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mercredi mars 29, 2017
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Work permits in Thailand

 

Every foreigner working in Thailand, having a salary or not, must have a valid work permit. There are few exceptions in the Law, like for members of embassies, but they are rare.

 

Depending if you apply from abroad, inside Thailand or to renew your work permit, documents to submit may vary. The delays and process can also vary from a labour office to another.

 

 

 

Work permit application (source: Ministry of labour)

 

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 wishes 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 within 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, they have to apply for a 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, they have 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 within 7 days from the date of his resignation.

 

5. Employer who wishes 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.

 

 

 


 

 

 

There are different forms and documents to submit depending on your application:

 

 

 

W.P.2

(FOR FIRST TIME APPLICATION OR REAPPLICATION DUE TO EXPIRING)

 

QUALIFICATIONS OF AN APPLICATION

 

 

  1. Having residence in the Kingdom or having permission to stay in the Kingdom temporaily under lmmigration law (only NON-IMMIGRANT VISA is acceptable).
  2. Having the knowledge and/or skills to perform the work as stated in the application for a work permit.
  3. Not being insane or mentally sick, suffering from leprosy, tuberculosis, drug addiction, alcoholism, and elephantitus.
  4. Never having been imprisoned for violation of the lmmigration Law or the Working of Alien Act at least one year prior to the date of application

 

DOCUMENTS REQUIRED Please arrange documents in the following order:

 

  1. Application Form with 3 (5 x 6 cm.) recent photographe (taken within the last six months)
  2. A certificate signed by the employer showing the need to employ a foreigner (the form provided by Department of Employment).
  3. Copy of the applicant's education certificate and job experience record. ( Form provided by Department of Employment is accepted in case such foreigner cannot submit the copy when applying)
  4. Medical certificate showing that the applicant does not suffer from prohibited diseases, as diseases, as identified by the law. (issued within the last six months).
  5. Passport and one copy of all pages or Certificate of Permanent Residence and Certificate of Alien with a copy.
  6. Power of Attorney with 10 Baht duty stamp affixed and a copy of appointee's I.D. card (if the applicant is unable to apply in person).
  7. Map showing the location of company/enterprise
  8. W.P.10 Forms (Tor Thor 10) for notification of the commencement of work, a Power of Attonery made by the employer with 10 Baht duty stamp affixed and a copy of employer's I.D. Card.

Supported Documents as category of employer

 

  1. Company

1.1 A copy of Thai Company Registration and a copy of recent shareholders 'list. (updated within six months). Or foreign juristic person needs to submit a copy of Business Operation License of such foreigner and document about money import.
1.2 Copy of VAT Registration; (form phot por 01) identifying type of business and (form Phor Por 09) if there is any change.
1.3 List of foreign workers who work at this company identifying work permit number.
1.4 A copy of employer's work permit in case of he/she is a foreigner. If the employer is not working in Thailand or has no work permit, power of attorney certified by Notary Public is needed.
1.5 Company engaging any business which a license from the relevant Authority is needed, for example: Factory License. Restaurant License, Liquor License, Cigarette License, Hotel License, Tourism License, Hospital License, Chemical lmport License, etc.

 

  1. Private school teacher / Private university

2.1 The certificate letter from the organization of Ministry of Education.
2.2 A copy of teacher license (Sho-Cho 11) and a copy of teacher placement license (sho-cho 18)
2.3 A copy of the license of the school establishment / A copy of the license of the university establishment and A copy of the documents show the name of employer has the right for signing on the behalf of the university.

  1. Government organization / Teacher of government school

A certificate letter from the govemment organization/Ministry of Education and school, which shows applicants' name, position and work period.

  1. Association/ organization/ foundation

License of association/ organization/ foundation establishment (plus the list of managing director)

  1. Film making

5.1 A letter from Ministry of Tourism and Sport show the list of applicants' name, position and passpost number and coordinator license
5.2 A copy of Company Registration (updated within six months).

