Employer of Record Thailand: The Complete 2026 Guide

How startups and SMEs can hire employees in Thailand legally and compliantly without registering a Thai limited company, navigating work permit ratios, or managing Social Security Fund contributions from abroad.

Table of Contents

What Is an Employer of Record (EOR)?

An Employer of Record (EOR) is a third-party organisation that becomes the legal employer of your workers in a given country in this case, Thailand. You select the talent, define the role, and manage day-to-day work. The EOR handles everything else: employment contracts under the Labour Protection Act B.E. 2541 (1998) and its amendments, Social Security Fund (SSF) contributions, payroll processing, Personal Income Tax (PIT) withholding, and for foreign hires work permit and Non-B visa sponsorship.

The EOR’s registered Thai juristic entity name appears on the employment contract and the Social Security Office (SSO) register. Your company name appears on the work brief, the deliverables, and the reporting line. You retain full operational control without any of Thailand’s employer compliance obligations falling on you directly.

EOR is a fully legal employment model in Thailand. The EOR operates as a registered Thai juristic person enrolled with the Social Security Office (SSO) as an employer and registered with the Revenue Department for PIT withholding. Workers engaged through an EOR have full protections under the Labour Protection Act, including minimum wage rights, annual leave, sick leave, public holidays, severance pay, and maternity leave entitlements.

How EOR Works in Thailand: Step by Step

Thailand’s employment compliance framework is structured and manageable but the work permit process for foreign nationals introduces a set of requirements that new market entrants consistently underestimate. Here is the full EOR process from candidate selection to ongoing management.

Step 1: You Identify the Candidate

You run your own recruitment process and select the person you want to hire, whether a Thai national or a foreign professional requiring a work permit and Non-B visa. The EOR is not a recruitment agency. You bring the candidate; the EOR provides the compliant legal employment structure to bring them on board.

Step 2: Employment Contract Issued Under Thai Law

The EOR drafts a compliant employment contract under the Labour Protection Act B.E. 2541. Thailand does not distinguish between fixed-term and indefinite-term contracts in the same way as other ASEAN markets but contract type affects severance obligations significantly. Fixed-term contracts for a defined project or task expire without severance; indefinite-term contracts require severance pay on termination without cause based on length of service. The EOR advises on the appropriate contract structure for the role and ensures all mandatory provisions are included.

Step 3: SSF Registration & Work Permit (If Applicable)

For Thai national hires, the EOR registers the employee with the Social Security Office (SSO) within 30 days of the employment start date. For foreign hires, the EOR initiates the Non-B visa application process — typically via a Thai consulate in the candidate’s home country — and then submits the work permit application to the Department of Employment (DOE) after the candidate arrives in Thailand. The EOR’s existing Thai headcount satisfies the 4:1 ratio requirement on your behalf.

Step 4: Monthly Payroll & PIT Withholding

Each month, the EOR processes payroll, calculates and withholds Personal Income Tax (PIT) according to the progressive schedule, deducts the employee’s SSF contribution (5%, capped at THB 750/month), and remits all amounts to the Revenue Department and SSO on time. Employees receive their net salary and a pay slip. You receive a consolidated invoice with full itemisation of statutory and service costs.

Step 5: HR Administration & Ongoing Compliance

The EOR manages annual leave (minimum 6 days after one year of service, with many employers offering 10–15 days as market norm), sick leave (up to 30 days paid per year), public holidays (13 national public holidays per year), and probation period compliance (typically 119 days — one day short of the 120-day threshold at which full severance entitlement begins). The EOR also manages work permit renewals annually and monitors any updates to the Labour Protection Act, minimum wage revisions, and SSF rate changes.

Social Security Fund (SSF), Workmen's Compensation & PIT in 2026

Thailand’s statutory compliance framework is straightforward compared to Indonesia or Vietnam but it requires accurate management of three distinct obligations: Social Security Fund contributions, Workmen’s Compensation Fund, and Personal Income Tax withholding. Here is the complete picture for 2026.

