Employment contracts
An employment contract used for a work visa, a professional licence application, or proof of income abroad must name both parties, carry the signature of someone with real authority, and follow the certification chain the receiver specifies.
An employment contract is a private document. No Thai government body issues it or vouches for its contents at source. What certification can do is confirm that the signature on the contract belongs to the person who signed it in front of a Notarial Services Attorney — not that the terms are lawful or enforceable in the destination country. Getting this distinction right keeps expectations realistic and helps you pick the correct chain.
Under the Labour Protection Act B.E. 2541 (1998), a Thai employment contract need not be in writing; an oral contract is valid. But only a written document can enter the translation and legalisation chain. If nothing was ever put in writing, the practical fix is to have the employer issue a certificate of employment stating the position, dates and terms, and certify that document instead.
On the employer's side the signatory must be a director with signing authority per the DBD company affidavit, or an attorney-in-fact with a power of attorney attached. This is the single most common cause of rejection: an HR manager signs without any delegated authority. A Notarial Services Attorney will always ask for a recently issued company affidavit to prove the signatory held authority on the date of signing.
Plan the language question early. Where the contract is bilingual in one instrument and states which language governs, some receivers accept it without translation; many still require a translation legalised by the Department of Consular Affairs. The safe move is to obtain the receiver's requirement in writing first, then decide between a bilingual instrument and a Thai original plus translation.
Documents to prepare
- The original employment contract signed by all parties, including the signature page and every annex
- A recently issued company affidavit for the employer (DBD) showing the directors with signing authority
- A power of attorney if the signatory is not a director with direct signing authority
- ID card or passport of both the employer's signatory and the employee
- The employee's passport (spell the name exactly as it appears in destination paperwork)
- Any letter or email from the receiving authority stating the certification format it requires
Step order
- Get the receiver's requirement in writing: original, certified copy or certified translation, and in which language
- Assemble the complete contract and have the authorised signatory sign before a Notarial Services Attorney
- Have it translated by a translator who takes responsibility for the translation, with a translator's certificate attached
- Submit the translation for legalisation at the Department of Consular Affairs, Ministry of Foreign Affairs
- Where the destination country requires it, obtain endorsement from its embassy in Bangkok
- Once the Apostille Convention is in force for Thailand, check whether the destination is a party so the embassy step can be dropped
Pre-filing checklist
- The employee's name is spelled exactly as in the passport, character for character
- The employer's legal name matches the company affidavit, not a trading name
- The signature page is fully signed and bears the company seal where the affidavit requires one
- Position, start date and contract type (fixed-term or indefinite) are stated clearly
- Every annex referenced in the contract is attached, with no missing pages
Practical tips
- Always obtain a fresh company affidavit before the certification appointment; many receivers cap document age at six months
- For multi-page contracts, have the signatories initial every page — it removes any argument about substituted pages
- Keep high-resolution colour scans of everything certified; receivers frequently ask for electronic copies afterwards
- If the receiver is an immigration authority, prepare consistent supporting evidence such as payslips for the same period
Common pitfalls
- Letting HR sign for a director without a power of attorney, which makes signature certification impossible
- Sending an unsigned draft into the chain, forcing the whole set to be redone
- Translating the company name or job title inconsistently with your other documents, so the receiver reads it as a different entity
- Approaching the embassy before consular legalisation of the translation, which wastes a trip and resets the order
Frequently asked questions
Does Thai law require an employment contract to be in writing?
The Labour Protection Act B.E. 2541 (1998) does not require ordinary employment contracts to be written; an oral contract binds the parties. But only a written document can enter the translation and legalisation chain for use abroad.
Who should sign for the employer?
A director with signing authority under the DBD company affidavit. If anyone else signs, a power of attorney must be attached and shown to the Notarial Services Attorney on the day of signing.
Does certification make the contract enforceable abroad?
No. Certification confirms only the authenticity of signatures and seals. Enforceability is a matter for the law and courts of the destination country.
Is a bilingual contract accepted without a separate translation?
It depends on the receiver. Some accept a bilingual instrument outright; many still require a translation legalised by the Department of Consular Affairs. Ask for the requirement in writing before drafting.
The company has been dissolved — can the old contract still be certified?
With no authorised signatory left, signature certification is not possible. The workable alternative is official evidence such as Social Security Office records showing the period you were insured under that employer.
Will the process get shorter once Thailand joins the Apostille Convention?
The Convention enters into force for Thailand on 28 February 2027 per HCCH. Once in force, and where the destination is also a party, the embassy step is replaced by a single apostille — but signing by an authorised person and translation still apply.
For a document review before you file, contact us on LINE @nycli, call +66-83-249-4999 or email nycli@ilc.ltd. Our team will confirm the steps, any missing documents and a realistic timeline for your case.