Remark

(1) Any documents in foreign language other than English must be translated into Thai and cerlified by an acadimic Thai native speaker. All the Forms have to be filled in Thai

(2) Every page of the documents to the company need to be certified by the authorized person or the appointee with company seal. Every page of the documents belongs to applicant need to be certified by the applicant himself or the appointee.


 

W.P.3

(TNE APPLICANT HAS NOT YET ENTERED THAILAND. THE EMPLOYER IS RESPONSIBLE FOR APPLYING FOR WORK PERMIT ON HIS/HER BEHALF.)

 

DOCUMENTS REQUIRED Please arrange documents in the following order:

  1. Application Form (W.P.3)
  2. A certificate signed by the employer showing the need to employ a foreigner (the form provided by Department of Employment).
  3. Copy of the applicant's education certificate and job experience record. (Fom provided by D epartment of Employment is accepted in case such foreigner cannot submit the copy when applying)
  4. A copy of Passport.
  5. Map showing the location of company/enterprise
  6. W.P.10 Forms (Tor. Thor 10) for notification of the commencement of work, a Power of Attorney made by the employer with 10 Baht duty stamp affxed, a copy of employer's I.D. Card and a copy of appointee's I.D. Card

 

Supported Documents as category of employer

1.Company

1 A copy of Thai Company Registration and a copy of recent shareholders' list. (updated within six months.) Or foreign juristic person needs to submit a copy of Business Operation License of such foreigner and document about money import.
2. Copy of VAT Registration; (form Phor Por 01) identifying type of business and (form Phor Por 09) if there is any change.
3. List of foreign workers who work at this company identifying work permit number.
4. A copy of employer's work permit in case of he/she is a foreigner. If the employer is not working in Thailand or has on work permit, Power of Attorney certified by Notary Pubic is needed.
5. Company engaging and business which a license form the relevant Authority is needed, for example: Factory License, Restaurant License, Liquor License, Cigarette License, Hotel License, Tourism License,Hospital License, Chemical Import License, etc.

2. Private school teacher / Private university
1. The certificate letter from the organization of Ministry of Education.
2. A copy of teacher license (Sho-Cho 11) and a copy of teacher placement license (Sho- Cho 18)
3. A copy of the license of the school establishment / A copy of the license of the university establishment and A copy of the documents show the name of employer has the right for signing on the behalf of the university.

3. Government organization / Teacher of government school
A certificate letter from the government organization/Ministry of Education and school, which shows applicants' name, position and work period.

4.Association organization/ foundation
License of association/organization establishment (plus the list of managing director)

5.Film making

      1. A letter from Ministry of Tourism and Sport show the list of applicant's name ,position and passport number and coordinator license A copy Registion (updated within six months)
      2. A copy of Company Registration ( Updated within six months)

Remark

  1. Any document in foreign language other than English must be translated into Thai and certified by an academic Thai native speaker. All the Forms have to be filled in Thai.
  2. Every page of the documents needs to be certified by autorized person or the appointee.

 


 

W.P.5 (Work Permit Renewal)
WORK PERMIT MUST BE EXTENDED BEFORE EXPIRY

 

1) Work Permit Renewal according to the due when the last expiry date of the work permit to the due of the yearly renewal (defined on page 5 for first time and them in the parenthesis) The holder must report to THE OFFICE OF FOREIGN WORKERS ADMINISTRATION, Mit-Maitree Rd.Dindaeng,Bangkok.
1. Application Form(W.P.5) and work Permit with a copy.
2. Passport and one copy of all pages or Certificate of Permanent Residence and Certificate of Alien with a copy.
3. Documents as stated in the conditions of work in the Work Permit.(If any)
4. Power of Attorney with 10 Baht duty stamp affixed and a copy of appointee's I.D.card (If the applicant is unable to apply in person).

Supported Documents as category of employer

1.Company

    1.1 A copy of Thai Company Registration and a copy of recent shareholder'list.(updated within six months). Or foreign juristic person needs to submit a copy of Businesses Operation License of such foreigners and documents about money import.

