Work Permit
A Work Permit is a legal document issued by the Department of Employment, Ministry of Labor to allow a foreigner to work or operate in Thailand legally.
A work permit will provide specific details about the person, including job title, place of employment, and employer, which the foreigner will not be able to work beyond what is stated on the permit.
The main law that regulates and is the source of the current issuance of work permits is the Royal Decree on the Administration of Work of Aliens B.E.2560 (and its amendments), referencing Section 8 , stipulates that aliens are not permitted to work in the Kingdom unless they have a work permit or if they are exempt under this Decree.
The penalty for working without a Work Permit for both employees and employers is based on the Royal Decree on the Management of Work of Aliens B.E. 2560 (2017) and as amended.
Foreigner’s Prerequisites
- Foreigners must apply for a Non-B (Non-Immigrant Visa). If a foreigner has another type of visa, such asa Tourist Visa, they only need to apply to change the type of visa from TR Visa to Non-B Visa (except for some special circumstances, such as those working under Boi or EEC).
- Employers available in Thailand
- Have a qualification and experience that must be consistent with the nature of work to be done in Thailand.
- Have a medical certificate stating that there are no 6 maladies * or prohibited by law.
Work Permit Processing steps (for new cases)
- The main steps usually involve obtaining a visa and a work permit in tandem.
- Application for permission to bring an alien to work (TAT3 or a quota request) In general, employers (Thai companies) must first submit an application for permission to hire an alien to the Department of Employment for approval of the employment quota.
- Non-B Visa Application Foreigners submit documents to change the visa type to Non-B. In the case of aliens living in Thailand, they can apply for a visa type change at the immigration office of that country. If the alien is already abroad, they can apply for a Non-B visa at the Thai Embassy or Consulate abroad using a certificate from a Thai employer company.
- To apply for a Work Permit. A foreigner has entered Thailand on a Non-B Visa (90 days), an application for a Work Permit must be submitted at the Department of Employment (Ministry of Labor) in the province where the foreigner works or an employment office in the area where the workplace is located within a specified period of time (e.g. 30 days after receipt of the visa).
- The operator/employer must prepare the workplace to receive an official visit from the Department of Labor.
- Once the alien has been approved for Work Permit, the alien must apply for a 1-year Non-B visa at the Immigration Bureau.
Penalties for employment of aliens, both for aliens and employers, without a Work Permit.
- Punishment for aliens (employees)
The offense is to work without a work permit or work other than what is eligible to be done. There will be a fine ranging from 5,000 Baht to 50,000 Baht (Refer to Section 8 and the penalties in Royal Decree)
Once the fine is paid, the alien will be sent back out of the Kingdom and prohibited from obtaining permission to work for 2 years from the date of the penalty.
- Penalties for Employers
The offense is to admit an alien who does not have a work permit to work or to allow the alien to work other than the one that is eligible to do so. There is a fine from 10,000 Baht to 100,000 Baht per alien (based on Section 9 and the penalties under Section 102 paragraph one). If the offense is repeated, it will be liable to imprisonment for a term of up to 1 year, or a fine from 50,000 Baht to 200,000 Baht per alien, or both, and will be prohibited from employing the alien for a period of 3 years.
Keep in mind and guidelines
- Do not work without a permit: Foreigners working in Thailand without a Work Permit or who do not meet the conditions specified in the Work Permit are illegal.
- Employers are responsible for: Employers are prohibited from accepting aliens who do not have a work permit to work, and must notify the entry and exit of aliens to the Department of Employment within 15 days.
- Prohibited occupations: Thai law stipulates certain occupations that are strictly forbidden for aliens, such as labor, motor vehicle driving (except for international aircraft), haircut/beauty, etc.
- Renewals: Work permits are usually valid for one year and must be applied for before the original license expires.
- Change of details: If important details such as job title or location are changed, a change must be requested on the work permit.
- If there is a termination of employment from the employer, the Non-B visa will be terminated immediately. The foreigner must leave the country within 24 hours.
- or bring the letter of termination to submit to the visa for another 7 days at the immigration office with the flight ticket document confirming the departure from the country
**Note 6 Illnesses
- Chronic diseases in the contagious stage or in the symptomatic stage are detestable to society.
- Tuberculosis in danger
- Elephantiasis in the symptomatic stage is an abomination to society.
- Diseases, drugs
- Alcoholics, Chronic
- Syphilis in stage 3
Refer to: The Royal Decree on the Management of Foreign Workers’ Employment B.E. 2017