The law requires all foreigners obtain a work permit before starting work in Thailand.
Qualifications of a foreigner entitled to apply for a Work Permit
- Having residence in the Kingdom or having permission to stay in the Kingdom temporarily under the immigration law (i.e. not as a tourist or a transit-traveler).
- Not applying for work in any or the 39 reserved occupations prescribed in the Royal Decree B.E. 2522 (1979).
- Having the knowledge and/or skills to perform the work as stated in the application for a Work Permit.
- Not being insane or mentally sick.
- Not being sick of leprosy, tuberculosis, drug addiction, alcoholism and elephantitus.
- Not having been imprisoned due to violation of the immigration law or the alien employment law within one year prior to applying for a Work Permit.
Validity of a Work Permit
A Work Permit is issued for a one-year period and may be renewed every year thereafter.
If the duration of employment of a foreigner is less than one year, a Work Permit will be granted for not longer than the period requested.
An authorized official may grant a Work Permit to a foreigner for a period that is necessary for the completion of work, but not longer than one year.
Other interesting points
The law prohibits employers from allowing foreign employees to perform any function other than that described in the foreigner’s Work Permit. The employers must report changes in employment, transfers and termination of all foreigners in their organization within 15 days. Failure to do so may result in a fine.
Work Permit holders must obtain a 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 Law does not prevent a foreigner from working in more than one field or for more than one employer. He has to have his Work Permit covering all the jobs or employers.
Penalties
- A foreigner who engages in work without having the work permit for it shall be liable to imprisonment for a term of not exceeding 5 years or to a fine from THB 2,000 to 100,000 or both.
- A work permit holder who engages in work or at the place other than permitted in his permit shall be liable to a fine of not exceeding THB 20,000.
- A work permit holder shall keep the permit on himself or at the place of work during work in order that it may be readily shown to the competent official or registrar. Failure to do so may result in a fine of not exceeding THB 10,000.
- An employer who engages a foreigner without a work permit to work for him shall be liable to a fine from THB 10,000 to 100,000 per foreigner.
- An employer who engages a work permit holder in the work of the category or nature and at the working area or work place other than specified in the permit shall be liable to a fine of not exceeding THB 10,000.