    1.2 List of foreign workers who work at this company identifying work permit numbers.

2.Private school teacher / Private university
2.1 The certificate letter from the office of the organazation of Ministy of Education.
2.2 A copy of teacher license (She-Cho 11) and a copy of teacher placement liccense (She-Cho 18)
2.3 A copy of teacher license of the school establishment / A copy of the license of the university establishment and A copy of the documents showing the name of employer has the right for signing on the behalf of the university.

 

3.Goverment organazation
A certificate letter from the government organization,which shows applicant's name ,position and work period.

 

4.Assocation/organizaton/foundation
License of assocation/organization/foundation establishment(plus the list of managing director)

 

 

 

2) Work Permit Renewal according to the VISA when the duration from the last expiry date of the work permit to the due of the yearly renewal is later than 60 days. The holder must report to THE EMPOLYMENT OFFICE 1-10 or THE OFFICE OF FOREIGN WORKERS ADMINISTRATION

  1. Application Form (W.P.5) and Work Permit with a copy.
  2. A copy of Company Registration (updated within six months).
  3. Passport and one copy of all pages or Certificate of Permanent Residence and Certificate of Alien with a copy.
  4. Power of Attorney with 10 Baht duty stamp affixed and a copy of appointee's I.D. Card (If the applicant is unable to apply in person).

Remark

  1. Any document in foreign language other than English must be translated into Thai and certified by an academic Thai native speaker.All the Forms have to be filled in Thai.
  2. Every page of the document belongs to the company needs to be certified by the authorized person or the appointee with the company seal. Every page of the document belongs to applicant needs to be certified by the applicant himself or the appointee.

 



A FOREIGNER WHO RECEIVES A WORK PERMIT MUST FOLLOW THESE REGULATIONS (Source Thaivisa):

1. Carry the work permit with him/her or keep it in the office during working hours to show to government officers any time.

 

PENALTY : Anyone who violates this rule will be fined not more than 1,000 baht .

2. The foreign must perform the work according to the work permit only. If he/she wants to do different work or change locality of working place, this change must be approved.

 

PENALTY : Anyone who violates this rule will be imprisoned not more than 1 month or fined not more than 2,000 baht or both.

3. The foreigner who wishes to continue working must apply for an extension before the expiration date.

 

PENALTY : Anyone who violates this rule will be imprisoned not more than 3 months or fined not more than 5,000 baht or both.

4. If his/her work permit is materially damaged or lost,The foreigner must apply for substitute within 15 days from the date he/she knows about the damage or disappearance of the work permit.

 

PENALTY : Anyone who violates this rule will be fined not more than 500 baht .

5. In case the foreigner changes his/her first name, last name, nationality , address, or name of the working place, he/she must notify the Employment Service office to update the information as soon as possible.

6. If the foreigner resigns from work, the foreigner must return the work permit within 7 days from the date of the resignation.

 

PENALTY : Anyone who violates this rule will be fined not more than 1000 baht.

 

 

EMPLOYERS WISHING TO EMPLOY A FOREIGNER MUST DO THE FOLLOWING

1.Do not employ the foreigner without a work permit. Do not allow the foreigner to perform work other than that which is specified in his/her work permit, or to work under any other conditions than those specified in the work permit.

 

PENALTY : Imprisonment of not more than 3 years or fine of not more than 60,000 baht or both.

2. An employer who employs the foreigner to work or transfers him/her to work elsewhere or allows the foreigner to resign must notify the Nakhon Ratchasima Employment Service Office within 15 days from the employment, transfer or termination date

 

PENALTY : Anyone who violates this rule will be fined not more than 1,000 baht .

NOTE:

All aliens engaged in any kind of work in Thailand must hold a valid work permit, issued principally by the Department of Employment of the Ministry of Labor and Social Welfare pursuant to the Alien Employment Act B.E. 2521 (A.D. 1978).

The term "work" is defined very broadly, covering both physical and mental activities, whether or not for wages or other remuneration. Working without a valid work permit even for a day is a criminal offense.

The validity period of a work permit is governed by the holder's immigration status, i.e. a work permit usually expires on the last day of the period of stay allowed by immigration officials as shown on the alien's visa. Aliens holding transit and tourist visas are not permitted to work.

 

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