Criteria and Accompanying Documents when Employers Apply for Permission to Send Employees to Train Abroad for More than 45 Days

The opportunity to work abroad is considered a good one for many individuals. The process of working abroad must follow various legal procedures. There are overall 5 legal ways to work abroad, namely:

1. Through a job placement company
2. Through the Department of Employment
3. Traveling to work on one's own
4. Thai employers taking their employees to work abroad
5. Thai employers sending their employees for training abroad

     Regarding the point of "Thai employers sending their employees for training abroad", the following criteria must be followed:

1. Employers wishing to send their employees who work in the company's operations for training abroad for more than 45 days, with the employee receiving a lower salary or benefits than the rates and criteria set by the Director of the Department of Employment, or sending employees to train abroad for no more than 45 days, must first obtain permission from the Director or the person delegated by the Director.
2. Such sending of employees for training should not involve any collection of money or other benefits.
3. Employers who send their employees to train abroad must be responsible for their employees' return journey to the Kingdom.

The employer must prepare the following documents to request permission to send employees for overseas training:

1. Application for permission to send employees for overseas training (Form Jor Ngor 44), which must be fully completed.
2. Company registration certificate (not older than 6 months).
3. Shareholders list (Form Bor Oor Chor 5) (not older than 6 months).
4. Business permit (if any).
5. An invitation letter for overseas training from the foreign company or an agreement with the foreign company regarding employee dispatch. If the document is in a foreign language, it must be translated into Thai.
6. Overseas training curriculum.
7. Proof that the employee is an employee of the company, such as Por Ngor Dor 1 (for the last 6 months), or evidence of membership in the Social Security Fund, or a Social Security medical benefits card.
8. Proof of permission for the trainee to enter the country, such as a visa, NOC, etc.
9. Training contract, which at a minimum should specify the training duration, meal and accommodation provisions, airfare, medical expenses, allowance rate, salary payment in Thailand. The employer must pay the full salary to the employee who is training abroad, with the salary transferred to the employee's bank account in Thailand (4 original copies).
10. List of employees that the employer will send for overseas training, specifying the positions/fields of training.
11. List of employees who have been granted permission to be sent for overseas training (4 original copies).
12. In case the employer is not making the application in person, a power of attorney must be prepared, with the employer delegating someone to submit and handle the matter. This document (with a 30 baht stamp duty) must be accompanied by a copy of the delegator's ID card. The proxy must present their ID card to the official when making the application. All copies of documents must be made, and the original documents must be presented on the day of application.

     The employer or authorized person must sign every document and stamp the company seal (if any). The procedural steps as per the manual will commence once the official verifies that all the documents are complete. If the application or supporting documents are incomplete or defective, preventing consideration, the official will make a note of the defects or additional documents required. 

     The applicant must rectify and/or submit additional documents within the specified period, failing which the application will be deemed to have been abandoned by the official. The applicant or authorized person will sign the noted defects and will be provided with a copy of the defects as evidence. There will be a fee of 10 baht for the application, and the results will be informed to the applicant within 7 days after completion of consideration.

Data updated on June 17, 2023
Source: Ministry of Labour
Tel. +66 2232 1162