BOI Updates Employment Conditions for Foreign Workers in Promoted Projects: What Businesses Need to Know
HLB Thailand Legal Team
BOI Updates Employment Conditions for Foreign Workers in Promoted Projects: What Businesses Need to Know
To promote domestic workforce development, enhance knowledge transfer, and ensure a balanced share of Thai employees in investment-promoted projects, Thailand’s Board of Investment (BOI) has launched a new framework regulating the employment of foreign workers in promoted businesses.
The new conditions are set out in Announcement No. Por.8/2568 of the Office of the Board of Investment, Criteria for Approval of Positions for Foreign workers, Placement of Foreign workers in Approved Positions, and Extension of Position Terms and Personnel.
This announcement officially cancels the previous Announcement No. Por.3/2567 dated 9 August 2024, which previously governed the criteria for foreign national positions and extensions
Key Definitions (from BOI Announcement No. Por.8/2568)
| Term | Definition |
|---|---|
| Foreign National | A skilled worker or expert of foreign nationality employed full-time in a BOI-promoted activity, permitted under Sections 25 and 26 of the Investment Promotion Act. |
| Thai Personnel |
Thai national employees hired full-time, registered under social security by the BOI-promoted company. |
| Total Employment |
The combined number of Thai and foreign personnel employed by the BOI-promoted company. |
| Executive-Level Position |
Includes titles such as Chairman, President, CEO, CFO, COO, CTO, Managing Director, and similar senior roles. |
| Management-Level Position |
Includes roles such as Production Manager, Factory Manager, Assistant Managing Director, etc. |
| Operation-Level Position |
Covers roles like Supervisor, Engineer, Technician, Analyst, Software Developer, and Operator.Legal Basis: Sections 25 and 26 of the Investment Promotion Act |
Sections 25 and 26 of the Investment Promotion Act allow BOI-promoted companies to employ skilled foreign workers beyond normal immigration quotas. Work permits are tied directly to BOI-approved positions and the duration of the investment promotion. Businesses must also follow electronic application procedures under BOI Announcement No Por. 3/2560.
Section 25 authorizes promoted companies to bring in skilled foreign workers, experts, and their dependents, even if this exceeds standard immigration quotas.
Section 26 allows these foreign experts to be granted a work permit tied directly to their BOI-approved position and the duration of the investment promotion.
Key Employment Ratio Requirements
Approval of foreign national positions will primarily consider factors including the type of business, technology level, manufacturing or service processes, and the proportion of Thai personnel employed
In addition, the positions must be for those facing a shortage of qualified Thai personnel.
The Announcement introduces employment ratio thresholds for foreign staff as follows:
| Case | Description |
|---|---|
|
Case 1: Large Manufacturing Operations |
If a company employs more than 100 people (Thai and foreign combined), at least 70% of employees must be Thai nationals. |
| Case 2: Smaller Businesses and Service Activities |
Manufacturing businesses with 100 or fewer employees and all service activities are not subject to the Thai-to-foreign workers ratio requirement. |
| Case 3: Short-Term Positions (not exceeding 6 months) |
Positions held for 6 months or less are exempt from the Thai employment ratio requirement, and also from the minimum salary, age, education, and experience conditions. |
| Case 4: Strategic or Exceptional Cases |
Projects of national or strategic importance that cannot meet the required ratio may submit a case-by-case exemption request to the BOI. |
Once a promoted project reaches full operational status, companies are expected to reduce the number of foreign workers in operation-level roles to a level deemed appropriate by the Office of the Board of Investment (OBOI).
