Thailand Work Permit Information

May 16th, 2010

First, you must have a Non-Immigrant visa to apply for a work permit.

With a few exceptions, all foreigners engaged in any kind of work in Thailand must hold a valid work permit. These are issued by the Department of Employment, part of the Ministry of Labour and Social Welfare.

The term “work” covers both physical and mental activities, and is defined as “working by exerting one’s physical energy or employing one’s knowledge, whether or not for wages or other benefits”. Working without a valid work permit even for a day is a criminal offense. Employers who violate the law face fines of up to 60,000 Baht and/or jail terms of up to three years. Foreign employees found in breach of the law can be jailed for up to three months and/or fined up to 5,000 baht.

There are a few types of work that are reserved for Thai nationals. These are mostly related to manual labour and the production of handicrafts but also include jobs such as hairdressing.

Once you have a work permit, you can work and run a business legally, receive income from your business, open a Thai bank savings and checking account, apply for a Thai credit card and bank loans, sign up for a telephone line or mobile phone contract, import your personal belongings to Thailand, purchase a car or motorbike in your name, and apply for a one year visa extension. You will also be eligible to pay Thai income tax. However, you still cannot own land as a foreigner.

Foreigners are able to work in Thailand on a one-year basis. Permits must be renewed before expiry. The validity of a work permit depends on the holder’s immigration status. Holders of transit and tourist visa are not permitted to work. Unless you have a non-immigrant visa approved for by the Board of Investment (BOI), you will still have to make the obligatory visa run every 90 days.

Your employer should apply for the work permit on your behalf. Thai law places a quota on the number of foreigners allowed to work at a company based on a number of conditions. These range from ratio of Thai staff to foreigners to the amount of the company’s registered capital.

In order to apply for a work permit, you must have a non-immigrant visa or a residence permit. Your work permit only allows you to work in the location which is specified on the inside cover of your work permit. If you leave those premises to work, even to meet with clients at their office, you are actually breaking the law.

Required fees for a work permit

- Fee 3,000 baht (depending on the length of your work permit)

A FOREIGNER WHO RECEIVES A WORK PERMIT MUST FOLLOW THESE REGULATIONS:

1. Carry the work permit with him/her or keep it in the office during working hours to show to government officers any time.

PENALTY : Anyone who violate this rule will be fined not more than 1,000 baht .

2. The foreign must perform the work according to the work permit only to. If he/ she wants to do different work or change locality of working place, this change must be approved.

PENALTY : Anyone who violates this rule will be inprisoned not more than 1 month or fined not more than 2,000 baht or both.

3. The foreign who wishes to continue working must apply for an extension before the expiration date.

PENALTY : Anyone who violates this rule will be imprisoned not more than 3 months or fined not more than 5,000 baht or both.

4. If his/her work permit is materially damaged or lost,The foreign must apply for substitute within 15 days from the date he/she knows about the damage or disappearance of the work permit.

PENALTY : Anyone who violates this rule will be fined not more than 500 baht .

5. In case the foreign changes his/her first name, last name, nationality , address, or name of the working place, he/she must notify the Employment Service office to update the information as soon as possible.

6. After the to foreign resigns from work, the foreign must return the work permit within 7 days from the date of the resignation.

PENALTY : Anyone who violates this rule will be fined not more than 1000 baht.

EMPLOYERS WISHING TO EMPLOY A FOREIGNER MUST DO THE FOLLOWING

1.Do not employ the foreign without a work permit. Do not allow the foreign to perform work other than that which is specified in his/her work permit, or to work under any other conditions than those specified in the work permit.

PENALTY : Imprisonment of not more than 3 years or fine of not more than 60,000 baht or both.

2. An employer who employs the foreign to work or transfers him/her to work elsewhere or allows the foreign to resign must notify the Nakhon Ratchasima Employment Service Office within 15 days from the employment, transfer or termination date

PENALTY : Anyone who violate this rule will be fined not more than 1,000 baht .

NOTE:

All aliens engaged in any kind of work in Thailand must hold a valid work permit, issued principally by the Department of Employment of the Ministry of Labor and Social Welfare pursuant to the Alien Employment Act B.E. 2521 (A.D. 1978).

The term “work” is defined very broadly, covering both physical and mental activities, whether or not for wages or other remuneration. Working without a valid work permit even for a day is a criminal offense.

The validity period of a work permit is governed by the holder’s immigration status, i.e. a work permit usually expires on the last day of the period of stay allowed by immigration officials as shown on the alien’s visa. Aliens holding transit and tourist visas are not permitted to work.

Where to apply for work permit?

Bangkok :

Alien  Occupational Control  Division
Department  of  Employment
Ministry  of  Labour  and  Social  Welfare

Mit – Maitree Road, Dindaeng
Bangkok  10400
Tel. : (02) 245 2745

One  Stop  Service  Center  for  Visa  and  Work  Permit
Department  of  Employment

3rd  Floor,  Krisada  Plaza  Building
207  Ratchadapisek  Road,  Kwaeng
Dindaeng,  Khet  Huaykwang
Bangkok  10400

Regional Offices : We highly recommend you use a lawyer or accountant to assist with your application for work permit.

Ministry of Foreign affairs:

http://www.mfa.go.th/web/2482.php?id=2492

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