Section 31

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Coercive, unfair or deceptive recruitment

Section 31 outlines the procedures and requirements for a recruitment agency to be able to recruit workers to work overseas, which include, significantly, for the recruitment agency to be established as a limited company or public limited company.

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Section 31. The applicant for the overseas employment licence shall be a limited company or public limited company and shall have the qualifications and not be under the prohibitions as follows:

(1) its registered and paid up capital shall be prescribed by the ministerial regulations, but shall not be less than one million Baht;

(2) its capital belongs to shareholders of Thai nationality for not less than three-quarters of the total capital, and the number of shareholders of Thai nationality shall not be less than three quarters of the total number of the shareholders;

(3) not being a licensee of the employment licence;

(4) not being under a suspension period in the case where the employment licence of a licensee has been suspended;

(5) not being a licensee whose employment license has been revoked;

(6) its manager having the qualifications and not being under the prohibitions as prescribed under Section 9; and

(7) giving money to the registrar as security for the execution of this Act in an amount as prescribed by the ministerial regulations which shall not equal less than five hundred thousand baht.

Law /Thailand / Employment and Job Seeker Protection Act B.E. 2528 (1985)

This Act is the primary piece of legislation regulating the operation of recruiters in Thailand.  The Act has been amended a number of times to deal with the increasing numbers of overseas employment service businesses setting up in Thailand, and complaints of employment services businesses engaging in fraud and deceptive conduct.  However the effect of the Act remains somewhat limited and is generally considered to be restricted in application to outbound Thai migrant workers.  The International Labour Organisation and NGOs have therefore recommended its expansion to provide explicit protection to inbound migrant workers from other countries.