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Most
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". Theoretically, even volunteer or charity
work requires a work permit. Although they receive no remuneration for
the work performed, volunteer teachers have been required to obtain work
permits.
Visiting speakers at seminars and conferences, whether or not receiving
remuneration for their services, presently do not need work permits. However,
except in cases where a government agency or state enterprise is a co-organizer,
the Department of Employment must be informed before the seminar or conference
is held.
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 issued only after a foreigner
has resided in Thailand for a number of years under a non-immigrant visa.
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.
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. Generally, the permission
for each position 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.
Certain
foreigners are exempt from work permit requirements. There are seven categories:
1.
Members of the diplomatic corps;
2.
Members of a consular mission;
3.
Representatives and officials of the United Nations and its specialized
agencies;
4.
Personal servants from abroad employed by any of the above;
5.
Persons who perform duties or missions under agreement between the government
of Thailand and another foreign
government or international organization;
6.
Persons who perform duties or missions for the benefit of education, culture,
arts, sports or other activities as may
be sanctioned by royal decree;
7.
Persons with special permission from the government of Thailand to enter
and perform duties or missions in the Kingdom.
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 notexceeding three months or a fine of up
to Baht 5,000, or both. People who do work reserved solely for Thais are
liable toimprisonment of up to five years or to a fine from Baht 2,000
to Baht 100,000, 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.
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