Social Security Fund (SSF) — กองทุนประกันสังคม

The SSF is Thailand’s mandatory social security programme, providing health, maternity, disability, death, child allowance, old-age, and unemployment benefits to enrolled employees. Contributions are calculated as a percentage of salary but are capped at a low absolute ceiling, making Thailand’s employer SSF burden the most modest in ASEAN.

ContributionMonthly Salary CeilingMaximum Monthly Amount
Employer SSF contributionTHB 17,500 THB 875 / month
Employee SSF contributionTHB 17,500 THB 875 / month

For employees earning above THB 17,500/month, both employer and employee contributions are capped at THB 875/month regardless of actual salary. SSF must be remitted by the 15th of the following month.

Foreign nationals employed in Thailand with a valid work permit are enrolled in the SSF from the start of their employment. Both employer and employee contributions apply on the same basis as Thai nationals.

Workmen’s Compensation Fund (WCF) — กองทุนเงินทดแทน

Separate from the SSF, the Workmen’s Compensation Fund provides benefits for work-related injuries, illness, and death. It is employer-funded only, no employee deduction applies.

Risk CategoryEmployer Contribution RateTypical Sector
Category 1 (Lowest risk)0.2% of annual wagesOffice, administration, financial services, technology
Category 20.5% of annual wagesRetail, wholesale, transportation (light)
Category 31.0% of annual wagesLight manufacturing, warehousing
Category 41.5% of annual wagesHeavy industry, construction
Category 5 (Highest risk)2.0% of annual wagesMining, quarrying, high-risk manufacturing

For most EOR clients in technology, financial services, and professional services, the WCF rate is 0.2% of annual wages, a modest cost. The WCF is paid annually and administered by the SSO.

Personal Income Tax (PIT) — ภาษีเงินได้บุคคลธรรมดา

Thailand uses a progressive PIT schedule for tax residents, individuals present in Thailand for 180+ days in a tax year, or who have income sourced from Thailand. The schedule has eight brackets and is applied to annual taxable income after standard deductions.

Annual Taxable Income (THB)PIT RateTax on This Bracket
0 – 150,0000% (exempt)
150,001 – 300,0005%Up to THB 7,500
300,001 – 500,00010%Up to THB 20,000
500,001 – 750,00015%Up to THB 37,500
750,001 – 1,000,00020%Up to THB 50,000
1,000,001 – 2,000,00025%Up to THB 250,000
2,000,001 – 5,000,00030%Up to THB 900,000
Above 5,000,00035%

Key deductions that reduce taxable income before rates apply include: an employment income deduction of 50% of income (capped at THB 100,000/year), a personal allowance of THB 60,000/year, a spouse allowance of THB 60,000/year (if applicable), and child deductions of THB 30,000 per child. An EOR withholds PIT monthly based on a projected annual income calculation and remits to the Revenue Department by the 7th of the following month (15th for e-filing).

Minimum Wage — 2026

Thailand’s daily minimum wage is set provincially and revised periodically by the Wage Committee. Bangkok and major economic zones typically carry the highest rates.

RegionDaily Minimum Wage (THB)Monthly Equivalent (26 days)
Bangkok & highest-rate provinces

(Bangkok, Phuket, Chon Buri, Chachoengsao, Rayong, and Koh Samui District)
400~THB 10,400
Mid-range provinces
Specific districts in Chiang Mai (Mueang) and Songkhla (Hat Yai), Nakhon Pathom, Nonthaburi, Pathum Thani, Samut Prakan, Samut Sakhon.
370 – 390~THB 9,620 – 10,140
Lower-rate provinces338 – 363~THB 8,788 – 9,438

Work Permits & Non-B Visa: Sponsoring Foreign Workers via EOR

Thailand’s work authorisation system for foreign nationals is sequential: the Non-B (Non-Immigrant B) visa must be obtained before a work permit can be issued in Thailand. Both are employer-linked and both require the sponsoring employer to meet specific eligibility criteria, most notably the 4:1 ratio rule. This is the area where EOR delivers its most distinctive value for companies hiring foreign talent in Thailand.

