Working without a Thailand Work Permit? It's Just Not Worth it
http://www.lawsays.net/articles/10719/1/Working-without-a-Thailand-Work-Permit-Its-Just-Not-Worth-it/Page1.html
Gregory Smyth
For nearly 30 years, Bamrung Suvicha Apisakdi Law Associates (BSA Law) has focused on providing reliable legal advice and services to the Thai and foreign business community in Thailand. We provide international standards of legal services while retaining the customs of the Thai business culture. By Gregory Smyth
Published on 11/17/2011
It might be tempting to make some money while staying in Thailand but get caught working without a Thailand work permit and you risk deportment, fines or even jail time. Thailand law is extremely strict when it comes to foreigners working inside its borders, but with the right visas and permits there's no reason why a visit to this south-east Asian paradise can't combine business and pleasure.
Thailand is popular for expats wanting to work and discover a new culture and lifestyle.
English language and information technology are among the most sought-after employment skills, but there is also work to be found in the fitness, music and entertainment, hospitality and corporate sectors.
While there is much to love about Thailand, travellers need to be careful to respect Thai laws or risk heavy fines, deportment or even jail time.
One common mistake foreigners make is working without a Thailand work permit. Many get caught out under the mistaken belief their employer - often a school, fitness centre, securities telemarketer or currency trader - is taking care of the paperwork and that in the meantime they can work with a non-immigrant visa.
This is illegal and in the past has landed many expats in hot water.
Key laws for foreign workers
Leading Thai law firm BSA Law advises the relevant law relating to Thailand work permits and employment for foreigners is the Foreign Employment Act (2008).
The Thai law company recommends foreigners looking to work while in Thailand enter the country on a non-immigrant visa and engage a law firm in Thailand to assist with work permit requirements.
Unless carefully worded, work permit applications may be rejected as Thai authorities are mindful of not allowing foreigners to take jobs from Thai workers.
BSA Law is one of a number of legal services in Thailand which offer a Thai visa service and work permit service to foreigners. This includes completing all the relevant paperwork required by the immigration and labor departments.
Company requirements
A Thai company wanting to employ foreigners must have two million baht registered capital and an acceptable ratio of Thai to foreign workers.
Under Thailand law foreigners are barred from working in particular fields and these include agriculture, forestry, architecture, certain manufacturing industries, hairdressing and professions including law and accountancy.
Companies with Board of Investment (BoI) privileges may be exempt from these requirements.
Obtaining a Thai work permit
Foreigners can only obtain a work permit after arriving in Thailand on the appropriate category of non-immigrant visa (issued by the Thai Embassy or a consulate outside of Thailand).
The process of obtaining a Thai work permit typically takes up to seven working days in Bangkok and up to two months in Phuket. (That is, unless the company recruiting you has BoI authorisation, in which case applications can be processed in just a few hours.)
Once the paperwork has been approved, you will be required to appear in person at the Thai Labor Department with your passport.
It is important to understand that a Thai work permit is only valid for the stated company and location - if you change jobs even within the same sector or if your office address changes you will need to make a new application.
There are strict working requirements for foreigners under Thai law. Consulting an experienced legal service in Thailand will not only improve the chances of receiving a work permit, but make sure you're aware of your rights and responsibilities under Thai labor law.
English language and information technology are among the most sought-after employment skills, but there is also work to be found in the fitness, music and entertainment, hospitality and corporate sectors.
While there is much to love about Thailand, travellers need to be careful to respect Thai laws or risk heavy fines, deportment or even jail time.
One common mistake foreigners make is working without a Thailand work permit. Many get caught out under the mistaken belief their employer - often a school, fitness centre, securities telemarketer or currency trader - is taking care of the paperwork and that in the meantime they can work with a non-immigrant visa.
This is illegal and in the past has landed many expats in hot water.
Key laws for foreign workers
Leading Thai law firm BSA Law advises the relevant law relating to Thailand work permits and employment for foreigners is the Foreign Employment Act (2008).
The Thai law company recommends foreigners looking to work while in Thailand enter the country on a non-immigrant visa and engage a law firm in Thailand to assist with work permit requirements.
Unless carefully worded, work permit applications may be rejected as Thai authorities are mindful of not allowing foreigners to take jobs from Thai workers.
BSA Law is one of a number of legal services in Thailand which offer a Thai visa service and work permit service to foreigners. This includes completing all the relevant paperwork required by the immigration and labor departments.
Company requirements
A Thai company wanting to employ foreigners must have two million baht registered capital and an acceptable ratio of Thai to foreign workers.
Under Thailand law foreigners are barred from working in particular fields and these include agriculture, forestry, architecture, certain manufacturing industries, hairdressing and professions including law and accountancy.
Companies with Board of Investment (BoI) privileges may be exempt from these requirements.
Obtaining a Thai work permit
Foreigners can only obtain a work permit after arriving in Thailand on the appropriate category of non-immigrant visa (issued by the Thai Embassy or a consulate outside of Thailand).
The process of obtaining a Thai work permit typically takes up to seven working days in Bangkok and up to two months in Phuket. (That is, unless the company recruiting you has BoI authorisation, in which case applications can be processed in just a few hours.)
Once the paperwork has been approved, you will be required to appear in person at the Thai Labor Department with your passport.
It is important to understand that a Thai work permit is only valid for the stated company and location - if you change jobs even within the same sector or if your office address changes you will need to make a new application.
There are strict working requirements for foreigners under Thai law. Consulting an experienced legal service in Thailand will not only improve the chances of receiving a work permit, but make sure you're aware of your rights and responsibilities under Thai labor law.