2,000 baht will be imposed.
 
4. Get a health check within 30 days.
Foreign workers who come to work in Thailand must get a health check to apply for a work permit. The following diseases are checked:
- Leprosy
- Advanced Pulmonary Tuberculosis
- Chronic alcoholism
- Elephantiasis
- Drug addiction
- Syphilis
 
5. Foreign workers receive the same minimum wage as Thais.
Foreign workers who come to work in Thailand are entitled to the same wage as the minimum wage in Thailand, but the price varies in each province.
 
6. Hiring foreign workers without a work permit will be punished by law.
In the case that the employer or HR hires foreign workers without a work permit or allows foreign workers to work outside of what they are entitled to do, There is a fine of 10,000 to 100,000 baht per foreigner hired (Section 102). If the offense is repeated, there is a penalty of imprisonment not exceeding 1 year or a fine of 50,000 to 200,000 baht per foreigner hired, or both. And a ban on hiring foreigners for 3 years.
 
7. Must be foreign workers registered in the MOU system only.
The hiring of foreign workers must be foreign workers registered in the MOU system only. The initial steps in working with the MOU are that the employer must submit a Demand Letter, which is a request to import foreign workers, to the representative of the country of origin to select the workers. After that, the representative of the country of origin will prepare a list of names and send it back. Then the employer or HR can proceed with other steps, such as submitting Form ตต.2, supporting documents to the Provincial Employment Office/Provincial Employment Office, paying for the permit, taking the letter received from the Provincial Employment Office/Provincial Employment Office to the Department of Labor, inspecting the workers, and reporting the residence. Notify the start of employment, check health, and prepare all documents.
 
8. Foreign workers must be at least 18 years old.
Foreign workers who come to work in Thailand must be at least 18 years old, or if they are under 18 years old, they must be at least 15 years old. These workers can only work in jobs that are not dangerous, such as jobs that are not related to heat, cold, vibration, noise, and light at different levels that may be dangerous, jobs that are not related to toxic materials, explosives, or flammable materials, except for jobs in gas stations that use fuel, etc.
 
9. Must submit social security
The Social Security Office has announced that foreign workers in Thailand must submit social security contributions and take care of welfare and benefits for foreign workers, covering 7 cases, but must be legally registered.