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ResourcesVisa & Immigration LawThailand Immigration LawThat Old "Employer of Record" Chestnut in Thailand?

That Old "Employer of Record" Chestnut in Thailand?

Transcript of the above video: 

As the title of this video suggests, we are discussing 'Employers of Record' so-called. This is sort of in the same in vein as so-called sponsored Work Permits here in Thailand. You'll see these kind of euphemisms used and what they are being used for is to obfuscate illegality quite frankly. 

I've discussed this in the past in the context of the sponsored Work Permit. You'll sometimes hear this discussed under the rubric if you will of employer of record or employment of record whatever; basically it's the same phenomenon. It's basically, you go to somebody who has a company here in Thailand and you have them put you on as a Work Permit holder, basically as an employee of that company, in order to maintain a Work Permit and then that's how you do your thing here in Thailand, if you will. As we have discussed in other videos, in my opinion it's a species of fraud, it may actually stack up to some kind of human trafficking violation under certain circumstances I could see and we've done videos in the past where I have talked about that in scenarios very similar to this stuff. 

Again folks, you need to really do right at the end of the day. You need to not act fraudulently, and at the end of the day if what you're saying you're doing i.e. working for a given company, is not what actually is occurring, you could have real problems. We have dealt with the aftermath of people that have had so-called sponsored Work Permits or employers of record and they had a real problem when they got inspected; they got tax audited, there's all kinds of problems there. And then people ask me, "Well what am I supposed to do? I want to come to Thailand; I want to work." Set yourself up with a small company. Many, many SMEs here in Thailand, that's how they operate; many foreigners here in Thailand operate that way. As we have discussed in many other videos, the US-Thai Treaty of Amity affords the ability of American citizens and American businesses to do business in Thailand notwithstanding the Foreign Business Act and own their companies 100%. 

The point I am trying to make is there are a number of ways to be in compliance with relevant Thai Law but trying to circumvent those rules and then invent new catchy phrases for naming what that activity is, is not a great idea. It's a good idea to maintain compliance and operate within the rules regarding employment here in the Kingdom of Thailand.