Foreigners who intend to work in Thailand
are subject to the Alien Employment Act B.E. 2521 (A.D. 1978).
Under the provisions of this Act, a foreigner cannot perform any
act of work or service unless a work permit has been issued by
the Department of Employment, Ministry of Labor and Social Welfare,
or unless the individual, or the work performed, falls within
an exception to the Act.
The
term "work" is defined very broadly, i.e. "working by exerting
one's physical energy or employing one's knowledge, whether or
not for wages or other benefits". Even volunteer or charity work
requires a work permit. Although they receive no remuneration
for the work performed, volunteer teachers are required to obtain
work permits.
Foreigners
performing the following duties are not subject to the Alien Employment
Act.
- Assisting the government in developing national education,
including training teachers and professors or teaching students
at a college or state university.
- Assisting and/or training athletes in sports pursuant to
an agreement with the Sports Authority of Thailand or participating
in sports competitions not exceeding 30 days.
- Exchanging arts or cultures with the approval of the Cabinet.
- Participating, advising, or demonstrating in conferences,
seminars, or exhibitions not exceeding 30 days, but only those
which are co-organized by a government agency or state enterprise,
or which a government agency or state enterprise is aware
of.
In all cases, the Department of Employment shall be informed
before the event takes place.
An applicant for a work permit must have either a non-immigrant
visa or a residence permit. Generally, a non-immigrant visa must
be obtained before entering Thailand. A residence permit is usually
granted only after a foreigner has resided in Thailand for at
least 3 consecutive years under a non-immigrant visa. A work permit
is issued for the individual expatriate. The spouse of the expatriate
is not allowed to work unless he/she has obtained a work permit
individually.
An employer or potential employer may file an application for
advance permission for an employee to work before the foreigner
enters the country. However, the work permit itself will not be
issued until the individual enters Thailand on a valid non-immigrant
visa.
Certain nationalities (e.g., from South Asia, Middle East, South
Africa and Socialist countries) need to file an application for
advance permission so that they can use that advance permission
to apply for a non-immigrant visa from a Thai Consulate abroad.
This list of countries is amended from time to time, therefore,
confirmation with a Thai Consulate is recommended.
Regardless of the length of time approved in the work permit,
it is valid only as long as the foreigner's visa permits him to
remain in Thailand. Also, a work permit is good only for the particular
job for which it was issued and within the geographic limitations
specified in the work permit. Foreigners may hold more than one
position with one or more employers but must obtain permission
for each position and for each employer. Permission for each position
or each employer is entered in the original work permit record.
Exceptions to the Alien Employment Act permit foreigners to perform
work deemed necessary and urgent which can be completed within
15 days. However, the Department of Employment must be informed
before work begins. Foreigners need not obtain a non-immigrant
visa from a Thai Consulate in case of necessary and urgent work.
Foreigners working in companies promoted by the Board of Investment
or under other special laws (such as the Industrial Estate Authority
of Thailand Act 1979 and the Petroleum Act of 1971) can be rapidly
issued work permits which are valid for the duration prescribed
by such laws. Such foreigners may commence work immediately after
the position has been approved by the authority concerned but
should apply for a work permit within 30 days from the date of
entry into the Kingdom with a valid non-immigrant "B"
visa.
Certain foreigners are exempt from work permit requirements.
There are seven categories:
- Members of the diplomatic corps.
- Members of a consular mission.
- Representatives and officials of the United Nations and
its specialized agencies.
- Personal servants from abroad employed by any of the above.
- Persons who perform duties or missions under an agreement
between the government of Thailand and another foreign government
or international organization.
- Persons who perform duties or missions for the benefit of
education, culture, arts, sports or other activities as may
be sanctioned by royal decree.
- Persons with special permission from the government of
Thailand to enter and perform duties or missions in the Kingdom.
According to the Royal Decree Stipulating Work in Occupations
and Professions Prohibited to Aliens B.E. 2522 (A.D. 1979), there
are 39 occupations reserved for Thais which are closed to foreigners.
These include labor work; agriculture, animal husbandry, forestry
or fishery; carpentry; shop attendance; accountancy; haircutting
and hairdressing; civil engineering; architectural work; dressmaking;
clerical or secretarial work; and legal service, among others.
Penalties for working without a work permit or doing work not
specified in one's permit include imprisonment not exceeding 3
months or a fine of up to Baht 5,000, or both. People who do work
reserved solely for Thais are liable to imprisonment of up to
5 years or to a fine from Baht 2,000 to Baht 100,000, or both.
A company or employer that hires a foreigner without a valid work
permit is subject to more severe penalties, i.e., imprisonment
not exceeding 3 years or a fine of up to Baht 60,000, or both.
WARNING
Please note that this information is not inclusive of all the
answers to questions involving work permits and related matters
but is intended to address general issues. Whenever appropriate,
please consult a lawyer versed in labor matters or the nearest
Department of Employment official. Policies and procedures may
change rapidly and without notice.
For
further information, please contact Ms.
Piyanuj (Lui) Ratprasatporn, Head of Commercial Department,
Tilleke & Gibbins International Ltd. (piyanuj.r@tillekeandgibbins.com).
Updated October 2007
©2002-2007
Tilleke & Gibbins, Bangkok, Thailand