The 4:1 Ratio Rule — Thailand’s Key Work Permit Constraint

For every foreign national an employer wishes to sponsor for a work permit, the company must have at least four Thai employees on its payroll. A company with zero Thai employees cannot sponsor any foreign workers. A company with four Thai employees can sponsor one foreigner. Eight Thai employees, two foreign workers, and so on.

For a new market entrant without any Thai headcount, this creates a catch-22: you need a foreign employee to help build the business, but you cannot sponsor them until you have Thai employees, but you cannot engage Thai employees without a local entity. EOR breaks this cycle entirely, the EOR’s own Thai workforce satisfies the ratio on your behalf, allowing your foreign hire to be sponsored from day one.

Step-by-Step: Non-B Visa & Work Permit Process

Work Permit Timeline at a Glance

StepAgencyProcessing Time
1. Non-B visa application (abroad)Thai Consulate / Embassy5–10 business days
2. Entry into Thailand on Non-B visaThai ImmigrationDay of travel
3. Work permit applicationDepartment of Employment (DOE)7–14 business days
4. Work permit card issuedDOEIncluded in step 3
Total Typical Timeline3–5 weeks end to end

Prohibited Occupations for Foreign Workers

Thailand maintains a list of occupations reserved exclusively for Thai nationals under the Foreign Business Act and related regulations. Foreign workers are prohibited from working in roles including: rice farming and certain agricultural work, livestock raising, forestry, fishing in Thai waters, Thai herb extraction, certain types of trading, accounting services (standard bookkeeping), legal services, architectural work, civil engineering, and several others. The full list is published by the Department of Employment.

EOR vs Setting Up a Thai Entity: Which Is Right for You?

Establishing a Thai Limited Company (บริษัทจำกัด) or a Branch Office is the standard path for foreign companies with long-term operating intentions in Thailand. The process is relatively straightforward by ASEAN standards, and there is no minimum paid-up capital equivalent to Indonesia’s PT PMA requirement. But setup still takes time, carries ongoing obligations, and critically does not immediately solve the work permit ratio problem for a company starting with zero Thai employees.

FactorEORThai Limited Company (Own Entity)
Setup Time3–7 business days to first hire4–8 weeks (MOC registration, BOJ account, tax registration, SSO registration)
Minimum CapitalNoneTHB 2,000,000 registered capital required to sponsor each foreign work permit (foreign majority-owned companies)
Thai Shareholder RequirementNot applicableForeign Business Act restricts majority foreign ownership in many sectors; Thai shareholders holding 51%+ required for restricted activities unless BOI-promoted or holding a Foreign Business Licence (FBL)
Work Permit SponsorshipYes — via EOR's existing Thai headcount ratioYes — once company has 4 Thai employees per foreign worker and THB 2M registered capital per foreign hire
Ongoing ComplianceFully managed by EORMonthly VAT filing, annual CIT return, annual financial audit, SSO monthly reporting, annual shareholder meeting
Foreign Business Act RestrictionsEOR handles its own licensing; your sector activity restrictions remainSome business activities restricted to Thai majority-owned companies; BOI promotion can waive some restrictions
BOI PromotionNot available via EORBOI-promoted companies receive tax exemptions, unrestricted foreign ownership, additional work permit quotas — relevant for qualifying sectors
Commercial ContractingEOR name on employment contracts onlyYour Thai company name on all commercial and employment contracts
Best For<12–15 employees; market entry; foreign talent placement before Thai headcount is built15+ employees; long-term commitment; commercial operations; BOI-eligible activities; local client contracting

Thailand’s Foreign Business Act and the THB 2,000,000 registered capital per foreign work permit requirement mean that a new Thai company with one foreign employee needs THB 2 million in registered capital on paper, a meaningful commitment for an early-stage team. Combined with the 4:1 ratio constraint (which requires four Thai employees before a single work permit can be issued), a brand new Thai entity cannot sponsor even one foreign worker immediately. EOR removes both constraints from day one.

