On 14 January and 16 February 2015, The minister for Manpower issue 7 (seven) ministirail decrees relating restrictions on positions which are open to foreign workers in various business sectors. The regulations are designed to protect the local workforce in anticipation of the flow of foreign workers from neighbouring countries which will result from the liberization of labour under the ASEAN Economic Community which is planned to start this year.

1. Agriculture, Forestry and Fishery Sectors, Livestock Division

Under the Ministerial Decree of Manpower No. 12 of 2015, foreign workers may fill the following positions for a limited period:

a.Commissioners (5 years, extendable)

b. Board of Directors (5 years, extendable): President Director, Financial Director

c. Managerial positions (3 years, non-extendable): Financial Manager

d. Experts (2 years, non-extendable): Machine Engineer, Quality Control Advisor, Research and Development Advisor

2. Rental Services, Manpower, Traveling Agencies and Other Business Supporting Sectors, Domestic Selection Services and Worker Placement Group

The Ministerial Decree of Manpower No. 13 of 2015 allows foreign workers to fill Marketing Director positions for an extendable 5-year period.

3. Processing Industry Sector, Furniture Industry Subdivision

The Ministerial Decree of Manpower No. 14 of 2015 allows foreign workers to fill the following positions for a limited period:

a.Commissioners (5 years, extendable).

b. Board of Directors (5 years, extendable): President Director, Financial Director, Marketing Director, Operational Director, Production Director, Technical Director.

c. Managerial positions (3 years, non-extendable): Machinery, Financial, General, Production, Quality Control, Research and Development.

d. Experts (2 years, non-extendable): Marketing Advisor, Research and Development Advisor, Machine Engineer, Design Engineer, Quality Control Engineer.

4. Processing Industry Sector, Footwear Industry Subdivision

The Ministerial Decree of Manpower No. 15 of 2015 allows the following positions for foreign workers:

a.Commissioners (5 years, extendable)

b. Board of Directors (5 years, extendable): President Director, Financial Director, Production Director, Marketing Director, Operational Director, Technical Director, Managing Director

c. Managerial positions (2 years, non-extendable): Production, Financial, Technical, Quality Assurance, Export Import, Factory, General, Production and Inventory Control, Quality Control, Research and Development, Engineering, Product Development, Production Control, Material, Pattern, Marketing, Merchandising

d. Experts (2 years, non-extendable): Marketing Advisor, Shoe Sewing Specialist, Research and Development Advisor, Cutting Specialist, Design Advisor, Factory Advisor, Mould Specialist, Procurement Advisor, Maintenance Engineer, Quality Control Advisor, Quality Assurance Advisor, Chemical Engineer, Shoe Specialist, Design Specialist, Research and Development Advisor, Pattern Specialist, Product Planning Engineer, Leather Specialist, Machine Engineer, Production Engineer, Material Engineer.

5. Accommodation Provision and Food Beverages Provision Sector, Accomodation Provision and Food and Beverages Provision Main Divisions

The Ministerial Decree of Manpower No. 16 of 2015 allows for the following positions for a limited period:

a.Accomodation Provision

1.Commissioners (5 years, extendable).

2. Board of Directors (5 years, extendable): President Director, Marketing Director, Operational Director, Finance Director.

3. Managerial positions (2 years, non-extendable): Guest Relation, Hotel, Marketing, Country Club.

4. Experts (non-extendable): Art Performance Specialist (1 year), Design Specialist (2 years).

b.Food and Beverages Provision

1. Commissioners (5 years, extendable for foreign capital/ PMA).

2. Board of Directors (5 years, extendable for foreign capital/PMA): President Director, Restaurant Director.

3. Managerial positions (2 years, non-extendable): General Manager.

4. Experts (2 years, non-extendable): Food & Beverage Advisor, Restaurant Advisor, Quality Control Advisor, Chef.

6. Processing Industry Sector, Cigar and Cigarettes Subdivision

The Ministerial Decree of Manpower No. 17 of 2015 allows for the following positions for a limited period:

a.Commissioners (5 years, extendable)

b.Board of Directors(5 years, extendable): President Director

c. Managerial Position(3 years, non-extendable): Financial Manager

d. Other managerial positions (2 years, non-extendable): General Manager, Quality Assurance Manager, Production Manager

e. Experts (2 years, non-extendable): Machine Engineer, Quality Control Advisor

7. Processing Industry Sector, Sugar Subdivision

The Ministerial Decree of Manpower No. 26 of 2015 allows for the following positions for a limited period:

a. Commissioners (5 years, extendable).

b. Board of Directors (5 years, extendable): President Director, Marketing Director, Operational Director.

c. Managerial positions (3 years, non-extendable): Financial, Operational, Factory, Production, Quality Control, Research and Development, Technical.

d. Experts (2 years, non-extendable): Machine Engineer, Quality Control Engineer.

Positions that are not listed in the above decrees may still be open for expatriates by first obtaining a recommendation from the relevant ministry.

Under these new decrees, shareholders who take on dual positions as a commissioner or as a board of directors' member are permitted to extend their term.

These new decrees revoke and replace the previous decrees.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.