A holder of permit must keep the permit on himself or at the place of work during work in order that it may be readily shown to competent official or Registrar. 55, No. Thai Lawyers All Rights Reserved. Other key laws governing foreign investment are the Alien Employment Act (1978) and the Investment Promotion Act (1977). 2522. Section 36. Section 22. An alien who may apply for a permit under section 7 must possess the following qualifications: (1) having a place of residence in the Kingdom or having been permitted entry into the Kingdom for temporary stay under the law onimmigration but not as tourist or in transit;(2) not being disqualified or prohibited under the conditions prescribed by the Minister as published in the Government Gazette. No person shall engage an alien to work for him other than the holder of permit and in the work of the category or nature and at the working area or work place as specified in the permit. That's because, many years ago, Thai authorities drew up a list of 'Prohibited Occupations' that fall under the Alien Employment Act jobs foreigners are not allowed to do in Thailand and that list is still in use today. (2) Renewal of the permit each time 20,000 Baht, (3) Substitution of the permit each 3,000 Baht. 281 of 1972 (Investment Promotion Act). Section 15. NATLEX Database of national labour, social security and related human rights legislation Thailand > The primary Thai laws and ordinances governing "aliens", or non-Thai nationals, working in Thailand are the Alien Workers Act, B.E. 2551 ("Alien Workers Act") and the Royal Ordinance on Bringing Alien Workers to Work with an Employer in the Kingdom of Thailand, B.E. 2008-02-13 (THA-2008-L-81025) Alien Working Act, B.E. Country: Thailand: Subject(s): Equality of opportunity and treatment: Type of legislation: Regulation, Decree, Ordinance: Adopted on: 2001-02-01 . The period of each renewal shall not exceed two years and the renewal shall be made only in necessary case so as to deter the settlement of alien in the Kingdom. The Announcement of the National Executive Council No. 125, Part 37A, pp. Countersigned by:General Kriangsak ChomananPrime Minister, (1) Work permit each year 1,000 Baht each(2) Renewal of a permit or extension of working period each year 1,000 Baht each(3) Permit substitute 300 Baht each(4) Permission for changing work or locality or place of work 500 Baht each, Certified correct translation (Taksapol Chiemwichitra) Office of the Council of State. Section 23. Foreign investment in most service sectors is limited to 49 percent ownership. WORKING OF ALIEN ACT Unofficial translation. Foreigners working in contravention of the Act may be imprisoned. The Board shall have the powers and duties as follows: (1) to lay down guideline, rules, conditions and priority for spending of the Fund for each year in accordance with the objectives of the fund; (2) to determine rule for calculation of necessary cost in relation to the repatriation or deportation of the employee, alien or deportee of each nationality; (3) to consider and allocate money of the Fund for financing each objective of the fund in accordance with the guideline and priority under (1); (4) to consider and allocate money of the Fund to concerned agencies as advance money for repatriation or deportation of the employee, alien or deportee; (5) to issue regulations relating to the receipt, spending, keeping or benefiting of money and internal audit of the Fund; (6) to issue regulations relating to the rules and procedure for payment of money of the Fund to concerned agencies for the repatriation or deportation of the employee, alien or deportee and for payment of advance money under (4). Whoever desires to engage the alien under paragraph one shall notify the registrar in the form as specified by the Director-General and shall pay the levy at least three days prior to the date of hired contract. 2521. The permit granted under the Announcement of the National Executive. Section 22. In the issuance of such Ministerial Regulation, regard shall be had to national security, occupation opportunity of Thais and demand for alien labour as necessary for the development of the country. A qualified member who vacates from office may be reappointed, but not more than two consecutive terms. Section 19. Section 32. *Published in the Government Gazette Vol. Section 37. Copyrights 2016. Thailand - Alien Work Permit Act of 1978. The notice under paragraph one shall be in the form prescribed by the Director-General. The Board may appoint not more than two officials of the Department of Employment to be assistant secretaries. Section 36. Section 35. Section 10. Upon submission of the application under paragraph one, the applicant may engage in that work until the registrar refuses the renewal. Industries which must be majority-owned by Thais included the newspaper business, radio stations, television stations, rice farming . 2515; (5) born in the Kingdom but not entitling to Thai nationality by the provisions of the law on nationality. 2544. Certain occupations and professions may, by special decree, be prohibited for foreigners. The provisions of this section may come into force in any area, to the alien of any nationality, for any category or nature of work, during any period or season and with any condition upon the Notification of the Council of Ministers as prescribed in the Government Gazette. Section 29. Section 12. Working Illegally in Thailand | Thai Work Permit In this case, they shall also have the power to make an inquiry or summon any document or evidence from a person in charge of or relate to that place. Thailand: New Law on Foreign Employees and Migrant Workers In the issuance of the permit, the registrar may impose any conditions to be complied with by the alien. The employee who departs the Kingdom on his own expense shall be entitled to claim his deducted salary which has been remitted to the Fund. Upon receipt of application, the Director-General or official entrusted by the Director-General shall issue a permit without delay. Section 34. 