Permitted Roles for Foreign Workers in BOI-Promoted Projects
The BOI specifies qualification and experience criteria tailored to different role categories to ensure foreign hires add substantial expertise.
| Role Category | Qualification Requirements |
|---|---|
|
Executives & Senior Management |
At least 5 years of relevant experience or degree in related field |
| Functional Managers |
Same as above |
| Engineers |
Engineering degree + 2 years' experience OR no degree + 10 years' experience |
| IT Specialists |
Tech-related degree + 2 years' experience OR no degree + 5 years' experience |
| Science & Tech Researchers |
Degree + 2 years' relevant experience OR unrelated degree + 5 years’ experience |
| Skilled Technicians & Operators |
Relevant experience, assessed individually |
| Workstation-based Operators (IBPO) |
Age ≥ 22, relevant training, 35,000 THB+ salary, must be in IBPO or TISO with IBPO activities |
| Teachers & Pilots |
Valid professional license required; approval tied to license validity |
Notes:
- All candidates are assessed based on age, education, and relevant experience.
- Management roles generally require a degree or minimum of 5 years’ related experience.
Minimum Monthly Salary Requirements
To ensure foreign workers bring substantial value and expertise, the BOI enforces the following minimum salary thresholds, which vary by job level and qualifications:
| Position Type | Minimum Monthly Salary |
|---|---|
| Executive level (excluding CEO, MD, Chairman, etc.) | 150,000 THB or higher |
| Management, engineers, researchers, IT specialists |
75,000 THB+, or 50,000 THB+ for bachelor’s degree holders in a directly related field |
| Operational technicians and skilled labor |
50,000 THB+ |
| Workstation operators (IBPO/TISO with IBPO activity) |
35,000 THB+ |
Note: CEO, President, Managing Director, and Chairman are exempt from the age and experience criteria, but must meet the income requirement.
The 50,000 THB minimum applies to foreign workers holding a bachelor's degree in a directly related field who also meet age and experience criteria. Those not meeting these conditions must meet the 75,000 THB minimum. Executive roles like CEO, MD, Chairman are exempt from age and experience conditions but must still meet BOI’s income standard.
These salary benchmarks support the BOI’s goal of attracting highly qualified foreign professionals, maintaining fair wages, and fostering long-term development of the Thai workforce.
For New Foreign Personnel Applications
| Business Type | Max Approval Term |
|---|---|
| General projects | 2 years |
| International Business Process Outsourcing (IBPO) Operators, Trade and Investment Support Office (TISO), Business Processing Outsourcing (BPO) | 1 year (except IBPO Operators, which follow workstation limits) |
| International Headquarters (IHQ), International Trading Center (ITC), International Business Center (IBC), Research and Development (R&D), Tech Development, Electronic Design |
4 years |
Additional Notes:
- Workstation-based operator positions are limited to the number of workstations listed in the BOI promotion certificate.
- Job roles must align with BOI salary and qualification criteria.
For Position Renewals / Extensions
To extend the term of a previously approved foreign personnel position, BOI will consider:
- Expansion of business operations or production/service activities
- Improvements in technology, efficiency, or product standards
- Proportion of Thai personnel employed
- Ongoing need due to the shortage of qualified Thai professionals
Income Verification for Renewals:
| Employment Duration | Required Form for Income Verification |
|---|---|
| More than 1 year | P.N.D.1 Kor form |
| Less than 1 year | 1 year (except IBPO Operators, which follow workstation limits) |
Effective Dates
| Effective Date | Applicability |
|---|---|
| 1 October 2025 | Applies to businesses that receive a BOI promotion certificate on or after this date. These businesses must comply with the new employment conditions immediately. |
| 1 January 2026 | Applies to businesses that received their promotion certificate before the new rules were announced. |
Strategic Takeaways for Promoted Businesses
Thailand continues to welcome international professionals, but under a policy framework that strengthens local workforce development.
To remain compliant and competitive:
- Plan foreign hiring strategically
- Align salary structures and job roles with BOI criteria
- Ensure accurate documentation for approvals and renewals
Non-compliance may result in delays or rejections of visa/work permit approvals and renewals—making it vital for businesses to act now and prepare accordingly.
Need Help Navigating the Changes?
Our advisory team can help you structure your workforce strategy in full compliance with BOI regulations—whether you’re preparing a new application or adapting to an existing project.
Link to Official Announcement in Thai with an unofficial translation in English.
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