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Work Permits
The Foreign Working Act of 2008 requires all foreigners working in Thailand to obtain a work permit prior to starting work in the Kingdom and describes the procedures for issuance and maintenance of work permits and lists certain occupations from which the foreigners may be excluded.
Exemptions
The Act grants exemptions from the work permit requirement to persons occupying the following professions:
Members of the diplomatic corps;
Members of consular missions;
Representatives of member countries and officials of the United Nations and its specialized agencies;
Personal servants coming from abroad to work exclusively for persons listed under the above items;
Persons who perform duties on missions in the Kingdom under an agreement between the Government of Thailand and a foreign government or international organization;
Persons who enter into the Kingdom for the performance of any duty or mission for the benefit of education, culture, arts, or sports;
Persons who are specially permitted by the Thai government to enter into and perform any duty or mission in the Kingdom. As a person permitted, with or without any condition, by the Council of Ministers to enter and perform any duty or mission;
Special Cases
While most foreigners must apply for a work permit, and may not begin work until the permit is issued, the Foreign Working Act does provide special treatment in the following circumstances:
Urgent and Essential Work
Exemption from work permit requirements is granted to the foreigner who enters into the Kingdom temporarily, but in accordance with the immigration law, to perform any work of any "urgent and essential nature” for a period not exceeding 15 days. However, such foreigner may engage in work only after a written notification on a prescribed form (WP-10), signed by the foreigner and endorsed by his employer, has been submitted to and accepted by the Director-General or his designee.
The foreigners entitled to this treatment may enter into Thailand with any kind of visa, including a transit visa. The term "urgent and essential work” is not explicitly defined and consequently, the issuance of this sort of exemption is a matter of administrative discretion.
Application to perform urgent and necessary duties for period not longer than 15 days according to Article 9 which is under the following condition/situation:
An alien entering the Kingdom of Thailand to engage in necessary and urgent work, which if such work cannot be performed immediately will result in damage, shall has a finish period of within 15 days.
A work, which has the feature of administration, academic matters and uncertain periods same as the usual except the non-work which one has to perform in suddenly (if failure to perform at the time, the damage will occur), is not necessary and urgent work.
– Completed Form of WP-10 and one photograph (3 x 4 cm.) plus one copy.
– Letter showing the reason why applicants need to perform urgent and necessary duties such as an invitation letter and agenda etc.
– A copy of the passport (the page which show a photo and entry VISA).
– A copy of the company registration (updated within six months) and a copy of VAT registration; Form Phor Por 01 identifying the type of business, which is certified by an authorized director/the owner of work place or the employer.
– A copy of employer’s work permit in case he/she is a foreigner. If that employer is not working in Thailand nor has no work permit, the Power of Attorney certified by the notary public and Thai Embassy is needed.
– In case of a Thai employer, a copy of the employer’s I.D. card
– Power of Attorney from a foreigner and an employer with 10 Baht duty stamp affixed and a copy of the appointee’s I.D. card (if a foreigner and an employer are unable to apply in person).
Source: Office of Foreign Worker Administration, as of November 2018.
Activities Not Requiring a WP-10
On 6 March 2015, the Department of Employment issued an announcement declaring that certain activities would no longer be classified as "work”, and therefore do not require a work permit. The categories are as follows:
Attending a meeting or seminar.
Attending an exhibition or trade fair.
Visiting a business or engaging in business negotiations.
Attending special or academic lectures.
Attending technical training or seminars.
Purchase of goods at a trade fair.
Attending a meeting of directors of his/her own company.
In addition, a foreign national arranging a meeting, seminar, or exhibition in cooperation with a government agency or state enterprise will be given a 30-day exemption according to the Royal Decree (No. 2) B.E. 2528.
Investment Promotion
A foreigner seeking permission to work in the Kingdom under the Investment Promotion Act must submit an application for a work permit within 30 days of notification by the BOI that the position has been approved. A foreigner in this category may engage in authorized work while the application is being processed.
Procedures
The Act requires that any foreigner working in Thailand must obtain a work permit before beginning work. Section 11 of the Act stipulates that while a prospective employer may file an application on behalf of the foreigner in advance of his commencing work, the actual work permit will not be issued until the foreigner has entered into Thailand in accordance with the immigration laws and has presented him or herself to receive the work permit.
For a regular position, a work permit will be issued for one year, but for an executive position or experts, a work permit will be issued for two years. A work permit must be renewed before its expiry date or it will lapse.
Applicants for work permits must enter into Thailand with Non–immigrant B visa. If they enter with a tourist visa or transit visa or visa waiver, they must change the type of visa to be Non–immigrant B visa. Furthermore, a foreigner who enters into Thailand with a Non–immigrant B visa will also qualify to apply for a work permit, if he marries a Thai woman.
Required Documentation
The following documents must be provided by the foreigner and attached to a work permit application:
For non-permanent residents: Original of passport containing a Non-Immigrant visa (Validity period not less than six months) (except for WP 3 applications, only a copy of passport showing photo page, name and number).
For permanent residents: Original of passport, residence permit and foreigner book (except for WP 3 applications, only a copy of passport showing photo page, name and number).
Evidence of applicant’s educational qualifications and letter(s) of recommendation from the former employer, describing in detail the applicant’s past position, duties, performance and place and length of employment. If the documents are in a language other than English, a Thai translation certified as correct by a Thai Embassy (if abroad) or Ministry of Foreign Affairs (if in Thailand) must be attached.
