DEFINITIONS FOREIGNER

means a natural person who is not of Thai nationality.

WORK means to engage in work by exerting energy or using knowledge whether or not in consideration of wages or other benefit.

FOREIGNER WHO ARE NOT IN THE KINGDOM OF THAILAND BUT WISH TO WORK IN THAILAND

  1. Contact Royal Thai Embassy or Royal Thai Consulate in your country for suggestions and recommendations and for non-immigrant visa.
  2. In Thailand, the employer can apply for a work permit for those who wish to work in the Kingdom. After the work permit is granted, the foreigner can enter Thailand, receive the work permit, and start working.

FOREIGNER WHO ARE IN THAILAND AND WISH TO WORK

  1. Foreigner who wish to apply for a work permit in Thailand can do so under the BOI (Board of Thailand) law or other laws and regulations. The foreigner must apply for a work permit within 30 days from the date he/she enters the Kingdom of Thailand or within 30 days from the date he/she fined out that under these laws, he/she is allowed to work.
    PENALTY: Anyone who violates this rule will be fined not more than 1,000 baht.
  2. Foreigner who live in the country or foreigner who receive not-immigrant visa to enter the country can work after they apply for and receive a work permit.
    PENALTY: Anyone who violates this rule will be imprisoned not more than 3 months or fined not more than 5,000 baht or both.
  3. Foreigner who do work that is prohibited by the Royal Degree prescribing works relating to occupation and profession in which an foreigner is prohibited to engage B.E. 2522 will be imprisoned not more than five years or fined from 2,000-100,000 baht or both.

FOREIGNER WHO RECEIVE WORK PERMITS MUST DO THE FOLLOWING REGULATIONS

  1. Carry the work permit with him/her or keep it in the office during working hours to show to government officers any time.
    PENALTY: Anyone who violates this rule will be fined not more than 1,000 baht.
  2. The foreigner must perform the work according to the work permit only. If he/she wants to do different work of change locality or working place, this change must be approved.
    PENALTY: Anyone who violates this rule will be imprisoned not more than 1 month or fined not more than 2,000 baht or both.
  3. Foreigner who receive work permit extensions under BOI or other laws must notify the Departments of labor, within 30 days from the date of extension.
    PENALTY: Anyone who violates this rule will be fined not more than 500 baht.
  4. The foreigner who wishes to continue working must apply for an extension before the expiration date.
    PENALTY: Anyone who continues working after the Expiration date will be imprisoned not more than 3 months or fined not more than 5,000 baht or both.
  5. In case of the work permit damaged of lose, foreigner must to apply for replacement of work permit within 15 days from the date he/she find out.
    PENALTY: Anyone who violates this rule will be fined not more than 500 baht.
  6. In case of foreigner changing name, surname, nationality, address and place of work foreigner must to apply for amendment immediately.
  7. When foreigner stop to work must be returned the work permit within 7 days from the date of stopped.
    PENALTY: Anyone who violates this rule will be fined not more than 1,000 baht.

EMPLOYERS WISH TO EMPLOY A FOREIGNER MUST DO THE FOLLOWING

  1. Do not employ a foreigner without a work permit. Do not allow a foreigner to perform work other than that which is specified in his/her work permit, or to work under any other conditions than those specified in the work permit.
    PENALTY: Imprisonment of not more than 3 years or fined not more than 60,000 baht or both.
  2. An employer who employs a foreigner to work or transfers him/her to work elsewhere or allows a foreigner to resign must notify within 15 days from the employment, transfer, or termination date.
    PENALTY: Anyone who violates this rule will be fined not more than 1,000 baht.

RIGHT TO APPEAL

The foreigner whose application is rejected may send a latter of appeal to the Director-General of the Departments of Employment within 30 days from the informed date of disapproval.