Work Permit Application

 

 

  1. Definition 

        “Alien” means a natural person who is not of Thai nationality; “ Work ” means to engage in work by exerting energy or using knowledge whether or not in consideration of wages or other benefits.

 

  2. Aliens who are not in the Kingdom of Thailand but wish to work in the Kingdom must comply with the following:

         - Contact a Royal Thai Embassy or Consulate in your country for advice and recommendation for granting a non-immigrant VISA.

         - Employers in Thailand may apply for a work permit for prospective alien employees who wish to work in the Kingdom. After the work permit has been granted the alien may enter Thailand to receive the work permit and then start working.

 

   3. Aliens who are in the Kingdom of Thailand and wish to work in the Kingdom must comply with the following:

          - 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. (Any violation thereof shall be liable to a fine not exceeding one 1,000 Baht)

         - 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. (Any violation thereof shall make the employee liable to imprisonment for a term not exceeding 3 months, or to a fine not exceeding 5,000 Baht, or to both penalties)

        - An alien who performs work that is prescribed by the Royal Decree B.E. 2522 which prohibits alien employment in certain occupations and professions is liable to imprisonment for a term not exceeding 5 years or to a fine from 2,000 to 100,000 Baht, or both penalties. 

 

   4. Aliens who already have work permit to work in the Kingdom must comply with the following: 

         - An alien must keep the work permit with him/herself or at the work place during working hours in order to be ready present to the official or the registrar. (Any violation thereof shall be liable to a fine not exceeding 1,000 baht)

        - An alien shall engage in the work as specified in the work permit only. In case the alien wish to engage in other work or change the locality or place of work from that which is specified in the permit, the permission from the registrar is a must. (Any violation thereof shall be liable to imprisonment for a term not exceeding 1 month or to a fine not exceeding 2,000 Baht, or to both penalties)

        - An alien who is granted a permission to extend the working period under the Board of Investment (BOI) law or other laws has to notify the official with in 30 days from the date the period is extended. (Any violation shall be liable to a fine not exceeding 500 Baht)

        - Before a work permit is expired and the alien wishes to continue working has to apply for work permit renewal prior to the expiration of work permit. (Any violation shall be liable to imprisonment for a term not exceeding 3 months or to a fine not exceeding 5,000 Baht, or to both penalties)

        - In case the work permit is damaged or lost, the alien has to apply for a work permit substitute within 15 days from the date he is aware of its lost. (Any violation shall be liable to a fine not exceeding 500 Baht)

        - In case the alien’s name, last name, nationality, address, or name of work place is changed, he has to apply for the revision of such information immediately. In case the alien resigns from the work, work permit shall be returned to the registrar with in 7 days from the date of his resignation.

 

   5. Employer who wish to employ the aliens must comply with the following: 

         - The employer is not allowed to employ the alien who does not have a work permit or the type of work or the condition is not the same as specified in the work permit. (Any violation shall be liable to imprisonment for a term not exceeding 3 years or to a fine not exceeding 60,000 Baht, or to both penalties)

        - The employer must submit the notification within 15 days of the commencement or termination of work or the change of the locality of work. 

 

   6. An appeal

         In case the application for a work permit or the renewal of the work permit or changing place of work is not approved, the applicant shall make an appeal in writing to the Director-General of the Department of Employment within 30 days from the date the refusal is informed.

 

Source: www.mol.go.th

 

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