Work Permits & Employment Contracts in Thailand

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Work Permits & Employment Contracts in Thailand

Any foreigner who works in Thailand in any capacity, whether in paid or voluntary work must have a work permit from the Department of Employment, Ministry of Labour. The only exception to this is for diplomats, foreigners who work for the United Nations or certain other international agencies, and a small number of other categories.

The official definition of work is "to engage in work by exerting energy or using knowledge whether or not in consideration of wages or other benefits" (Source: Ministry of Labour). Punishments for those ignoring this law include fines, imprisonment and deportation from Thailand. Any employer ignoring this law can also be imprisoned and/or fined.

The Alien Employment Act B.E.2521 (1978) is the relevant law relating to Work Permits and employment in Thailand for foreigners. There are some categories of work that foreigners are barred from performing. For example, agriculture, labouring, forestry and some professions such as law and accountancy.

• For further information on jobs that foreigners are not allowed to carry out: Click here
• For further information from the Department of Employment on Work Permits Click here

How to Get a Work Permit

In order to get a work permit it is advisable to ask the employer to apply or to contact a professional who has relevant experience, as the application form is in Thai, the procedure is fairly complex and involves the assembly of a large amount of documentation. There are conditions on the type of business that is allowed to submit a work permit application, for example relating to the capitalisation of the company.

There are two distinct procedures for obtaining a work permit:

1. Application for a Non-Immigrant Visa at a Thai Embassy or Consulate outside Thailand
2. After arrival in Thailand, application for a Work Permit

Although it is possible to gain a Work Permit after arriving in Thailand with another type of Non-Immigrant Visa, the normal procedure is to hold a Non-Immigrant B Visa. (For further information on visas see below)

Occupations exempted from the requirement to hold a Work Permit

Those in the following occupations do not need to apply for a Work Permit but must contact the Department of Employment in order to gain an exemption:

• Diplomatic employees
• Consular employees
• United Nations employees or representatives
• Servants of the above
• Any work that is deemed to be "urgent and essential" not taking longer than 15 days
• Employees working as part of an agreement between the Thai government and other governments or international organisations
• Official persons in Thailand to promote education, culture, arts, or sports
• Those granted specific exemption by the Thai government

Eligibility

In order to apply for a Work Permit the applicant must be the holder of a Non-Immigrant Visa. This can usually be granted by Thai Embassies or Consulates outside of Thailand. It is generally easiest to get this visa from the embassy or consulate in the home country.

The Non-Immigrant Visa will only be issued after certain requirements have been met.

1. For those undertaking any type of employment a Non-Immigrant B Visa is typically necessary
2. For those undertaking volunteer work or seeking work a Non-Immigrant O Visa is necessary
3. For those taking part in seminars, conferences or a training course a Non-Immigrant ED Visa is required

Although it is possible to gain a Work Permit after arriving in Thailand with other types of Non-Immigrant Visa, the normal procedure is to hold a Non-Immigrant B Visa.

It is possible for the employer to make an application in advance of the employee's arrival, but the Work Permit will only be issued to the applicant in person after arrival in Thailand.

The work permit will name the employer, state the activities that may be engaged in and the location in which the duties may be performed. It will usually be granted for one year only, backdated to the date of arrival in Thailand. Where the employer is a company with Board of Investment privileges, the work permit can be issued for up to two years.

Note: The Work Permit expires when the Non-Immigrant B Visa expires. If this occurs, then the applicant has to start the whole process of visa and work permit application from the beginning. Check the date of expiry of the visa and make sure it's renewed before the expiration date.

A Work Permit is not valid after its expiry date, it must be renewed before its expiration. Any change in duties or transfer to another employer must be applied for and approved in advance.

A Work Permit is only valid for a specific job with a specific company at a specific location. If any of these changes, a transfer or new Work Permit has to be applied for. Once issued a Work Permit must be kept at the place of employment ready for inspection.

Documents needed for a Work Permit application

It is normally the employer's responsibility to submit the application for a Work Permit. This can be done before the applicant has entered Thailand, although the applicant will have to attend in person to collect it when the Work Permit is issued.

If it is necessary to lodge the application personally, it's advisable to check what documents are required with the Department of Employment, before lodging a Work Permit application. A professional company experienced in Work Permit applications can also be very helpful in the whole process. Generally the following documents must be produced when applying for a Work Permit.

• Non permanent residents: Passport with a Non-Immigrant visa stamp
• Permanent residents: Passport, alien book and residence permit
• Educational qualification certificate/s and resumé or CV. Often a recommendation or reference letter/s issued by former employers with all details is also required
• Licences: any relevant licence or professional certificates
• Job description: This must be clearly set out on the application form, including among other things, the type of work, its location and any materials to be used. Extra pages to the application form can be submitted if required
• Medical certificate issued in Thailand, not more than six months old. The applicant must be of sound mind and not suffer from alcoholism, narcotic addiction, leprosy, acute tuberculosis or elephantiasis
• Three passport photographs 5 x 6 cm. It has been reported that applicants not wearing a shirt and tie in the photo may be refused
• Applicants married to a Thai should also provide the ID card of the spouse, marriage certificate and any child's birth certificate
• Fee payable

Any or all documents may need to be translated into Thai, especially if they are written in any other language than Thai or English. Multiple copies of any or all of these documents may be needed.  

