ALIEN LABOUR REGULATION - DROIT DU TRAVAIL DES ETRANGERS
Source: Alien occupational
control division, Department of Employment
Ministry of labour and social welfare, Tel: 02-245-2745
Are you in the Kingdom of Thailand?
YES,
Aliens who are not currently in Thailand must comply with the following:
Contact a Royal Thai Embassy or Consulate
in your country for advice and recommendation for granting a non-immigrant
VISA.
Employers in Thailand may apply for a work permit for prospective alien
employees who wish to work in the Kingdom. After the work permit has
been granted the alien may enter Thailand to receive the work permit
and then start working.
NO,
Aliens who are in Thailand must comply with the following:
An alien who wishes to apply for a work
permit under the Board of Investment (BOI) law or other similar commercial
laws must file an application for a work permit within 30 days from
the date he/she is allowed to work under such law. CRIMINAL PENALTY:
Any violation thereof shall be liable to pay a fine not exceeding on
thousand Baht.
An alien who lives in the Kingdom or receives a non-immigrant VISA to
live in the Kingdom can work in Thailand after having received a work
permit. CRIMINAL PENALTY: Any violation thereof shall make the employee
liable for imprisonment not exceeding three months, to pay a fine not
exceeding five thousand Baht, or both penalties.
An alien who performs work that is proscribed by the Royal Decree B.E.
2522 (1979) which prohibits alien employment in certain occupations
and professions is liable to be imprisoned not exceeding five years,
will be fined from 2,000 to 100,000 Baht or both penalties.
Qualifications of an alien entitled to apply for a work permit
Having
residence in the Kingdom or having permission to stay in the Kingdom
temporarily under immigration law (i.e not simply as a tourist or transit-traveler)
Not
applying for work in any of the 39 reserved occupations (as stated in
the Royal Decree. B.E. 2522).
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 a violation of an immigration law or an
alien working law within one year of applying for work permit
39 Prohibited Occupations
39 occupations in which an alien is prohibited to engage
Annex attached to the Royal Decree Prescribing works relating to occupation and profession in which an alien is prohibited to engage B.E. 2522
Manual
work
Work
in agriculture, animal husbandry, forestry or fishery excluding specialized
work in each particular branch or farm supervision
Bricklaying,
carpentry or other construction works
Wood
carving
Driving
mechanically propelled carrier or driving non-mechanically-propelled
vehicle, excluding international aircraft piloting
Shop
attendance
Auction
Supervising,
auditing or giving services in accountancy excluding internal auditing
on occasions
Cutting
or polishing jewellery
Haircutting,
hairdressing or beauty treatment
Cloth
weaving by hand
Weaving
of mate or making products from reeds, ratten, hemp, straw or bamboo
pellicle
Making
of Sa paper by hand
Lacquerware
making
Making
of Thai musical instruments
Nielloware
making
Making
of products from gold, silver or gold-copper alloy
Bronzeware
making
Making
of Thai dolls
Making
of mattress or quilt blanket
Alms
bowls casting
Making
of silk products by hand
Casting
of Buddha images
Knife
making
Making
of paper or cloth umbrella
Shoemaking
Hat-making
Brokerage
or agency excluding brokerage or agency in international trade business
Engineering
work in civil engineering branch concerning designing and calculation,
organization, research, planning, testing, construction supervision
or advising excluding specialized work
Architectural
work concerning designing, drawing of plan, estimating, construction
directing or advising
Garments-making
Pottery
or ceramic ware making
Cigarette
making by hand
Guide
or conduction sightseeing tours
Street
vending
Type-setting
of Thai characters by hand
Drawing
and twisting silk-thread by hand
Office
or secretarial work
Legal
or lawsuit services
List of document required for work permit with application form (Thor Tor 2)
Passport, certificate of permanent residence or alien certificate (original
and copy)
Letter of employment (describing why the aliens must be employed), the
organization chart of establishment, name list of the present alien
workers
Registration of juristic persons and objectives, list share-holders
Documentary evidence of educational qualifications and employment record
Medical certificate (not more than 6 months)
Location of establishment
3 photographs size 5x6 cm. (taken not more than 6 months)
REMARKS: Other documents for specific case
The
balance sheet of previous year
Any person who employs an alien shall notify the registrar within 15
days from the date of employment by submission application form (Thor
Tor 10) duty-stamp (in case that the employers cannot notify by themselves)
In the case of any employer who employed the aliens must be reported
their employment and submitted the application form (Thor Tor 10)
If the employers cannot notify by themselves, the power of attorney
affixed with bath 10 duty-stamp is needed.
If all documents are completed and true, a work permit will be considered to be granted within 7 days.
List of document for work permit
renewal with application form
(Thor Tor 5)
Work
permit (original and copy)
Passport, certificate of permanent residence or alien certificate (original
and copy)
Confirmation of employment (describing the reasons why the aliens must
be employed), balance sheet (if run at loss, 2 previous years of balance
sheet must be submitted)
Location of establishment
REMARKS: Other documents for specific case
Power
of attorney affixed with bath 10 duty-stamp with a copy of designee
identification card (in case that the aliens cannot apply by themselves)
Registration of juristic persons and objectives, list of shareholders
Report of the activities according to the labour law (in case of technology
transfer)
If all documents are completed and true, a work permit will be considered
to be granted within 7 days.
Documentation required for short term work permit (not longer than 6 months)
Form W.P.2 or W.P.3 (as the case may) with 3 photographs (5 x 6 cm.)
taken not more than 6 months before application.
A certificate of employment issued by a present employer, under the
form provided
Documentary evidence of educational qualifications and an employment
certificate from a previous employer.
A certificate issued by the Department of Commercial Registration.
A passport and medical certificate.
VALIDITY OF WORK PERMIT
A
work permit is issued for one year period and may be renewed every year
thereafter.
If the duration of employment of an alien 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 an alien in the Kingdom
according to the necessity of work, but for not longer than one year.
The validity of a work permit will not exceed the validity date of the
VISA "permit to stay."
An application for renewal of a work permit must be submitted before
the expiration date of a valid work permit. If a work permit has expired,
another application must be completed for a new work permit
RATE OR GOVERNMENT FEES FOR WORK PERMIT
300 Baht = not longer than three months.
500 Baht = longer than three months but does not exceed six months.
1,000 Baht = longer than six months but does not exceed one year.
For a work permit which is longer than one year, the fee will be increased
for the period exceeding one year at the rate shown in items 1,2 and
3 above.
RIGHT TO APPEAL
If a work permit is not granted, not extended, or is not allowed for a change of work and/or location; the applicant is entitled to appeal to the Minister of Labour and Social Welfare within 30 days after being informed of the denial. A decision will be rendered within 60 days.
