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Home arrow Working in Thailand arrow Legal Issues arrow Expats must know 'new work permit law'
Expats must know 'new work permit law' Print E-mail
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July 21, 2008
by Bupha Ravirot

 

Thailand Work Permt"Laws and regulations are too complicated and difficult to understand"  comments given by most of the foreigners working in Thailand. They are aware of a visa and work permit but with the rules and regulations, especially with immigration rules dramatically evolving in the past few years and posing a challenge to the status of many expatriates. Therefore those expats who either do not have knowledge or failed to keep track of developments in immigration and labour laws and practices had to pay for their oversight or negligence.

Law governing work permits (Working of Aliens Act) is seemed hasher than what it was before. The new Act imposes a fine ranging from 2,000 to 100,000 baht upon a violating (alien) employee, increased from 5,000 baht, and/or a five-year term of imprisonment, increased from three years. An employer hiring an alien without a work permit will face high fine of 10,000 to 100,000 baht, although the former three-year imprisonment has been eliminated. Labour officials are now empowered to arrest (without a warrant) any alien suspected of working without a work permit.

Regarding to the new law, work permit might allow 2 years instead of 1 year of the old law. The advantage of this change is work permit will no longer be tied to the duration of stay that is stamped on an alien's passport. In other words, work permit holders who do not have a one-year duration of stay will not need to keep extending their work permits by leaving and returning to Thailand on a "visa run" to get a new duration of stay. Nevertheless, work permit holders will still have the duty under immigration laws to maintain a valid duration of stay while in Thailand. This new development awaits implementation in the near future.


It was assumed that 20,000 baht is for new work permit fees and also the the same price for renewal. Employer who hires alien employees with no deemed skills will be charged only 10,000 baht fee/  alien, but this has not been applied yet.

Under the new law employers or employees are no longer obligated to report to the Department of Employment and return a work permit when employment has ended. Unlike the old law where fine of 1000 baht have to be paid if fail to comply.

Labour officials encourage both parties to report the cessation of employment, otherwise their system would not permit the employee to get a new permit with another employer or the old employer to fill the vacant position.

The seven-day period of stay after the cessation of work will not be automatic anymore but will be granted upon request and payment of 1,900 baht. Most importantly, while alien workers are waiting for job application to be considered, the temporary stay will not be given anymore. As a result, aliens switching jobs would be compelled to process their new work permit within seven days or leave Thailand to get a new business visa from a Thai consulate.

Apparently at some point, the changes of law is seemed to be positive and more liberal. And it is expected to solve enduring problems between alien and government.

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