The permit granted under this Act shall be valid for not exceeding two years as from its granting date, except the permit which is granted to the alien under section 12 shall be valid through the period he has been permitted to work under such law. Section 39. or is an alien person who has received permission to enter and work within the Kingdom in accordance . Section 30. The alien having place of residence in, and being of nationality of, the country having common boundary with Thailand who enters into the Kingdom with travel document under the law on immigration may be permitted to engage in specific categories of works or in works with specific nature in the Kingdom temporarily through the specified period or season within the area which is adjacent to boundary or the area which is contiguous therewith. The followings shall be repealed: (2) Working of Alien Act (No. Any person who violates section 23 or section 42 shall be liable to a fine not exceeding one thousand Baht. To qualify for applying for a work permit, foreigners must have a temporary or permanent residence status. This announcement further clarifies the definition of working in conjunction with other Thai employment regulations. The provisions of paragraph one shall not apply to the working of aliens under section 12. Country: Thailand: Subject(s): Migrant workers: Type of legislation: Law, Act: Adopted on: 2017-06-17: . Permits are generally granted and renewed on a yearly basis, but their duration depend on the length of the visa issued. 2521 as well as the Alien Working Act, (No. Notification of the Ministry of Labour and Social Welfare regarding prescription of qualifications or disqualifications and conditions of aliens to apply for work permits. Section 20. 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). Alien Employment Act is a law set by the Thai government to accommodate, take charge, to keep a record of the activities of non-Thai nationals working in Thailand. In this 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 benefit; "permit" means a work permit; "holder of permit" means an alien who has been granted a permit; www.ThaiLaws.com2 A holder of permit shall keep the permit on himself or at the place of work during work in order that it may be readily shown to the competent official or registrar. 2515 insofar as they are not contrary to or inconsistent with this Act shall remain in force and shall be regarded as the Royal Decrees, Ministerial Regulations and Notifications or Orders of the Minister or the Director-General, or permits issued under this Act. 2), B.E. Thailand June 29 2017. In performing the duty under (2) , the owner or occupant of such premises or person who is responsible for or connected with the said premises shall render appropriate facilities. Work is defined broadly to include any work involving physical strength or knowledge whether or not done for money or other remuneration. An alien who engages in work without having the permit shall be liable to imprisonment for a term of not exceeding five years or to a fine from two thousand Baht to one hundred thousand Baht or to both. The Director-General shall be member and secretary and the Director of the Office of Foreign Workers Administration shall be member and assistant secretary. Upon submission of the application under paragraph one, the applicant may engage in that work until the registrar refuses the renewal. Any alien who is working in violation of the Royal Decree issued under section 6 shall be liable to imprisonment for a term not exceeding five years or to a fine from two thousand Baht to one hundred thousand Baht or to both. . 2), B.E. 322, dated 13th December B.E. A decision shall be made by a majority of votes. must also be attached. Ministerial Regulation (No. 2522 with the following provision: "In the case where the applicant submitting the application, as prescribed in paragraph one, is an alien person who wishes to work, or wishes to receive permission to work, in the representative office of a foreign legal person which engages in international trade, or in a regional representative office of a foreign legal person, which engages in the business of being a "provider of services" according to the laws pertaining to the operations of foreign businesses, or is an alien person who has received permission to enter and work within the Kingdom in accordance with the Investment Promotion Law, or according to other laws under Section 10, application for work permit may also be submitted at the Center for Visas and Work Permit, the Board of Investment, Office of the Prime Minister. (No. 322, dated 13th December B.E. Section 52. The Board shall have the power to appoint its subcommittee so as to consider or perform any act as entrusted by the Board. Section 10. Secondly, foreigners are only allowed to perform work that does not violate the Alien Employment Act (i.e.not engage in work prohibited for foreigners). In this case, the provisions of section 81, section 81/1, section 82, section 83, section 84, section 85 and section 86 of the Criminal Procedure Code shall apply to the arrest under this section mutatis mutandis. 2528 (1985) Alien Employee Act B.E. Section 23. WhatsApp +66 (0)8 7225 1340 . 