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 13, 2021
Businesses in Vietnam recognize the need to vaccinate their workers in order to keep their factories and workplaces open. In this article, we explore whether employers may require their employees to be vaccinated, as well as associated disclosure and privacy issues under Vietnamese law.
Read More
September 13, 2021
With COVID-19 cases continuing to pose a significant threat throughout Thailand, many employers have ordered their employees to work exclusively from home in order to minimize their chances of contracting the virus. However, this luxury is not afforded to all employees—some are unable to work from home due to the nature of their work, and consequently they are placed in the precarious position of being exposed to possible infection. Thailand’s Social Security Office (SSO) understood these risks early in the pandemic and, in March 2020, issued guidelines through the Workmen’s Compensation Fund Office on employees’ entitlement to claim benefits from the workers’ compensation fund (WCF) if they contract the virus as a result of their work. The WCF provides medical-related assistance and compensation to employees who directly suffer from a work-related injury or sickness (subject to certain conditions). Falling ill with COVID-19 during the performance of work duties may constitute suffering work-related sickness, thereby allowing employees to claim compensation from the WCF by submitting the Kor Thor 16 form, a medical certificate, treatment records, records of the employee’s working hours, and other relevant documentation. Upon receiving a claim, the SSO will investigate by collecting facts and evidence from the employer, the infected employee and his or her colleagues, and any witnesses. The official will examine the employee’s duties and working conditions in detail, taking into consideration any relevant information, such as evidence regarding the employee’s travel or movements prior to falling sick. Once all the facts and evidence are gathered, the matter will be submitted to a medical subcommittee responsible for determining whether the employee’s onset of COVID-19 is due to his or her work. If the subcommittee finds that the employee’s contraction of the virus did indeed result from the performance of his or her work duties, the
Read More
August 26, 2021
Around the world, COVID-19 is continuing to threaten the health of millions, interrupt daily life, and throttle business activity. In Thailand, the latest wave of infections has been more intense than any since the beginning of the pandemic, and many businesses have been forced to close down once again. There are reasons for hope though—chief among them the increasing pace of vaccinations. Not only are the vaccines effective at preventing serious health issues, they are helping keep both employees and customers safe in business settings so that commerce, trade, and tourism can resume once again. Many in Thailand have already been vaccinated, and struggling employers are looking ahead to safely resuming full business activities, from reopening offices for employees who have been working from home, to welcoming customers and clients back to an environment that minimizes the risk of COVID-19 exposure. In anticipation of such a return to business at full capacity, many Thai employers are taking note of companies and organizations overseas boosting COVID-19 safety in workplaces by mandating vaccines and other measures, and asking whether such mandates could be imposed here in Thailand. The main legal concept to consider here is the provision in the Labor Protection Act B.E. 2541 (1998), which authorizes employers to issue “lawful and just” orders to employees. For an order to be “lawful and just,” it must be proportionate to the circumstance. In the current context of the COVID-19 pandemic, employers can refer to the Communicable Diseases Act B.E. 2558 (2015), as well as other local regulations, to provide grounds when asserting that their risk-mitigation orders are proportionate, lawful, and just. It is doubtful that a Thai court would rule that the circumstances we find ourselves in now would justify an employer requiring employees to be vaccinated, but this legal standard can
Read More