322, dated 13th December B.E. Any person who employs an alien in violation of section 22 shall be liable to imprisonment for a term not exceeding three years or to a fine not exceeding sixty thousand Baht or to both. Foreign Employment in Thailand: Work Permit Exemptions - Greenhouse Section 2. 2521 as well as the Alien Working Act, (No. Other key laws governing foreign investment are the Alien Employment Act (1978) and the Investment Promotion Act (1977). Section 13. Section 52. The provisions on the committee having duty to conduct administrative procedure under the law on administrative procedure shall apply to the appointment of the qualified members of the Board and the meeting of the Board mutatis mutandis. The determination, result of consideration and regulations under this section shall be published in the Government Gazette. 2022 Guide to Work Permit Exemptions - Siam Legal International Ministerial Regulation on the deduction of wages for import Fund for Aliens Returns Out of the Kingdom, 2060. Prior to the expiry date of the permit, if the holder of permit desires to continue engaging in that work, he shall apply for the renewal of that. In order to limit the number of aliens other than skilled workers or experts to engage in specific categories of works or in works with specific nature in the Kingdom, the Minister may, with approval of the Council of Ministers, impose by notifying in the Government Gazette the levy for hiring of aliens other than skilled workers or experts to engage in specific categories of works or in works with specific nature in the Kingdom. This Act does not apply to performance of specific duty by aliens in the Kingdom in the following capacities: (1) as members of a diplomatic mission; (2) as members of a consular mission; (3) as representatives of member countries and officials of the United Nations and specialized institutions; (4) as personal servants coming from foreign countries to work regularly for persons in (1) or (2) or (3); (5) as persons who perform duty or mission under an agreement concluded between the Government of Thailand and foreign Governments or international organizations; (6) as persons who perform duty or mission for the benefit of education, culture, art, sports or other activities as may be prescribed by the Royal Decree; (7) as persons permitted by the Government of Thailand to enter and perform any duty or mission. Section 4. In the performance of duties under this Act, the Director-General, the registrar and the competent official shall be the competent official under the Penal Code. Notice of Ranong Province on Measures for the Management of Certain Categories of Aliens, 2007. Section 8. CHAPTER I - Alien Working Part I - General Part II - Work Permit CHAPTER II - Alien out of Kingdom . Section 17. Remark: Reference to Thai legislation in any jurisdiction shall be made to the Thai version only. Subject to the law on immigration, any person wishing to employ an alien in his business in the Kingdom may submit anapplication on behalf of the alien to the Director-General or official entrusted by the Director-General. PDF Alien Business Act B.E. 2542 (1999) Translation Section 45. The Board shall have the power to appoint its subcommittee so as to consider or perform any act as entrusted by the Board. Royal Ordinance Concerning the Management of Employment of Foreign Workers, B.E.2560 (2017). Such receipt shall at least specify name and identification number of the employee whose salary has been deducted and remitted to the Fund and the unpaid amount. The issuance of the receipt under paragraph one and the certificate under paragraph two and the issuance of the substitution under paragraph three shall be in accordance with the form, rules and procedure as prescribed by the Ministerial Regulation. The application for and the granting of renewal shall be in accordance with the rules and procedure as prescribed by the Ministerial Regulation. Within two years as from the departing date, if the employee under paragraph one enters into the Kingdom and engages in the work as specified in the permit which is still valid or engages in the work as specified in the new permit and. , Government Gazette, 2008-02-21, Vol. (No. 2515 shall continue to be valid as long as it has not expired and the holder of permit continues to engage in the work for which he has been granted the permit. 2515 or under other laws;(4)aliens whose Thai nationality has been revoked under the Announcement of the National Executive Council No. Pending the issue of permit, the applicant shall be allowed to engage in such work. Work Permit for foreigners in Thailand | Thai Company and Foreign Home Immigration Act, B.E. In the case the work which an alien is engaging is prohibited under the Notification of the Minister, such alien may continue in such work for one hundred and eighty days from the date this Act comes into force. The Minister of Interior shall have charge and control of the execution of this Act and shall have the power to appoint theRegistrar and competent officials and issue Ministerial Regulations prescribing fees not in excess of the rates attached hereto, granting exemption of fees and prescribing other activities for the execution of this Act. Any alien who is working in violation of section 10, section 18 or section 20 shall be liable to a fine not exceeding one thousand Baht. Members appointed by the Minister hold office for a term of two years and may be re-appointed. 