2), B.E. No alien shall engage in any work other than the works under section 7 and the permit shall be granted by the registrar, except for the alien who enters into the Kingdom temporarily under the law on immigration so as to engage in necessary and urgent work for a period of not exceeding fifteen days and that alien may engage in that work after giving written notification to the registrar. A holder of permit shall engage in work of the category or nature and with the employer and at the area or place and conditions as permitted. In the case members are appointed during the term of members already appointed, notwithstanding it is a new or additional appointment, the appointees shall hold office only for the remaining terms of the members already appointed. 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. In such Notification, the Minister may prescribe any condition as he may deem appropriate: (1) aliens under a deportation order under the law on deportation who have been permitted to engage in profession at a place in lieu of deportation or while awaiting deportation;(2) aliens whose entries into the Kingdom have not been permitted under the law on immigration and are awaiting deportation;(3) aliens who are born within the Kingdom but have not acquired Thai nationality under the Announcement of the National ExecutiveCouncil No. 2551 The Alien Working Act, B.E. The return of deducted salary and interest thereof under this section may be made in cash or cheque specifying the name of the employee or by transferring that money to the account of the employee in accordance with the rules as prescribed by the Director-General. What can be found in this Alien Employment Act? It cancels and replaces the two main . In general, expatriate employment is governed by the Alien Employment Act which provides criteria designed to protect the domestic labor market. The amount of money to be remitted to the Fund, the deduction of salary and the remittance of the deducted money to the Fund under paragraph one shall be in accordance with the rules, procedure, period and rate as specified by the Ministerial Regulation. On June 22, 2017, the Thai government issued an ordinance combining these . The Minister of Labour shall have charge and control of the execution of this Act and shall have the power to issue Ministerial Regulations prescribing fees not exceeding the rate hereto attached, granting exemptions from fees and prescribing other acts for the execution of this Act. Section 25. All the Royal Decrees, Ministerial Regulations and Notifications or Orders of the Minister or the Director-General or permits which have been issued or given by virtue of the Announcement of the National Executive Council No. 2521 as well as the Alien Working Act, (No. In the case of refusing to issue a permit or not granting permission under section7, section 8, section 10, section12 or refusing to renew the permit under section 15 or not granting permission to change the work or locality or place of work under section 21, the applicant has the right to appeal to the Minister by submitting a written appeal to the Director-General or official entrusted by the Director-General or the Registrar, as the case may be, within thirty days from the date of the knowledge of the order of refusal. Section 19. Section 21. Labour Laws (Revised 1994), 1994, International Translations Office, Bangkok, Thailand, pp. Foreign employment working of aliens act, Work in agriculture, animal husbandry, forestry or fishery excluding specialized work in each particular branch or farm supervision, Bricklaying, carpentry or other construction works, Driving mechanically propelled carried or driving non-mechanically-propelled vehicle, excluding international aircraft piloting, Supervising, auditing or giving service in accountancy excluding internal auditing on occasions, Haircutting, hairdressing or beauty treatment, Weaving of mate or making products from reeds, rattan, hemp, straw or bamboo pellicle, Making of products from gold, silver or gold-copper alloy, Brokerage or agency excluding brokerage or agency in international trade business, Engineering work in civil engineering branch concerning designing and calculation, organization, research, planning, testing, construction supervision or advising excluding specialized work, Architectural work concerning designing, drawing of plan, estimating, construction directing or advising. 2515 comes into force and has not, up to the date this Act comes into force, submitted particulars concerning aliens in his employment under Clause 35 of the said Announcement, shall submit the said particulars in the form prescribed by the Director-General within forty-five days from the date this Act comes into force. 