Where to apply

Applications must be submitted to the Department of Employment in Bangkok or the One Stop Service Center. For applications made outside of Bangkok it is necessary to contact a Provincial Employment Office in the Province where the work will be carried out.

• Department of Employment
  At: Office of Foreign Workers Administration, Department of Employment, Mit Maitree Road, Dindaeng, Bangkok 10400
  Tel: 02 245 2745
  e-mail
  Website

The One Stop Service Center is only available for the use of certain applicants. It is possible to be granted visa extensions and work permits in one day in one location.

• For a list of applicants that can use this service: Click here
• One–Stop Service Center for Visas and Work Permits
  At: Rasa Tower 2, 16th Floor, 555 Phaholyothin Road, Chatuchak, Bangkok 10900
  Tel: 02 937 1155
  Fax: 02 937 1191
  e-mail
  Website
• For a map: Click here (PDF )

On approval

Once the application has been approved it is necessary for the applicant to be present at the Department Of Employment in order to collect their Work Permit.

The Work Permit will only be valid for as long as was applied for on the application form with a maximum length of one year backdated to the date of arrival in Thailand. 

It is vitally important to remember that the Work Permit is only valid for as long as the holder's visa is still valid.

It is also necessary for the visa to be multi-entry if the holder of the Work Permit is planning to travel out of Thailand. If a holder only has a single entry visa and travels out of Thailand without a re-entry permit, a new Non-Immigrant Visa and Work Permit will need to be applied for.

It is possible to appeal to the Director General of the Ministry of Labour if a Work Permit application is refused.

Renewal of a Work Permit

Renewal of a Work Permit must to be applied for in advance of its expiration.

The visa can be extended in Thailand at the Immigration Bureau but many additional documents have to be submitted by the employer. Once the visa has been extended or renewed it is then possible to renew the Work Permit. If the visa is not renewed the Work Permit will not be renewed. 

Termination of employment

If a foreigner's employment ends, then the Work Permit must be returned to the Ministry of Labour within seven days of termination for cancellation. In addition, the foreigner must report to the Immigration Bureau who will then, usually, cancel the visa and allow seven days to leave the country. It is therefore wise to arrange to take another job, before resigning from current employment.

Non-Immigrant B Visas (Business Visa)

This type of Visa may be either single entry for three months or a multi-entry 12-month visa. The 12-month multi-entry visa only permits entry for a maximum of 90 days at which time the holder must depart the country, but can return using the same visa. A 12-month multi-entry visa can normally only be obtained at the applicant's home country Thai Embassy or Consulate.

Once a Work Permit has been applied for it is possible to extend the visa from within Thailand, but the employer will have to provide many additional documents.

It is very important to check with the Embassy or Consulate of application before submitting an application as there will be different requirements. Generally the following documents are required and possibly more:

• Passport valid for at least six months after the date of entry
• Visa application form
• Recent passport-size photos
• Letter from sponsoring company or a copy of the employer's company papers or an existing Work Permit
• Self Certification Guarantee Form and/or evidence of sufficient funds (in some cases)

For further information contact the Department of Immigration (the phone is frequently busy).

• Department of Immigration 
  At: Soi Suan Plu, Sathorn Tai (South) Road, Bangkok 10120
  Tel: 02 287 3101
  Website

Thai Labour Law & Employment Contracts

The rights of all employees working in Thailand and the obligations of all employers are subject to the Labour Protection Act of 1998 (B.E.2541). This covers areas such as working hours, holidays, notice, overtime, sick pay, where summary dismissal is permitted without severance pay or notice and the calculation of severance pay in a case where summary dismissal is not permitted, among other things.

It covers Thais and foreign employees working for Thai or international companies doing business in Thailand. There are various penalties, both civil and criminal, for employers that fail to adhere to the rules.

The special rules that apply to foreign employees are set out in the foreign Employment Act (1978) and regulations issued under that Act.

• For more details about this Act see the Ministry of Labour website: Click here

The Thai Labour Campaign takes up individual and group complaints against employers on a nationwide basis in Thailand.

• For further information: Click here

Employment contracts do not have to be in writing, except in the case of homeworkers. Foreign employees are best advised to request a written contract for the sake of certainty. For foreign employees the contract can be in English, but may need to be translated into Thai if the Department of Employment require a copy for a Work Permit application.

DISCLAIMER:  

Laws regarding Work Permits and Employment in Thailand are relatively complex and subject to change. The content of this document is provided for guidance only, and while every effort has been made by the author to ensure the accuracy of the information and translations contained, no liability can be accepted for any errors omissions and inaccuracies, or for the opinions expressed herein.

Further Information

• The Immigration Department
• The Ministry of Foreign Affairs
• AngloINFO INFOrmation Page Unemployment & Job-Seeking in Thailand

Prepared by: Stephen Frost, Director, Bangkok International Associates
17th Floor ITF Tower, 140/36-37 Silom Road, Bangkok 10500, Thailand
Tel: + 66 2 231 6201-3, Fax: +66 2 231 6204
e-mail, Website
Copyright © Bangkok International Associates 2007 All Rights Reserved