Most foreigners are enthusiastic to work in Thailand when the opportunity presents itself. They enjoy the unique experiences that it provides, from the professional standpoint, for the social life that they will surely enjoy, and for the chance to closely observe a very different culture. But many times, a single question causes hindrance in their thought process, and that is, “How to get a Thai Work Permit“. We have the answer!
Procedures to get a Thai Work Permit
It is important that before beginning work in Thailand, every foreigner must obtain a Thailand Work Permit. An employer may file an application on behalf of a foreigner prior to the commencement of work. But, it will be the foreigner who can receive the original Work Permit after entering the country.
The Work Permit allows a foreigner to stay in Thailand for the duration till which the foreigner’s Non-Immigrant Visa allows him.
Foreign workers need to renew their Work Permits and extend their Visas. For foreigners holding a Thai Certificate of Residence, the Work Permit needs an annual renewal. The same goes for foreigners with a one-year extension of stay for marriage to a Thai national or supporting a Thai national. The Labor Department, subject to subsequent renewal, will in principle grant an initial duration of one year for the Work Permit. A Work Permit automatically lapses without on-time renewal.
Applicants for Work Permits may not enter the Kingdom as tourists or transients.
Exemptions for a Thai Work Permit
- Members of the diplomatic corps.
- Members of consular missions.
- Representatives of member countries and officials of the United Nations and its agencies.
- Personal servants come from abroad to work exclusively for these persons.
- Persons doing duties or missions under an agreement between the government of Thailand and a foreign government or organization.
- Individuals who enter the Kingdom for the performance of any duty or mission for the benefit of education, culture, arts, or sports.
- Persons who have special permission from the Government of Thailand to enter and perform any duty or mission in the nation.
Urgent and Essential Work
Foreigners entering the country on a temporary basis can have the exemption from Work Permit requirements. However, this must be in accordance with the immigration law of Thailand. Furthermore, under this provision, they can perform any work of an “urgent and essential nature” for a period. However, that is not for more than 15 days. Furthermore, such aliens may engage in work only after a written notification on a prescribed form. The foreigner needs to take the signature and endorsement from his/her employer. Henceforth, he/she can submit the application to the Director-General or his designee.
Investment Promotion
An alien seeking permission to work in Thailand under the Investment Promotion Law should submit his application for a Work Permit. Most importantly, he/she must do this within 30 days of notification of his/her approval by the Board of Investment. An alien in this category may engage in work during the processing time of the application.
Permitted and Prohibited Activities under Thai Work Permit
- Employers can allow foreigners to perform any function other than the prohibitions 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, foreigners must return their Work Permits to labor authorities in Bangkok. They have to do so at the Alien Occupation division or, if they are in a provincial area, to the province’s Department of Employment. Failing to do so will result in a fine of up to 1,000 baht.
- Any foreigner engaging in work without a Work Permit can attract imprisonment terms of up to five years. Additionally, they will have to pay a fine ranging from 2,000 Baht to 100,000.
- Any foreigner violating the work conditions of the Work Permit will attract a term of imprisonment of three months. Additionally, he/she has to pay a fine of up to 20,000 Baht.
- Any alien who does not have their Work Permit with them while working may be punished by a term of imprisonment not exceeding three months or a fine of up to 10,000 baht.
- 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 fined from 10,000 baht up to 100,000 baht.
- Permit holders should obtain prior permission to change their occupation and/or place of work.
- There can be a change of employer location or the residential address of the permit holder. In any or both cases, the Work Permit must update labor authorities on this.
- The Alien Employment Act does not prevent an alien from engaging in work in more than one field or for more than one employer.
However, there are various other regulations that can be making your process of getting a Thai work permit easier. Additionally, there can be some points that can make the process cumbersome. Furthermore, the rules and regulations of the Alien Employment Act are subject to changes. Therefore, to be on the safest side, you must have a Thai immigration firm to back you up. Email us your requirement at [email protected] for full support.