2521 as amended by the Working of Alien Act (No. The alien who is not eligible for the permit under section 9 on account of the following grounds may apply to the registrar for the permit to engage in the works as notified in the Government Gazette by the Council of Ministers according to the recommendation of the Committee with due regard to national security and social impact: (1) being deported under the law on deportation, but he is allowed to work at any place in lieu of deportation or while awaiting for deportation; (2) having immigrated into or stayed in the Kingdom without permission under the law on immigration, but he is allowed to stay in the Kingdom temporarily while awaiting for deportation under the law on immigration; (3) being lost of nationality by the provisions of the Announcement of the National Executive Council No. Section 36. Section 24. This Act shall not apply to the performance of specific duties by the alien in the Kingdom in the following capacities: (3) as a representative of member countries and official of the United Nations and specialised institutions; (4) as a personal servant coming from foreign countries to work regularly for the person under (1) or (2) or (3); (5) as a person who performs duties or missions in accordance with agreements between the Government of Thailand and foreign government or international organisation; (6) as a person who performs duties or mission for the benefit of education, culture, art, sports or other activities as may be prescribed by the Royal Decree; (7) as a person permitted, with or without any condition, by the Council of Ministers to enter and perform any duty or mission. Section 34. The decision of the Minister shall be final. This Act is called the Working of Alien Act, B.E. The employee with the permit issued under section 9, section 11, section 13 (1) and (2) and section 14, particularly to the work as prescribed by the Ministerial Regulation, shall remit money to the Fund as security for repatriation of that employee and the employer shall have the duty to deduct salary of that employee and remit the deducted money to the Fund. Office of Permanent Secretary, Ministry of Labor, Mitmaitri Road and Din Daeng District Bangkok 10400; -2232-1462-4 An employer may apply for a work permit on behalf of a foreigner, but the permit may only be issued upon his entry. Royal Decree of 1979 stipulating the occupations and professions prohibited to aliens. Thailand Forum Visa and Immigration Forums Thailand News Thailand Explore - Travel & Save in Thailand International Money transfer by DeeMoney Alien Employment Act to be amended to prevent illegal immigrant workers The Ministry of Labour urges for the Alien Labour Law to be amended to suit the Thai industrial sector and to prevent illegal immigrants from smuggling into Thailand. 2515 or by other laws; (4) born in the Kingdom but not entitling to Thai nationality by the provisions of the Announcement of the National Executive Council No. Section 11. . CHAPTER I - Alien Working Part I - General Part II - Work Permit CHAPTER II - Alien out of Kingdom . 5 of 1987) issued under the Alien Work Permit Act 1978. In addition, the Anti-Corruption Organization of Thailand (ACT), founded in 2011, was established to pressure the government to create laws that can reduce levels of corruption. The Settlement Committee as appointed by the Minister under paragraph one shall consist of three members whereby one of which shall be the inquiry official under the Criminal Procedure Code. If, in any case, there is a law concerning alien employment provided hereafter, the granting of work privileges must comply with the law concerned. Web Design by Move Ahead Media SEO Company Bangkok, Foreigners Buying Land or House to Live with Their Thai Partner, New Regulation for Digital Asset Business Operators in Thailand, Work in any jobs with one work permit Thailand Work Permit. Work by aliens may be carried out in compliance with rules from the Secretary of state for Labor and could simply be completed with a piece permit, with the exception that no visa is needed to have an alien in Thailand temporarily underneath the immigration laws and regulations to complete necessary and urgent work for as much as 15 days. Section 12. His Majesty King Bhumibol Adulyadej is graciously pleased to proclaim that: Whereas it is expedient to revise the law on working of aliens;Be it, therefore, enacted by the King, by a, Part nd with the advice and consent of the National Legislative Assembly as follows: Section 1. When the employer remits deducted salary of any employee to the Fund, the registrar shall issue the receipt to the employer. Before a permit is expired and if the holder of permit wishes to continue working, he shall apply for a renewal of the permit with the Registrar prior to the expiration thereof. During that period, foreign investments were heavily restricted to the extent that if a Thai, who is holding onto foreign shares, was caught, would be severely punished by the law. 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. Section 40. Subject to section 10, an alien may engage in any work which is not prohibited by the Royal Decree issued under section 6 only upon receipt of a permit from the Director-General or official entrusted by the Director-General except an alien who is permitted to enter the Kingdom for temporary stay under the law on immigration in order to engage in the work which is of necessity and urgency for period not longer than fifteen days, but such alien may engage in the work after he has notified the Director-General or official entrusted by the Director-General in writing in the forms prescribed by the Director-General. After the Minister has issued a Notification under section 12, in the case the work which an alien is engaging is permitted under the Notification of the Minister, such alien may continue in such work but must apply for a permit within ninety days from the date the Notification of the Minister comes into force. A holder of permit who engages in work in violation of the conditions determined under section 9, section 13, section 14 or section 26 shall be liable to a fine of not exceeding twenty thousand Baht. Section 25. Get In Touch with ThaiLawOnline.com. 2515 shall be valid through the period as specified therein and the holder of permit still engage in work as permitted. 