Hiring non-Bhutanese staff in the Gelephu Mindfulness City puts the employer, not the worker, on the hook: the law presumes against the occupier and carries fines and prison for getting it wrong. Basnet Law handles work pass applications, renewals, cancellations and employer compliance under the Employment of Foreign Workforce Act 2025 for companies hiring non-Bhutanese staff in Gelephu Mindfulness City. We are on the ground in Gelephu and deal directly with the Controller of Work Passes. This page explains what the regime requires of an employer and how we keep you inside it.
How we help
- Prepare and lodge work pass applications in the form the Controller determines, with the supporting information the Controller requires.
- Seek in-principle approval so an offer can be made with confidence before the pass is granted.
- Set up and maintain the register of foreign employees every employer must keep and produce to an employment inspector.
- Manage renewals, cancellations on departure and the 7-day return of a pass after termination.
- Audit hiring practices against the workforce offences in the Act.
- Represent employers in appeals to the designated officer and in prescribed infringement proceedings.
How GMC work pass law works, in plain terms
The starting rule is plain: "A person must not employ a foreign employee unless the foreign employee has a valid work pass." A "foreigner" is anyone who is not a citizen of the Kingdom of Bhutan. Employing without a pass carries a fine of at least $5,000 and up to $30,000, or imprisonment of up to 12 months, on a first conviction. All "$" amounts in the Act are US dollars. It is no defence that the employer did not know the person was a foreigner unless the employer checked the passport or travel document.
The Act creates presumptions that work against employers. A foreigner found at any premises is presumed to be employed by the occupier, and at a work place the occupier is presumed to have permitted entry and known of the missing pass. The pass is valid only for the employer, employee and occupation stated in it. If the Controller suspends or revokes a pass, the employer must terminate employment within 7 days of notification.
Two provisions create exposure at board level. The Act prohibits any deduction from salary or demand for money or benefit as a condition of employment or as financial security for the job. It also makes it an offence to obtain a pass for a business that does not exist or does not need the worker, with a presumptive minimum term of imprisonment. Both offences carry a proceeds order.
The categories of pass, their duration, the criteria for issue and any levy are not fixed in the Act. They are prescribed by regulations and by levy order. We confirm the current requirements at engagement.
The Employment Pass at a glance
For a director-level or professional foreign employee engaged by a GMC company, the pass category is the Employment Pass. This is what the application involves in practice.
- Validity. Two years, or the duration of employment stated in the contract, whichever is shorter. Extensions and amendments are applied for when an assignment is prolonged or the role changes.
- Scope. The holder may carry on only the activities authorised under the pass and within the employment for which it was granted. A material change of role, employer or activity needs prior approval or an amendment.
- Employer documents. Company name and GMCA unique entity number, a recommendation letter, the employment contract or offer letter, job title and description, monthly salary, employment start and end dates and the work address.
- Applicant documents. Passport and travel details (entry and exit dates), highest qualification with field of study, institution, country and year, educational certificates and academic transcripts, and a medical certificate.
- Dependants. The Employment Pass holder may bring a spouse and children under the Dependant Pass. Children qualify while under 18. Required: the sponsor's document number, the relationship to the sponsor, the marriage certificate for a spouse and the birth certificate for each child. Dependant Pass holders are permitted to work or study.
- Processing. The stated processing time is 24 hours; in practice allow one to three days once every document is in order. Applications go to the GMC Immigration Authority directly, or we lodge and follow up on the employer's behalf.
- Our fee. A fixed fee for managing an Employment Pass application from document check to issue, including liaison with the immigration authority, quoted in the engagement letter together with any Dependant Passes.
Who this is for
- International companies incorporating in GMC and relocating founders, executives or technical staff.
- GFSO licence applicants who must show key personnel in place before the Financial Services Licence issues.
- Construction, hospitality and services employers with a rotating foreign workforce and site-access duties.
- HR teams that need a compliant onboarding, register and exit procedure.
How an engagement runs
- Role mapping: we confirm the role, the individual's nationality and whether the person is a "foreign employee" or a "self-employed foreigner".
- Application pack: we assemble the information the Controller requires and lodge the application.
- In-principle approval: where available, we secure it and confirm any conditions before the offer is made.
- Issue and onboarding: on grant, we update the register and brief the employee on the pass custody duties.
- Lifecycle: we diarise expiry and renewal, and handle cancellation and pass return on exit.
Frequently asked questions
Can an employer appeal a refusal?
Yes. A person aggrieved by the decision may appeal to the designated officer, whose decision is final. Judicial review is limited to procedural compliance, and we frame the appeal accordingly.
Can I recover the cost of the work pass from the employee?
No. The Act prohibits deducting from salary or receiving any sum or benefit as a condition of employment, and it presumes any unauthorised deduction was taken as consideration for the job.
What must the employer register contain?
A register of every foreign employee holding a pass, in the form and with the particulars the Controller determines, open to inspection at all reasonable times. We set it up so it survives an inspection.
Is there a levy on foreign employees?
The designated officer may impose a levy by Gazette order. The Act does not fix a rate; we confirm whether an order is in force at engagement.
Which pass does a foreign director or executive need?
The Employment Pass, valid for two years or the contract term if shorter, tied to the employer, the employee and the occupation stated in it.
Can the employee's family come?
Yes. A spouse and children under 18 come under the Dependant Pass, on the marriage and birth certificates and the sponsor's document number. Dependants may work or study.
How long does an Employment Pass take?
The stated processing time is 24 hours; one to three days is the practical timeline when every document is in order.
Talk to GMC counsel on the ground
Basnet Law Pte. Ltd. is the first law firm incorporated in the Gelephu Mindfulness City. A short conversation early in a matter usually saves time and cost later. Write to basnet@basnetgmc.com or office@basnetgmc.com with a few lines about your plans, and we will tell you plainly what is needed, how long it takes, and whether we are the right fit.
You may contact Basnet Law at basnet@basnetgmc.com or office@basnetgmc.com for any legal queries related to GMC.
