You are using an outdated browser and your browsing experience will not be optimal. Please update to the latest version of Microsoft Edge, Google Chrome or Mozilla Firefox. Install Microsoft Edge

May 24, 2018

Relaxation of Work Permit Requirements in Thailand

Subscribe to Updates
Informed Counsel

The Royal Decree on Managing the Work of Foreigners (No. 2) B.E. 2561 (2018) came into effect on March 28, 2018, and is the third significant reform to Thailand’s law on work permits in the past three years. The new amendments are aimed at addressing the concerns of foreign workers over penalties related to work permit requirements imposed by the Royal Decree (No. 1) B.E. 2560 (2017) earlier in 2017. The key changes introduced by the amendments are detailed below.

Definition of work. The definition of work has been reworded, and now reads: “To perform any professional work, regardless of whether or not there is an employer, but excluding the conduct of business of foreign business license holders according to the Foreign Business Act.”

Additional work permit exemptions. The amendment provides for work permit exemptions in certain cases, as follows:

  • Foreigners who occasionally enter Thailand to organize or attend a conference; to discuss, speak, or present at a conference, training, workshop, or seminar; to perform art and cultural activities; or to participate in sports or any activities to be prescribed by the Cabinet.
  • Foreigners who enter Thailand for the purpose of establishing a business or investment, or who possess knowledge and a high level of skill, which will be beneficial to Thailand’s development, as prescribed by the Cabinet.

Qualifications of work permit applicant. A foreigner who wishes to apply for a work permit must not have been penalized for working without a work permit or for working outside the permitted scope of their permit, except in the cases where:

  • a period of not less than two years has elapsed from the date upon which the foreigner completes his/her sentence (if any); or
  • special approval has been granted.

Waiver of government fees. Government fees are waived for changes or additions to: (1) type of work; (2) employer; (3) location; or (4) conditions. Additionally, such changes or additions no longer require approval but only a post-change/addition notification.

Online notification. Any notification can be submitted electronically, and the time for the registrar to acknowledge the notification shall be clearly prescribed.

Urgent work permit notification. Urgent and necessary work, which was previously strictly limited to not more than 15 days, is now extendable for up to 15 days if such work by the foreigner is not finished in time. Notification to the registrar is required, and failure to do so will lead to a fine of not more than THB 50,000 for the foreigner.

Notification by employer. The employer will now have the duty to notify the registrar of the name, nationality, and type of work of a foreign employee within 15 days from the date of hiring the employee, and also within 15 days from the date that the employment ends. Failure to submit this notification will lead to a fine of not more than THB 20,000 for the employer. According a notification by the Thai Department of Employment, which came into effect on April 28, 2018, this requirement does not apply to an employer who has already hired a foreigner who holds a valid work permit with that employer.

Notification by foreign employee. A foreigner also has the duty to notify the registrar of the name of his/her employer, place of work, and type of work within 15 days from the date of being hired, and also within 15 days from the date of leaving that employer for another. Failure to do so will lead to a fine of not more than THB 20,000.

Presentation of work permit. Foreigners are no longer required to keep their work permit book with them or at their workplace during working hours. The amendment merely requires them to, upon request, present their work permit to the officer or registrar within an appropriate timeframe. Failure to do so will result in a fine of not more than THB 5,000.

Sanctions for noncompliance. The major penalties that have been significantly reduced by the amendment are listed below.

The amendment provides for a grace period before the new penalty rates become effective on July 1, 2018. Additionally, the Ministry of Labor is formulating a list of types of work strictly prohibited to foreigners, and expects to announce the list on the same date.