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. His team has more than 50 years of experience with thousands of satisfied clients. The Foreign Business Act (FBA) governs most investment activity by non-Thai nationals. Ministerial Regulations issued under the provisions of the Alien Employment Act (B.E. If the employee who departs the Kingdom on his own expense fails, within two years as from the date he departs the Kingdom, to claim for his deducted salary remitted to the Fund under section 18, his right to claim for that. 322, dated 13th December B.E. 337, dated 13th December B.E. Information on thailandlawonline is provided for information purposes only and should not at any time be interpreted as legal advice. 2544. Thailand . 2008-02-13 (THA-2008-L-81025) Alien Working Act, B.E. 2), B.E. Any holder of a permit who violates section 21 shall be liable to imprisonment for a term not exceeding one month or to a fine not exceeding two thousand Baht or to both. If the certificate issued under paragraph two is lost or damaged, the employee may request the registrar for the substitution thereof. 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. Section 43. Section 17. Section 7. There shall be established the fund in the Department of Employment, called the Alien Repatriation Fund, so as to be the revolving fund for the repatriation of employee, alien and deportee abroad under this Act, the law on immigration and the law on deportation, as the case may be. Ministerial Regulation stipulating Prohibitions Preventing an Alien from Applying for a Work Permit (B.E. Section 46. It is crucial to acknowledge that not all companies in Thailand are able to provide foreign employees with work permits. The Registrar and competent official must have identity cards. However, as explained above, many U.S. businesses enjoy investment benefits through the U.S.-Thailand Treaty of Amity and Economic Relations (often referred to as the 'Treaty of Amity'), which was established to promote . 2521 (1978) Who is Covered by the Employment Act? Section 59. Any holder of permit who fails to comply with section 14 or section 19 shall be liable to a fine not exceeding five hundredBaht. 2008, Pakorn Nilprapunt, Office of the Council of State (www.krisdika.go.th, www.lawreform.go.th). 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 6. Members appointed by the Minister vacate office prior to the end of term upon: (1) death;(2) resignation;(3) removal by the Minister. In casting votes, each member shall have one vote. Repeals the Alien Working Act, B.E. 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 Director-General may lay down the guideline for prescribing of the conditions under paragraph two to be complied with by the registrar. Section 38. Country: Thailand: Subject(s): Equality of opportunity and treatment: Type of legislation: Regulation, Decree, Ordinance: Adopted on: 2001-02-01 . 2521. The provisions of section 28 shall apply to the meeting of a sub- committee mutatis mutandis. Any person who employs an alien, or transfers an alien to work in a locality other than that which is specified in the permit, or has an alien resigning from his employment, shall notify the Registrar within fifteen days from the date of employment, transfer or resignation. Any person who fails to comply with a written inquiry or summons or refuses to provide facts or furnish document or evidence, or obstructs or fails to render facilities to the Director-General or official entrusted by the Director-General, or the Registrar or competent official in the performance of their duties under section 30 shall be liable to a fine not exceeding three thousand Baht. Section 41. An alien who has a place of residence in the Kingdom under the law on immigration and is working prior to the date theAnnouncement of the National Executive Council No. Anyone have any info on this? The provisions on administrative order and the committee having duty to conduct administrative procedure under the law on administrative procedure shall apply to the making of administrative order and the meeting of the Appeal Committee mutatis mutandis. Section 33. In the enactment of the Ministerial Regulation prescribing fees, the fees to be prescribed may be different with due regard to nature of work or both nature and working area of alien. Section 28. Alien Working Act, B.E. In this case, that competent official shall have the powers and duties to assist the inquiry official to conduct an inquiry the offense committed under this Act. 