Since June 20, 2020, foreigners in Thailand are allowed to work as salespersons in shops, provided they meet specific requirements set by the Ministry of Labour.
Employee requirements:
- The foreigner must have a valid work permit or an entry authorization allowing them to obtain a work permit upon arrival in Thailand.
In the first case, before starting work, the work permit must be updated with the relevant details: employer, workplace, and job position. In the second case, the foreigner must obtain a work permit from scratch. In all cases, work can only begin after a work permit is issued specifying the position of salesperson.
- The foreigner must be able to communicate in Thai. There is currently no clarification on the required level of proficiency.
Employer requirements:
- The employer must be registered with the Department of Business Development (DBD) and conduct business activities in Thailand.
- The maximum number of foreign employees in sales positions depends on the corporate income tax paid by the company in the previous financial year:
- No profit (or tax exemption): 1 foreigner
- Corporate income tax less than 50,000 baht: up to 3 foreigners
- Corporate income tax 50,000–100,000 baht: 4 foreigners, plus 1 additional foreigner for every extra 50,000 baht of tax paid (but not more than 10 in total)
- If the previous condition is met and the company employs 30 Thai staff and already has 10 foreigners, 1 additional foreigner may be hired
- If the previous condition is met, further hiring is allowed at a ratio of 1 foreigner per 10 additional Thai employees (but not more than 20 foreigners in total)
This regulation opens up a new profession for foreigners, which was previously strictly prohibited. Further practical implementation details will be provided once there are real cases of work permit approvals for foreign salespersons.