How Much Does EOR Cost in Thailand?

Thailand has the most favourable statutory cost structure in Gotpaid’s ASEAN coverage region. The SSF cap of THB 750/month means employer social contributions are largely irrelevant to total cost modelling, the EOR service fee and the employee’s gross salary are the two figures that drive your budget.

Cost ComponentTypical RangeNotes
EOR Monthly Service FeeUSD 249 – USD 499 / employee / monthVaries by provider, role, and whether work permit sponsorship is required
SSF Employer Contribution5% of salary, max THB 875 / monthCapped regardless of salary level; applies to Thai nationals and foreign nationals with work permits
Workmen's Compensation Fund (WCF)0.2% – 2% of annual wagesOffice / professional roles: 0.2%. Paid annually. Employer-only contribution.
Work Permit Government FeeTHB 3,000 / yearDOE fee; per foreign employee; renewable annually
Non-B Visa FeeTHB 2,000 (approx.) at Thai consulateOne-time; varies slightly by issuing country
Visa Extension (Annual)THB 1,900 at Immigration BureauRenewable annually alongside work permit
Provident Fund (PVD)2% – 15% of salary (voluntary)Optional. Increasingly expected by professional-level Thai candidates. If offered, must be consistent across comparable employee groups.
Total Employer Cost (Thai National)~17% above gross salaryEOR service fee (mid-range ~USD 349 ≈ THB 12,600) + SSF THB 875 + WCF. Percentage varies significantly by salary level as EOR fee is flat.

A Note on Provident Fund (PVD)

Thailand’s Provident Fund is voluntary, neither employers nor employees are required to participate. However, at professional salary levels in Bangkok, PVD has become a standard retention tool. Market practice in the technology and financial services sectors is an employer contribution of 5–10% of salary, matched by an employee contribution of the same amount. If you choose to offer PVD through your EOR, the contribution structure must be applied consistently across comparable employee groups to avoid discrimination claims under the Labour Protection Act.

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How to Choose the Right EOR Provider in Thailand

Thailand is a market where the compliance framework is relatively lean, but work permit management requires genuine local expertise and an established Thai headcount that enables the 4:1 ratio. Here is what to evaluate:

Thai Headcount for the 4:1 Ratio

This is the single most important question to ask any EOR provider in Thailand before you discuss pricing. How many Thai employees does the provider have on its own payroll? This number determines how many foreign workers the provider can sponsor across all its client companies combined. A provider with 20 Thai employees can sponsor a maximum of five foreign workers across its entire client base which creates real capacity constraints. Ask for a specific number and confirm there is available quota for your hire.

DOE Application Track Record

The Department of Employment is specific about documentation requirements, occupation code accuracy, and company financial eligibility. Providers with a strong DOE track record know which occupation descriptions are accepted for common roles, how to structure the financial documentation review, and how to handle the occasional requests for additional information. First-time rejection rates at the DOE are lower for experienced providers and a rejection adds 2 to 4 weeks to your hire timeline.

SSF and PIT Accuracy

While Thailand’s SSF contribution is capped and simple, PIT calculation is more nuanced, particularly for employees with multiple income sources, significant deductions, or mid-year start dates that affect annual income projections. An EOR that runs monthly PIT withholding accurately saves employees from large year-end PIT settlement payments and builds trust in the payroll process.

Severance Calculation Competence

Thailand’s severance pay schedule under the Labour Protection Act is tiered by length of service and was updated by the 2019 amendment to the Act. For employees with more than 20 years of service, severance is now 400 days’ wages, the highest tier. Termination without cause for an employee who was incorrectly classified, or where probation period management was mishandled, can result in significant unplanned severance liability. An EOR that understands termination risk and advises proactively is worth the service fee several times over.

Regional ASEAN Coverage

Thailand is typically one of several ASEAN markets companies enter in a regional expansion. If you are building a distributed team across Southeast Asia, your EOR should have genuine in-country operations, not reseller relationships in all your target markets. Gotpaid.asia operates dedicated in-country teams across Thailand, Singapore, Malaysia, Indonesia, and Vietnam, with a single regional point of contact for payroll and compliance.

