Hiring Thai Foreign Workers to Work in BC, AB and Yukon
An overseas employer may recruit Thai workers by either hiring a private recruitment agency or by contacting the Department of Employment to act on their behalf. There are more than 200 authorized private recruitment agencies in Thailand willing to cooperate with the employers in the recruitment process. A Thai worker may also contact employers directly and then report to the Department of Employment together with employment contract as certified or seen by the Thai Authorities before they can plan departure for work. In AB, BC and the Yukon, the Employer must contact the Royal Thai Consulate-General in Vancouver to have employment documents legalized. According to the Recruitment and Job-Seeker Protection Act, B.E.2528 (1985) and B.E. 2537 (1994) section 50 “Any overseas employer or the representative is prohibited to select and recruit the employee in the Kingdom for working overseas directly , unless such an employer or the representative has authorized any overseas recruitment agency or the Department of Employment to recruit thereof”
Channels of Recruitment:At present, there are 5 legal channels for Thai workers to travel overseas for employment:
1. Through private overseas recruitment agencies Employers can seek employees through recruitment agencies licensed by the Department of Employment. With permission by the DoE, they can dispatch Thai workers to work with foreign employers under the Recruitment and Job-Seekers Protection Act B.E. 2528 (1985) Recruitment license is issued by the Director-General of the Department of Employment. According to this act, a license for an agency is valid for 2 years.
2. Through the Department of Employment An overseas employer who wishes to employ Thai workers may recruit Thai workers by authorizing the Department of Employment to recruit workers for them free of charge. The job-seekers are responsible for paying expenses of air-tickets, appropriate visa, Overseas Worker Welfare fund fees and any other travel related costs.
3. Through Self Arrangement Any Thai workers having employment contract with the overseas employers through personal connections must report to the Overseas Employment Administration Office together with certified or seen employment contract at least 15 days prior to departure. Likewise, anyone extending their contract and wishing to make a visit home must also report to Overseas Employment Administration Office.
4. Through Local Employers who send their employees to work overseas
5. Through Local Employers who dispatch their employees to be trained abroad
Minimum StandardsThe Department of Employment and relevant Thai Authorities will determine whether the employment arrangement meet satisfactory standard. Criteria used in the approval process include, but not limited to:
- Salaries paid to Thai workers must not be less than the minimum wage rate in the host country.
- A return air ticket, adequate food, and accommodation must all be supplied at the employer’s expense.
- Fringe benefits available to Thai foreign workers must not be lower than those available to host country’s workers of the same category.
- The employee’s right to return to Thailand at the end of the contract period, or to take vacation in the host country must also be guaranteed.
Authorization ProcessAn employer in AB, BC and the Yukon wishing to hire Thai workers must go through an authorization process with the Department of Employment in Thailand (through the Royal Thai Consulate-General in Vancouver). Under Thai law, workers from Thailand must have a firm offer of employment from a foreign employer before they are permitted to travel to the destination country to fulfill their contracts. As such, the Royal Thai Consulate-General in Vancouver, must legalize all documents pertaining to the contractual agreement between the prospective employers and employees. Once legalized, the Consulate-General will return all documents to the employers for further processing with the Department of Employment.
Documents to be submitted to the Consulate-General
1. Employment Contract – between the employees (Thai workers) and the employer. The contract of employment must be an original (no photocopies) and must specify in full detail all the employment conditions.
2. A copy of valid Business License of the employer/company
3. A Copy of Labour Market Opinion (LMO) or A Copy Labour Market Impact Assessment (LMIA) – from Service Canada approving the hiring of the Thai foreign workers.
4. Copy of Employees Passport(s)
5. Legalization application form
6. Legalization Fee of $ 15 CAD per stamp (Money order payable to "Royal Thai Consulate-General" only)
7. A copy of Employment Contract
8. A return envelope In case the recruitment is arranged through recruitment agencies or the Department of Employment,
9. Power of Attorney – to authorize private recruitment agencies or the Department of Employment to recruit workers and to apply for visas. This should be typed on your company letterhead, stating your assignment of power of attorney. 10. Demand Letter – to private recruitment agencies or the Department of Employment. This document shall state the type of required workers, the nature of work, number of workers required and their qualifications and working conditions. This should be as detailed as possible and must include the number of workers required for each position, plus wages and other benefits. The work conditions stated in the demand letter must meet minimum standards (outlined above).
Document No. 1, 2 (and 9, 10 if applicable) Must be notarized by a notary public. In addition, to obtain a certificate of authentication, they must be authenticated by the appropriate authorities for your province.
1. In Alberta, contact Deputy Provincial Secretary's Office Room 111, 9833 - 109 Street Edmonton, Alberta T5K 2E8 Tel: 780-427-5069 http://justice.alberta.ca/programs_services/official/Pages/authentication.aspx
2. In British Columbia If the document was notarised by a lawyer, contact: The Law Society of British Columbia 845 Cambie Street Vancouver, B.C. V6B 4Z9 Tel: (604) 669-2533 Toll-free within B.C. 1-800-903-5300 Website: http://www.lawsociety.bc.ca If the document was notarised by a notary public, contact: The Society of Notaries Public of British Columbia Suite 1220-625 Howe Street Box 44, Vancouver BC V6C 2T6 Tel: (604) 681-4516 Fax: (604) 681-7258 Website: http://www.notaries.bc.ca
3. In Victoria, contact Order in Council Administration Office Ministry of Attorney General Attention: Authentication Clerk 1001 Douglas Street Victoria, BC V8W 2C5 Tel: 250-387-4376 Email: BCAuthentication@gov.bc.ca Website: http://www.ag.gov.bc.ca/authentication/index.htm
4. In Yukon, contact Corporate Affairs 307 Black Street, 1st Floor, Whitehorse, Y1A 2N1 Tel: (867) 667 - 5314 Toll Free (In Yukon): 1 – 800 – 661 – 0408 local #5314 Fax: (867) 393 - 6251 Email: firstname.lastname@example.org Website: www.community.gov.yk.ca/corp/index.html