Download Full Article
Related Professionals

Practices

Employment

Location

RELATED INSIGHTS​ 

September 9, 2026
On August 25, 2026, Thailand’s cabinet approved in principle a draft amendment that would extend mandatory social security coverage to three categories of workers currently excluded from Thailand’s compulsory social security system. The amendment, proposed by the Ministry of Labour, would modify the Royal Decree Prescribing Businesses and Employees Excluded from the Social Security Act B.E. 2560 (2017). Newly Covered Workers The cabinet-approved proposal would remove the exclusions for the following three categories of employees, bringing them within Thailand’s mandatory social security system: Workers in seasonal cultivation (pho pluk), forestry (pa mai), and livestock (liang sat) businesses that do not employ workers year-round and whose operations do not include other types of business activities. Notably, fishery (pramong) workers were excluded from this amendment following objections raised at a Social Security Board meeting on April 30, 2025, because employers and employees in the fishery sector can already agree to opt into social security coverage under fishery labor laws. Domestic workers and other employees of individual employers where the work performed is not part of a business operation (e.g., housekeepers, gardeners, drivers). This group has actively demanded inclusion in the social security system. Workers employed in street-stall businesses operating fixed street stalls (kan kha phaeng loi). The rationale for including street-stall workers is that their employers have fixed, identifiable places of business that can be inspected. Accordingly, workers engaged in itinerant street hawking (kan kha re) remain excluded. The expanded coverage would apply to both Thai and foreign employees who possess valid identity documents and work permits, including migrant workers who have been granted special permission to work in Thailand. The Social Security Act B.E. 2533 (1990) does not restrict social security registration based on nationality, allowing these workers to register as insured persons under section 33. Employer Obligations and Employee
Read More
September 4, 2026
Thailand’s cabinet has approved two draft amendments aimed at improving labor-related judicial proceedings. The proposed amendments to the Act on the Establishment of Labor Courts and Labor Case Procedure B.E. 2522 (1979) and the Act on Procedures for Human Trafficking Cases B.E. 2559 (2016) are intended to make the process more efficient, appropriate, and fair. Key elements of these proposed amendments are outlined below. Expansion of Labor Court Jurisdiction Under the current framework, labor courts generally hear labor disputes, while criminal offenses under labor laws are handled separately. Matters involving both labor and criminal issues may therefore require the parties to pursue proceedings before different courts. To address this, the proposed amendments would expand the jurisdiction of labor courts to cover certain criminal offenses under labor laws. The government states that the change is intended to allow related issues to be heard by judges with expertise in labor law and to reduce the need for parallel proceedings. The proposed amendments also set out the following rules for cases involving multiple offenses. Where a single act gives rise to multiple offenses and at least one of those offenses falls within the jurisdiction of the labor court, the labor court may hear the related offenses as part of the same case. Where multiple connected acts give rise to different offenses, the labor court may hear the matters together or transfer part of the case to the appropriate court, taking into account convenience and the interests of justice. Criminal Offenses Covered The proposed amendments would extend labor court jurisdiction to criminal offenses under 11 labor-related laws, including laws concerning: Home workers protection Labor protection Labor protection in fisheries work Employment and job-seeker protection Management of foreign workers Social security Occupational safety, health, and working environment Compensation Maritime labor State enterprise labor relations
Read More
August 31, 2026
Thailand has introduced a new regulatory framework that may expose foreign nationals who violate the Foreign Business Act (FBA) to deportation. The Regulation of the Office of the Prime Minister on Deportation B.E. 2569 was published in the Government Gazette on August 27, 2026. The regulation establishes an administrative process for referring foreign nationals for deportation where this is deemed necessary in the interests of public order or public morality. It does not create new substantive deportation powers, but it expressly identifies unlawful business conduct under the FBA—including nominee arrangements—as grounds for referral. Grounds for Deportation Referral The regulation sets out five grounds that may give rise to a referral to the relevant authorities: Unlawful entry into, or unlawful stay in, Thailand in violation of immigration laws. Unlawful employment or engagement in work in violation of laws governing the employment of foreign nationals. Carrying on business in violation of the FBA, including through the use of nominee arrangements. Forging official documents or using forged official documents. Committing an offense punishable by imprisonment of five years or more. The framework takes a broad approach, extending not only to the perpetrators of these acts but also to those who facilitate, instigate, or otherwise support such acts. Deportation Risk Following a Criminal Judgment Where a foreign national has committed any of the above offenses and has fully served the sentence imposed pursuant to a final judgment, the interior minister has the power to order deportation. This power also applies where a court has issued a final judgment sentencing a foreign national to imprisonment but has suspended the execution of the sentence, or has imposed a fine. A deportation order may also specify a period during which the foreign national is prohibited from reentering Thailand. FBA Noncompliance: Broader Consequences Noncompliance with the FBA—including
Read More
August 20, 2026
As part of its membership in Lex Mundi, Tilleke & Gibbins has released the latest edition of its Guide to Doing Business in Thailand, providing an overview of the legal, regulatory, and commercial considerations for companies establishing or expanding operations in Thailand. The 2026 edition offers practical insight into the country’s business environment, investment framework, and operational requirements. The guide covers a wide range of topics relevant to foreign and domestic investors, including: Investment incentives and promotion schemes Financial facilities and banking regulations Exchange controls and money transfers Import and export regulations Business structures and incorporation options Requirements for establishing a business Operational and compliance considerations Business cessation and insolvency procedures Employment and labor laws Taxation Immigration and visa requirements Prepared by Tilleke & Gibbins lawyers across multiple practice areas, the publication outlines key aspects of doing business in Thailand, including foreign investment restrictions, regulatory compliance obligations, corporate structures, employment requirements, and recent legal and economic developments affecting investors. The publication forms part of Lex Mundi’s Country Guides series, a global collection of jurisdiction-specific reference materials prepared by member firms around the world. Together, these guides help companies evaluate opportunities, compare regulatory environments, and plan international business activities across multiple markets. The full Guide to Doing Business in Thailand 2026 is available through the button below.
Read More