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Old 20th August 2008, 11:17   #1 (permalink)
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Icon5 direct deposits in BKK Bank, working illegally ?

ehm,

a buddy of mine has a BKK Bank account that a corporate has been depositing his pay into for the past several months. they label it 'Company Salary'

however, he's working illegally. should this be a concern?

thanks in advance.
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Old 20th August 2008, 11:45   #2 (permalink)
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Re: direct deposits in BKK Bank, working illegally ?

According to current immigration law, your friend is working here illegally. He first needs a work permit and non-immigration B visa to qualify for a legally paying postion in any company. Prior to obtaining these, you should also fulfil the minimum requirements for the job. If a teaching postion, there are a number of minimum requirements, including a verifiable degree, teaching license, but they are not always consistently applied.

If not in education, other work permits are issued by the Board of Industry, (BOI). I understand that the minimum requirements for such are more flexible and can be defined by the company employing you.

However, I am aware that many language centres and even schools usually require a probationary period of three months, before offering a full time contract. This creates a catch 22 situation, whereby you cannot apply for a work permit and non-imm. B visa before successful completion of the three month period. They often, however begin the application process toward the end of the three months, but not before.

But they will pay you, and usually have an 'arrangement' with a local bank, whereby a bank account account can be opened but without the need for a valid work permit and non-imm. B visa. This is technically illegal.

Another point, your friend may being paying tax; if so, he will have been given a tax ID number by the Thai IRS. This too doesn't make sense as he is not legally registered to work.

Going around in circles? Confused? What to do? Yes, yes and do nothing.

There should be a Thai member of staff in his company who deals with all of these matters, and this is the person your friend should talk to.
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Old 20th August 2008, 16:11   #3 (permalink)
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Re: direct deposits in BKK Bank, working illegally ?

I defer to Johnh's appreciation of the situation, but I'd be taking the money out as fast as they're putting it in.
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Old 20th August 2008, 16:26   #4 (permalink)
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Re: direct deposits in BKK Bank, working illegally ?

Not all banks require work permit and Non-Imm B.
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Old 20th August 2008, 16:40   #5 (permalink)
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Re: direct deposits in BKK Bank, working illegally ?

Quote:
Originally Posted by Johnh View Post
Another point, your friend may being paying tax; if so, he will have been given a tax ID number by the Thai IRS.
I am not sure that this is true. The first year I went to the Thai tax office to file the required form, the kind lady who filled out the form asked for my tax ID number. In my best imitation Thai, which I had written down and studies, I said: "My me." That was not a problem; the lady took me behind the counter and they got me a number and card right away.

I was in all regards legal at the time, but I don't think that I had a tax ID number before going to the tax office that day. It is possible, of course, that I had one and the people at the tax office simply looked it up on the computer, but it certainly didn't seem like they were checking anything in preparing my card for me.

As far as paying taxes even if you are not legal, that is exactly would be expected in America. In fact, even if you have income from illegal activies you are required to pay taxes on it. Al Capone wasn't convicted for murder or any other similar activity but for tax evasion.
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Old 20th August 2008, 18:29   #6 (permalink)
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Re: direct deposits in BKK Bank, working illegally ?

All the people I used to work with at governemnt school didn't have work permits and the agency paid money into their Bangkok bank accounts, can't really see it being an issue. Anyone been arrested or deported for this? I think not.
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Old 20th August 2008, 18:35   #7 (permalink)
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Re: direct deposits in BKK Bank, working illegally ?

No of course not. The bank is happy to have your account. The twain will never meet.
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