Any
alien working in Thailand must obtain a Work Permit before
beginning work.While a prospective employer may file an
application on the alien's behalf in advance of his commencing
work, the actual Work Permit will not be issued until the
alien has entered Thailand in accordance with the immigration
laws and has presented himself to receive his Work Permit.
The Permit initially will be valid only for the period of the alien's Non-Immigrant
visa permits him to remain in Thailand under the Immigration law. The Work
Permit will be subject to renewal in accordance with the renewed or extended
visa. For aliens who are holders of a Thai Certificate of Residence, the Work
Permit can be renewed annually. The Labor Department, subject to subsequent
renewal, will in principle grant an initial duration of one year for the Work
Permit. A Work Permit must be renewed before its expiry date or it will automatically
lapse.
Applicants for Work Permits may not enter the Kingdom as tourists or transients.
Exemptions
Exemptions from the Work Permit requirement are granted to persons occupying
the following professions:
- Members of the diplomatic corps
- Members of consular missions
- Representatives of member countries and officials of
the United Nations and its specialized agencies
- Personal servants coming from abroad to work exclusively
for persons listed under the above items
- Persons who perform duties on missions in the Kingdom
under an agreement between the government of Thailand
and a foreign government or international organization
- Persons who enter the Kingdom for the performance of
any duty or mission for the benefit of education, culture,
arts, or sports
- Persons who are specially permitted by the Government
of Thailand to enter and perform any duty or mission
in the Kingdom.
Special
Cases
While most aliens must apply for a Work Permit, and may not begin work until
the Permit is issued, the Alien Employment Act does provide special treatment
in the following circumstances:
Urgent and Essential Work
Exemption from Work Permit requirements is granted to aliens who enter the
Kingdom temporarily, but in accordance with the immigration law, to perform
any work of any "urgent and essential nature" for a period not exceeding 15
days. However, such aliens may engage in work only after a written notification
on a prescribed form, signed by the alien and endorsed by his employer, has
been submitted to and accepted by the Director-General or his designee.
Aliens entitled to this treatment may enter Thailand with any kind of visa,
including a transit visa. The term "urgent and essential work" is not explicitly
defined and consequently, the issuance of this sort of exemption is a matter
of administrative discretion.
Investment Promotion
An alien seeking permission to work in the Kingdom under the Investment Promotion
Law must submit his application for a Work Permit within 30 days of notification
by the Board of Investment that his position has been approved. An alien in
this category may engage in authorized work while the application is being
processed.
Permitted
Activities
Thai law prohibits employers from allowing aliens
to perform any function other than that described in the
alien's Work Permit. Employers must report changes in employment,
transfers and termination of all aliens in their organization
within 15 days of any such action. In cases of dismissal,
aliens must return their Work Permit to labor authorities
in Bangkok at the Alien Occupation division or, if they are
in a provincial area, to the province's Department of Employment.
Failure to do so will result in a fine of up to 1,000 baht.
Any alien who engages in work without a Work Permit, or in violation of the
conditions of his work as stipulated in his Permit, may be punished by a term
of imprisonment not exceeding three months or a fine of up to 5,000 baht, or
both. Aliens engaged in work prohibited to them by Royal Decree (as listed
in the " Restricted Occupations ") shall be liable to imprisonment for a term
not exceeding five years or to a fine ranging from 2,000 to 100,000 baht, or
both.
An employer who permits an alien to work in his organization without a Work
Permit or to act in violation of the nature of the work specified in the Permit
may be punished with imprisonment not exceeding three years or fined up to
60,000 baht or both.
Permit holders must obtain prior permission to change their occupation and/or
place of work. Change of employer location or the residential address of the
permit holder must be properly endorsed in the Work Permit by the labor authorities.
The Alien Employment Act does not prevent an alien from engaging in work in
more than one field or for more than one employer.
