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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 VISA.

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 permit.

 

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

Bangkok :

Office of Foreign Workers Administration

Department of Employment Ministry of Labour

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

 

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OFFICE OF FOREIGN WORKERS ADMINISTRATION

 

DEPARTMENT OF EMPLOYMENT MINISTRY OF LABOUR

 

MIT-MAITREE ROAD,DINDAENG BANGKOK 10400 TEL 02-245-2745