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 32. A full service law firm with . The employer shall then deliver the receipt to the employee as evidence. The registrar shall, after receiving the notification under paragraph one, issue the permit to that alien within seven days as from the date of receiving of such notification. Section 37. Mr Brousseau is exclusively working under Thai law since 2008. At a meeting of the Committee, if the Chairperson is not present at the meeting or is unable to perform his duty, the members shall select one among themselves to preside over at the meeting. The Department of Employment shall make and maintain the accounting of the Fund in accordance with the accounting system of the Ministry of Finance. The Fund shall be paid for the following purposes: (1) to finance expenses in relation to the repatriation of employee under this Act; (2) to be returned to the employee under section 18 and to be paid for related expenses thereof; (3) to finance expenses in relation to the repatriation of alien under the law on immigration; (4) to finance expenses in relation to the deportation of deportee under the law on deportation; (5) to finance necessary administration cost of the Fund, but not exceeding ten per cent of the fruits of the Fund; (6) money of the Fund under section 30 (7) and fruits arising therefrom shall be paid particularly for the benefit of the concerned agencies in relation to the administration of the working of alien. Section 35. The permit granted under the Announcement of the National Executive. .. The determination, result of consideration and regulations under this section shall be published in the Government Gazette. Foreign workers in Thailand however are prohibited from joining Trade Unions. 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. Section 29. 85-94. Section 53. Announcement No. Section 9. 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. Section 20. Ministerial Regulations issued under the provisions of the Alien Employment Act (B.E. On March 5, 2017, Thailand's Labour Department released "The Announcement of the Employment Department - Subject: Acts not Counting as Works under the Work of Aliens Act B. E. 2551 (2008). *Published in the Government Gazette Vol. The Committee shall have the power to appoint its subcommittee to perform any act as entrusted by the Committee. The application of a work permit To be able to legally work in Thailand the foreigner must have a valid visa and a work permit issued in his name. 2544. Section 36. According to this Act, aliens of the following 3 categories are qualified to apply for work permits: 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. Pending the issue of permit, the applicant shall be allowed to engage in such work. 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. Affaires, a representative of the Office of the Attorney-General, a representative of the Bureau of the Budget, a representative of the Department of Provincial Administration, a representative of the Comptroller Generals Department, a representative of the Department of Social Development and Welfare and not more than seven qualified persons having experience in labour, finance, industry and law appointed by the Minister with approval of the Council of Ministers as members. Any person who employs an alien in his business prior to the date the Announcement of the National Executive Council No. In the case a holder of permit which is issued under section 10 has received extension of working period under such laws, the holder thereof shall notify the Registrar within thirty days from the date of receiving extension and the Registrar shall record such extension in the permit. Foreign employment laws in Thailand, the working (employment) of Aliens (foreigner) Act (law translation), who (foreigners) can legally work with permission from Thai labour department. Certain occupations and professions may, by special decree, be prohibited for foreigners. 281 of 1972 (Investment Promotion Act). Work permits are specific for a particular position and location and any changes are subject to notification and approval. No person shall employ an alien who has no permit nor employ him in the work which is of different description or condition from that specified in the permit. The application for and the granting of the substitution of the permit shall be in accordance with the rules and procedure as prescribed by the Ministerial Regulation. Working as a foreign citizen in Thailand. The registrar shall send the appeal together with his reasons for refusing the granting of the permit, permission, renewal of the permit or revocation of the permit to the Appeal Committee within seven days as from the date of receiving the appeal, and the Appeal Committee shall give a decision thereon within thirty days as from the date of receiving the appeal. Section 16. Section 18. 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. Section 46. Ministerial Regulation (No. Section 24. except where the employee engages in work in the Kingdom on demand of the employer, that employer shall be liable to the deficient and the Fund shall collect the deficient from that employer. Section 47. Section 4. Section 31. The Urgent Work Permit for Thailand. Upon receipt of application, the Director-General or official entrusted by the Director-General shall issue a permit without delay.
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