Frequently Asked Questions

What is an Employer of Record (EOR) in Thailand?

An Employer of Record (EOR) in Thailand is a third-party company that becomes the legal employer of your workers under the Labour Protection Act B.E. 2541, while you retain full operational control. The EOR handles Social Security Fund (SSF) contributions, PIT withholding, employment contracts, Workmen’s Compensation Fund, and for foreign hires work permit and Non-B visa sponsorship. This allows foreign companies and startups to hire in Thailand without registering a Thai limited company or branch office.

Thailand requires that for every foreign national an employer sponsors for a work permit, the company must have at least four Thai nationals on its payroll. A new Thai entity with no Thai employees cannot sponsor any foreign workers until it has hired four Thai nationals. An EOR with a large Thai employee base satisfies this ratio on behalf of its client companies, meaning your foreign hire can be sponsored from day one, regardless of your own Thai headcount. This is one of the most valuable practical benefits of EOR in Thailand.

EOR service fees in Thailand typically range from USD 249 to USD 499 per employee per month. Statutory employer costs are the lowest in ASEAN, the SSF employer contribution is capped at THB 750/month regardless of salary, and the WCF for office roles is 0.2% of annual wages. Work permit government fees are THB 3,000/year per foreign employee. The Provident Fund (PVD) is voluntary but increasingly expected by professional-level candidates in Bangkok. Contact Gotpaid.asia for a full itemised quote.
Thailand’s Labour Protection Act (as amended in 2019) sets severance pay for employees terminated without cause on a tiered scale based on length of service: 30 days’ wages (under 1 year), 90 days’ wages (1–3 years), 180 days’ wages (3–6 years), 240 days’ wages (6–10 years), 300 days’ wages (10–20 years), and 400 days’ wages (20+ years). Severance is calculated on the employee’s last rate of pay. Employees terminated during probation (typically the first 119 days) do not attract severance entitlements, which is why accurate probation period management matters.
Yes. An EOR withholds PIT monthly from employee salaries based on a projected annual income calculation, remits to the Revenue Department by the 7th of the following month (15th for e-filing), and handles the annual PIT return process. For foreign employees, the EOR confirms residency status (180+ days in a tax year determines tax resident vs non-resident treatment) and applies the correct deduction and rate structure. Accurate monthly withholding prevents large year-end settlement amounts for employees.
Yes, EOR is a legal employment model in Thailand. The EOR operates as a registered Thai juristic person enrolled with the Social Security Office (SSO) and the Revenue Department. Workers engaged through an EOR have full protections under the Labour Protection Act B.E. 2541 and its 2019 amendments, including minimum wage rights, SSF coverage, annual leave, sick leave, 13 public holidays, maternity leave, and severance entitlements. The EOR model is widely used by regional holding companies, international startups, and multinational companies entering the Thai market.
The Foreign Business Act B.E. 2542 (1999) restricts foreign majority ownership in certain business activities in Thailand, categorised across three annexes. Many service, retail, and professional activities require Thai majority shareholders (51%+) unless the company holds a Foreign Business Licence or a BOI promotion. An EOR is not a workaround for Foreign Business Act restrictions on commercial activities, it only solves the employment and work permit structure. If your intended Thai operations involve restricted activities, you will need legal advice on the appropriate corporate structure regardless of whether you use EOR for employment.

Use EOR when: you need to hire in Thailand within weeks; you are validating the Thai market before committing to a permanent entity; your headcount is fewer than 12 to 15 employees; you need to sponsor foreign workers before you have built a Thai employee base for the 4:1 ratio; or you need to avoid the Foreign Business Act structuring complexity at the early stage. Consider transitioning to a Thai limited company when you exceed 15 employees, need to sign commercial contracts in your own company name, are eligible for BOI promotion, or plan long-term commercial operations in Thailand requiring a permanent registered presence.

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Official Government Resources Referenced in This Article: