Thai Work Permits

The Alien Business Law allows foreigners to work in a number of different jobs. However, if you are caught working in an area not permitted by Thai law or without a work permit, you could be repatriated to the country of origin and cannot apply for a work permit until after the punishment has been released for a period of 2 years and/or fined (up to THB 50,000). Therefore, before you apply for a work permit or start work, find out whether the occupation is acceptable under Thai regulations.

The government uses three (3) lists to categorise different industries and occupations to guide its decision-making. Two (2) lists cover work foreigners are not usually allowed to do. The third list includes work that is possible if you have permission. An industry, business or type of work not included in these lists is normally permissible.

H. Toosi’s advice concerning working in Thailand:

The list of industries and occupations is long and confusing. Before applying for a work permit, ask a lawyer or the Immigration Bureau to check whether your type of work is open or closed to foreigners.

Although there are many rules and regulations about work permit applications, three (3) points are extremely important.

First, if you plan to apply for a work permit, you must enter Thailand on a Non-Immigrant visa and not as a tourist or a transient.

Second, while your employer can start your application before you arrive in Thailand, a work permit is not issued until you have arrived.

Third, to apply for a work permit, you must prepare many documents including a copy of your passport, a curriculum vitae (resume), original copies of all your educational certificates, a medical certificate, three (3) photographs and copies of various corporate documents from your employer and - most importantly - the company’s VAT registration. It usually takes a week from the date of application to receive your first work permit. The work permit must be kept where you always work. It clearly displays the work you can do, the address where you may work and the date it expires.

If there is a change in your employment, your employer must notify the change to the Labor Department within 15 days. Before you change your job, work, or home address, you must have permission. In addition, the Labor Department must record all changes in your work permit. When your employment ends, you must return your work permit to the Labor Department in Bangkok or a Provincial Department of Employment.

Thai labor law protects Thai and foreign workers rights. However, if you do not have a work permit, it could be difficult to remain in Thailand to pursue your case or to find new work. Fortunately, the Alien Employment Act allows a foreigner to have more than one type of job, or more than one (1) employer provided they are listed in the work permit.

If you want to work legally in Thailand, you have two (2) ways to arrange a work permit. First, you can find employment with a company, doing work that a foreigner is permitted to do. Second, you may start or buy a business and arrange a work permit with that company.

H. Toosi’s advice concerning Thai work permit’s rules and regulations:

As it is your responsibility to understand these rules and regulations and to obey Thai labor law, take the time to learn what you can and cannot do.