Recruiting an intern in Thailand: a detailed guide for international companies

What are the visa options for interns in Thailand?

When recruiting an intern in Thailand, determining the right visa type is crucial. The visa requirements depend on the intern’s role, duration of stay, and educational background.

Non-Immigrant ED Visa (Education)

Generally, students participating in internships as part of their academic programs may qualify for this visa. The ED visa typically covers internships linked to formal studies and is valid for one year, though shorter extensions are possible. To obtain this visa, the company must provide a detailed invitation letter that outlines the intern’s position and learning goals. In addition, the intern’s educational institution may need to confirm the purpose of the internship. The ED visa is limited to educational activities, so it may not apply to all internship types.

Non-Immigrant B Visa (Business)

For internships that go beyond academic requirements or involve significant responsibilities, the B visa is often the appropriate choice. This visa allows the intern to participate in company activities that contribute directly to the business. Securing a B visa may involve collaboration with the Ministry of Labor, particularly if the intern’s role is substantial. Employers should be prepared to provide additional documentation, including a job description, the company’s registration, and financial records that prove the company’s operational stability.

When is a work permit necessary for recruiting an intern in Thailand ?

Under the Foreign Employment Act B.E. 2521 (1978), foreign workers, including interns in specific cases, may require a work permit to engage in work-related activities in Thailand. The decision to seek a work permit depends on the nature and length of the internship.

Criteria for work permits

For internships exceeding three months or roles involving substantial responsibility, companies are generally advised to apply for a work permit. The Ministry of Labor mandates that companies must meet specific criteria, including a minimum capital requirement (often two million baht) and a ratio of Thai to foreign workers. These rules ensure that foreign workers do not negatively impact the local job market.

Employer’s role in the process of recruiting an intern in Thailand 

The company is responsible for securing the required documents for the work permit application. Essential documents include a formal internship contract, a detailed job description, and proof of the company’s registration status. If the internship is classified as a critical role, the company may be asked to submit additional information about the intern’s educational and professional background.

What are the employer’s obligations towards an intern?

While interns are not considered full employees under Thai law, companies are still legally obligated to ensure fair and safe working conditions.

Working conditions and hours for recruiting an intern in Thailand 

Under the Labour Protection Act B.E. 2541 (1998), companies must provide a safe work environment. Interns should have reasonable working hours similar to those of regular employees, and companies must take necessary safety measures. This may include providing protective gear if required by the intern’s tasks, as well as access to basic facilities such as a clean workspace and safety training.

Compensation for interns

While Thai law does not require companies to pay interns, offering a stipend is common. Compensation, even if modest, can help cover living costs, making the internship more accessible to a diverse range of applicants. Financial compensation also helps attract committed and motivated candidates, contributing to a more productive internship experience.

Health and accident insurance for recruiting an intern in Thailand 

Employers are encouraged to provide health insurance to international interns to cover potential medical expenses in case of an accident. Some form of insurance may even be required by the immigration office as a condition of visa issuance. Offering insurance can help interns feel secure, creating a more positive internship environment.

What are the steps to recruiting an international intern in Thailand?

To ensure compliance with Thai immigration and labor laws, companies should follow a series of administrative steps when recruiting an international intern.

Prepare necessary documents for immigration

Companies need to present an official invitation letter, a copy of the intern’s passport, and company registration documents to the immigration office. The invitation letter should outline the intern’s duties, responsibilities, and duration of stay. Companies must also ensure that their business license and registration documents are current and meet any additional criteria stipulated by immigration authorities.

Notify local authorities of the intern’s presence

Once the intern begins their internship, the company must inform the Thai Immigration Bureau. This notification, as per the Immigration Act B.E. 2522 (1979), Article 38, is especially important if the intern resides in company-provided accommodation. Regular reporting to the immigration authorities is a legal requirement, and failure to do so can result in administrative fines.

Maintain up-to-date visa and work permit records

Companies must monitor the status of the intern’s visa and work permit to ensure they remain valid. Immigration and labor authorities may conduct random checks, so staying up-to-date with documentation can prevent unexpected legal issues. Companies are encouraged to set reminders or create a calendar system to track the expiration dates of essential documents.

What documents are required to recruit an intern in Thailand?

Organizing the correct paperwork is essential to streamline the recruitment process. Companies should prepare a comprehensive administrative file, including:

Invitation letter for recruiting an intern in Thailand 

This letter explains the purpose and structure of the internship, outlines the intern’s tasks, and confirms the duration of the internship.

Internship contract

While not required by law, a contract clarifies the internship’s terms and conditions, including responsibilities, working hours, and possible compensation. Having a clear contract reduces potential misunderstandings and provides a formal reference for both the company and the intern.

Medical certificate

For internships lasting several months, the intern may need to submit a medical certificate confirming their physical fitness.

Work permit (if required)

The company should ensure that all documents for the work permit are prepared and available, as the Ministry of Labor may request additional information depending on the intern’s role.

How can companies avoid penalties and maintain legal compliance?

Non-compliance with Thailand’s immigration and labor laws can result in fines or, in severe cases, revocation of the company’s business license. To mitigate these risks, companies should consider consulting a law firm or legal advisor with expertise in Thai labor and immigration law.

Implement confidentiality agreements for recruiting an intern in Thailand 

During an internship, interns may access sensitive information. To protect proprietary data, companies should include confidentiality clauses in the internship contract or in a separate agreement. These clauses set clear boundaries regarding the intern’s responsibilities and the handling of confidential information.

Regularly check visa and permit expiration dates

Employers should schedule regular checks of the intern’s visa and work permit expiration dates. A simple calendar reminder system can help companies stay on top of documentation deadlines, ensuring all paperwork remains current.

Conduct periodic compliance reviews

Working with a legal advisor, companies can conduct periodic reviews to ensure full compliance with Thai laws. Regular audits can identify potential issues and help the company avoid legal complications.

What additional factors should companies consider when recruiting an intern in Thailand?

Protecting data and privacy

Given the nature of an internship, some interns may work with confidential information or sensitive data. Companies should take proactive measures to safeguard this information by establishing clear guidelines for handling data and enforcing data security protocols.

Providing mentorship and support when recruiting an intern in Thailand 

Unlike regular employees, interns benefit greatly from structured mentorship. Companies should consider assigning a dedicated mentor to guide the intern throughout their experience. Mentorship not only enhances the intern’s learning experience but also helps ensure that the intern complies with company policies and Thai regulations.

What are the benefits of recruiting an intern in Thailand for companies in the long term?

Beyond immediate contributions, recruiting an intern in Thailand offers long-term advantages for companies. First, internships can serve as a talent pipeline, allowing companies to assess and potentially recruit interns into full-time roles. Moreover, hosting international interns builds the company’s brand as a global employer, attracting future talent from around the world. Finally, interns contribute to creating a dynamic and innovative work environment, fostering continuous learning and cross-cultural understanding within the team.

Conclusion

Recruiting an intern in Thailand offers unique opportunities for companies to grow, adapt, and engage with international talent. However, to fully benefit from this opportunity, companies must carefully follow immigration, labor, and administrative procedures. By preparing thoroughly, following legal requirements, and fostering a supportive work environment, companies can recruit and retain skilled interns while ensuring full compliance with Thai regulations.