Working of Alien Act, B.E. 2551 (2008)
ALIEN : a natural person who is not of Thai
nationality / citizenship.
WORK : the engagement in work by exerting energy or using knowledge
for purpose of obtaining wages or other benefits.
ALIENS WHO ARE NOT IN THE KINGDOM OF THAILAND
BUT WISH TO WORK IN THE KINGDOM MUST COMPLY WITH THE FOLLOWING:
1. Contact a Royal Thai Embassy or Consulate
in you country for advice and recommendation for Granting a non-immigrant
2. Employers in Thailand may apply for a work permit
for prospective alien employees who wish to work in the kingdom. In case receiving the letter of approval for Work Permit , employer sends that letter to foreigner in order to apply for a Non-immigrant visa from the Royal Thai Embassy. Then the foreigner has to enter to the Kingdom in order to apply for a Work Permit with documents which specified in that letter within 30 days from the day of picking up the approval letter..
ALIENS WHO ARE IN THE KINGDOM OF THAILAND AND
WISH TO WORK IN THE KINGDOM MUST
COMPLY WITH THE FOLLOWING:
1. 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 one thousand Baht.
2. 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.
3. 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
1. 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 - traveller)
2. Not applying for work in any of the 39 reserved
occupations ( as a stated in the Royal Decree. B.E.2522).
3. Having the knowledge and/or skills to perform
the work as stated in the application for a work permit.
4. Not being insane or mentally sick.
5. Not being sick of leprosy, tuberculosis,
drug addiction, alcoholism, and eephantitus.
6. 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.
VALIDITY OF WORK PERMIT
1. 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 two year.
2. 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
3. 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
RATE OF GOVERNMENT FEES FOR WORK PERMIT
1. 100 Baht/form = Application Fee
2. 750 Baht = not longer than three months.
3. 1,500 Baht = longer than three months but
does not exceed six months.
4. 3,000 Baht = longer than six months but
does not exceed one year.
5. 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.
6. 500 Baht/Book = Substitute of a permit
7. 1,000 Baht/time = Permission to change or add job description.
8. 3,000 Baht/time = Permission to change or add employer
9. 1,000 Baht/time = Permission to change or add the locality or place of work
10. 150 Baht/time = Permission to change or add conditions
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.
PLACES TO CONTACT
Office of Foreign Workers Administration
Department of Employment Ministry
Mit - Maitree Road, Dindaeng Bangkok 10400
Tel. :0 245 - 2745
One Stop Service
Center for Visa and Work Permit
Department of Employment
18th Floor, Jamjuree Building
319 Prayathai Road, Pathumwan
Pathumwan Bangkok 10330
Tel: 0-2209-1100 Call Center 1178
Regional Office :
a Provincial Employment Office
in the respective province
OFFICE OF FOREIGN WORKERS
DEPARTMENT OF EMPLOYMENT MINISTRY
MIT-MAITREE ROAD,DINDAENG BANGKOK 10400 TEL 02-245-2745