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.
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.
| Contribution | Monthly Salary Ceiling | Maximum Monthly Amount |
|---|---|---|
| Employer SSF contribution | THB 17,500 | THB 875 / month |
| Employee SSF contribution | THB 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 Category | Employer Contribution Rate | Typical Sector |
|---|---|---|
| Category 1 (Lowest risk) | 0.2% of annual wages | Office, administration, financial services, technology |
| Category 2 | 0.5% of annual wages | Retail, wholesale, transportation (light) |
| Category 3 | 1.0% of annual wages | Light manufacturing, warehousing |
| Category 4 | 1.5% of annual wages | Heavy industry, construction |
| Category 5 (Highest risk) | 2.0% of annual wages | Mining, 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 Rate | Tax on This Bracket |
|---|---|---|
| 0 – 150,000 | 0% (exempt) | — |
| 150,001 – 300,000 | 5% | Up to THB 7,500 |
| 300,001 – 500,000 | 10% | Up to THB 20,000 |
| 500,001 – 750,000 | 15% | Up to THB 37,500 |
| 750,001 – 1,000,000 | 20% | Up to THB 50,000 |
| 1,000,001 – 2,000,000 | 25% | Up to THB 250,000 |
| 2,000,001 – 5,000,000 | 30% | Up to THB 900,000 |
| Above 5,000,000 | 35% | — |
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.
| Region | Daily 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 provinces | 338 – 363 | ~THB 8,788 – 9,438 |
Official Sources:
- Social Security Office (SSO) — SSF Contributions & Workmen’s Compensation
- Revenue Department — Personal Income Tax (PIT)
- Department of Employment (DOE) — Work Permits
- Department of Labour Protection & Welfare (DLPW) — Labour Protection Act
- Thai Immigration Bureau — Non-B Visa & Annual Extensions
- Thailand Board of Investment (BOI) — Promoted Business & Incentives
- Department of Business Development (DBD) — Company Registration
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
| Step | Agency | Processing Time |
|---|---|---|
| 1. Non-B visa application (abroad) | Thai Consulate / Embassy | 5–10 business days |
| 2. Entry into Thailand on Non-B visa | Thai Immigration | Day of travel |
| 3. Work permit application | Department of Employment (DOE) | 7–14 business days |
| 4. Work permit card issued | DOE | Included in step 3 |
| Total Typical Timeline | — | 3–5 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.
| Factor | EOR | Thai Limited Company (Own Entity) |
|---|---|---|
| Setup Time | 3–7 business days to first hire | 4–8 weeks (MOC registration, BOJ account, tax registration, SSO registration) |
| Minimum Capital | None | THB 2,000,000 registered capital required to sponsor each foreign work permit (foreign majority-owned companies) |
| Thai Shareholder Requirement | Not applicable | Foreign 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 Sponsorship | Yes — via EOR's existing Thai headcount ratio | Yes — once company has 4 Thai employees per foreign worker and THB 2M registered capital per foreign hire |
| Ongoing Compliance | Fully managed by EOR | Monthly VAT filing, annual CIT return, annual financial audit, SSO monthly reporting, annual shareholder meeting |
| Foreign Business Act Restrictions | EOR handles its own licensing; your sector activity restrictions remain | Some business activities restricted to Thai majority-owned companies; BOI promotion can waive some restrictions |
| BOI Promotion | Not available via EOR | BOI-promoted companies receive tax exemptions, unrestricted foreign ownership, additional work permit quotas — relevant for qualifying sectors |
| Commercial Contracting | EOR name on employment contracts only | Your Thai company name on all commercial and employment contracts |
| Best For | <12–15 employees; market entry; foreign talent placement before Thai headcount is built | 15+ 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 Component | Typical Range | Notes |
|---|---|---|
| EOR Monthly Service Fee | USD 249 – USD 499 / employee / month | Varies by provider, role, and whether work permit sponsorship is required |
| SSF Employer Contribution | 5% of salary, max THB 875 / month | Capped regardless of salary level; applies to Thai nationals and foreign nationals with work permits |
| Workmen's Compensation Fund (WCF) | 0.2% – 2% of annual wages | Office / professional roles: 0.2%. Paid annually. Employer-only contribution. |
| Work Permit Government Fee | THB 3,000 / year | DOE fee; per foreign employee; renewable annually |
| Non-B Visa Fee | THB 2,000 (approx.) at Thai consulate | One-time; varies slightly by issuing country |
| Visa Extension (Annual) | THB 1,900 at Immigration Bureau | Renewable 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 salary | EOR 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.
What is the 4:1 ratio rule for work permits in Thailand?
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.
How much does EOR cost in Thailand?
What are the severance pay entitlements in Thailand?
Does an EOR handle PIT (Personal Income Tax) in Thailand?
Is EOR legal in Thailand?
What is the Foreign Business Act and how does it affect hiring in Thailand?
When should I use EOR instead of setting up a Thai company?
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:
- Social Security Office (SSO) — SSF Contributions & Workmen’s Compensation
- Revenue Department — Personal Income Tax (PIT)
- Department of Employment (DOE) — Work Permits
- Department of Labour Protection & Welfare (DLPW) — Labour Protection Act
- Thai Immigration Bureau — Non-B Visa & Annual Extensions
- Thailand Board of Investment (BOI) — Promoted Business & Incentives
- Department of Business Development (DBD) — Company Registration