322, dated 13th December B.E. The provisions of paragraph one shall not apply to the employee having the receipt issued under section 16 paragraph one showing that he completely paid to the Fund or having the certificate issued under section 16 paragraph two and the employee who has shown in the evidence of the registrar that he completely paid to the Fund, particularly to the employee whose money has not yet returned under section 18 or who has not been repatriated. 2520 (1977). 2515 or under other laws.An alien may engage in such works as prescribed by the Minister under paragraph one only upon receipt of a permit from the Director-General or official entrusted by the Director-General. There shall be the Committee Considering Appeal on Working of Alien, consisting of the Permanent Secretary of the Ministry of Labour as Chairperson, a representative of the Ministry of Foreign Affairs, a representative of the Office of National Economic and Social Development Board, a representative of the Office of Attorney-General, a representative of the Department of Business Development, a representative of the Office of the Board of Investment, a representative of the Royal Thai Police, a representative of employers organization, a representative of employees organization and not more than three qualified persons appointed by the Minister as members. 2528 (1985) Alien Employee Act B.E. An alien under section 12 who is engaging in any work on the date this Act comes into force may continue in such work until there is a Notification of the Minister under section 12. Thailand - Alien Work Permit Act of 1978. In the performance of duties under this Act, the Director-General, the registrar and the competent official shall have the powers as follows: (1) to have written inquiry or summon any person to give statement and to produce document or evidence; (2) to enter into, for the purpose of inspection under this Act and with warrant of the Court, any place during working hour or the period believed to have work if there is a reasonable ground to suspect that there is an alien working in that place illegally, except the entering between sunrise and sunset. Section 19. A Permit issued under the Announcement of the National Executive Council No. Foreign employment working of aliens act | Translations | Laws in Thailand Employment Law working in Thailand To be able to legally work in Thailand the foreigner must have a valid non-immigrant visa and a work permit issued in his name allowing him to perform a specific job at a specific location for a specific company in Thailand. In performing the duties under this Act, the Director-General or official entrusted by the Director-General, Registrar orcompetent official shall be an official under the Criminal Code. The Committee has the duty to consider, give recommendation or advice to the Minister as follows: (1) the issue of Royal Decrees under section 4 (6) and section 6;(2) prescription of work which the Minister may publish under section 12;(3) the issue of Ministerial Regulations under section 16;(4) consideration of appeal of order under section 17;(5) other matters as entrusted by the Minister. The auditor shall report the result of the audit to the Board for further submission to the Council of Ministers within one hundred and twenty days as from the ending date of the accounting year, and the Department of Employment shall publicise the financial statement as audited by the auditor within fifteen days as from the date the acknowledgement of the Council of Ministers has been given thereto. The Director-General or official entrusted by the Director-General may issue permit to an alien under paragraph one only after the entry into the Kingdom of such alien. The carrying out of any conduct in relation to the arrest under paragraph two and the joint inquiry under paragraph three shall be in accordance with the rules and procedure as the Director-General and the Commissioner-General of the. 2551, which came into force on 23 February 2008, repealed and replaced the Alien Working Act, B.E. Office of Permanent Secretary, Ministry of Labor, Mitmaitri Road and Din Daeng District Bangkok 10400; -2232-1462-4 Section 20. Urgent Work Permit for Temporary Work in Thailand Any person who employs an alien in his business prior to the date the Announcement of the National Executive Council No. Thailand . Working in Thailand | ThaiEmbassy.com Section 21. The Director of the Office of Foreign Workers Administration shall be member and secretary. Section 34. If you are a foreigner and you intend to work in Thailand, you are subject to the Alien Employment Act, which requires you to have a work permit to be issued by the Department of Employment, Ministry of Labor, or unless it falls within an exception of the said Act. Alien means a natural person who is not of Thai nationality; Work means engaging in work by exerting energy or using knowledge whether or not in consideration of wages or other benefits; Holder of permit means an alien who has been granted a permit; Employee means the holder of permit under section 9, section 11, section 13 (1) and (2) and section 14 who has been granted to engage in work as prescribed by the Ministerial Regulation issued under section 15; Board means the Board of Alien Repatriation Fund; Committee means the Committee Considering Working of Alien; Appeal Committee means the Committee Considering Appeal on Working of Alien; Competent official means a person appointed by the Minister for the execution of this Act; Registrar means the Director-General and the competent official appointed by the Minister upon recommendation of the Director-General so as to grant permit and to perform other duties under this Act; Director-General means the Director-General of the Department of Employment; Minister means the Minister having charge and control of the execution of this Act.

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