A recent medical certificate from a first-class licensed physician in Thailand stating that the applicant is not of unsound mind and not suffering from leprosy, acute tuberculosis, elephantiasis, narcotic addiction, habitual alcoholism or syphilis stage 3 (except for WP 7 applications).
Three 5x6 cm. full-faced, bareheaded, black and white or color photographs, taken no more than 6 months prior to the filing of the application.
If the application is to be filed by another person, a valid power of attorney in the prescribed form must be attached with a 10 Baht duty stamp.
On the application form, the "job description” entry must be completed with a detailed statement as to what job is expected to be performed, how it is related to other people, and what materials will be used in the work (additional paper to be used if necessary).
If the job applied for is subject to a license under a particular law, in addition to the Foreign Working Act, a photocopy of such license, (e.g. teacher’s license, physician’s license, press card from the Public Relations Department, certificate of missionary status from the Office of Religious Affairs, etc.) shall be attached.
If the applicant is married to a Thai national, the original and photocopies of the following must be presented: Marriage certificate, spouse’s identity card, birth certificates of children, household registration, and photocopy of every page of the applicant’s passport.
If the job being applied for is not in Bangkok, the application should be filed at the relevant province’s Department of Employment, or in the absence of such an office, at the province’s city hall.
Additional evidence as requested. It may be necessary to translate any or all documents into Thai.
Permitted Activities
The former law, Foreign Working Act of 1978, prohibited the employers from allowing foreigners to perform any function other than that described in the foreigner’s work permit. The employers must report changes in employment, transfers and termination of all foreigners in their organization within 15 days of any such action. In cases of dismissal, the foreigners must return their work permits to labor authorities in Bangkok at the Alien Occupation division or, if they are in a provincial area, to the province’s Department of Employment. Failure to do so will result in a fine of up to 1,000 Baht.
However, according to the Foreign Working Act of 2008, the law does not force the employers to return a work permit of their foreign employees, but if the employers or foreign employees wish to return a work permit, the labor authorities will receive a work permit and record the termination date.
Any foreigner engaging in work without a work permit may be punished by a term of imprisonment not exceeding five years or a fine from 2,000 Baht up to 100,000 Baht, or both. In case of violation of the conditions of his work as stipulated in his permit, the foreigner may be punished by a fine of not exceeding 20,000 Baht.
An employer who permits a foreigner to work in his organization without a work permit may be punished with a fine from 10,000 Baht up to 100,000 Baht for each foreign employee. An employer who permits a foreigner to act in violation of the nature of the work specified in the work permit may be punished with a fined not exceeding 10,000 Baht.
Permit holders must obtain prior permission to change their occupation and/or place of work. Change of employer location or the residential address of the permit holder must be properly endorsed in the work permit by the labor authorities. The Foreign Working Act does not prevent a foreigner from engaging in work in more than one field or for more than one employer.
Restricted Occupations
A Royal Decree in 1973 listed 39 occupations and professions that were then prohibited to foreigners. This list has been amended on several occasions by subsequent Royal Decrees, the latest one in 2005;
Labor work;
Agriculture, animal husbandry, forestry, or fishery, except work requiring expertise, specialized work, or farm supervision work.
Bricklaying, carpentry or other construction work.
Wood carving
Driving motor vehicles, driving a non-mechanically propelled carrier or driving a mechanically propelled carrier, except for piloting international aircraft.
Shop/Outlet attendance
Auction
Supervising, auditing or providing services in accounting, except internal auditing on occasions.
Cutting or polishing diamond or precious stones
Haircutting, hairdressing or beauty treatment
Cloth weaving by hand
Mat weaving or utensil making from reeds, rattan, hemp, straw or bamboo pellicle
Mulberry paper making by hand
Lacquerware making
Making Thai musical instruments
Nielloware making
Gold ornaments, silverware or pink gold making;
Bronze ware making
Thai doll making
Mattress and quilt blanket making;
Alms bowl making
Hand making of silk products
Buddha image making
Knife making
Paper or cloth umbrella making
Shoemaking
Hat making
Brokerage or agency work, except broker or agency work in international trade;
Civil engineering works concerning design and calculation, organization, research, project planning, testing, construction supervision or advising, excluding work requiring special expertise
Architectural work concerning designing, drawing of plans, cost estimating, construction directing or advising
Dressmaking
Pottery or ceramic ware making;
Cigarette rolling by hand
Tour guide or sightseeing tour operation
Street vending
Typesetting of Thai characters.
Silk reeling and twisting by hand
Clerical and secretarial work
Legal service or lawsuit work
Note: As per the Cabinet’s Resolutions, foreign workers from Myanmar, Laos and Cambodia have been given an indulgence to work in the Kingdom in 2 occupations, which are 1) Labor work and 2) Domestic work.
Visas and Immigration Law
All persons, other than those in transit and citizens of certain countries, are required to obtain a visa in order to enter into Thailand. Foreign nationals who intend to remain in Thailand to work or conduct business must comply with visa requirements in addition to obtaining a work permit.
Visa Categories
The Immigration Act of 1979 as amended in 1980 establishes the following visa categories:
Tourist
Visitor transit
Immigrant
Non-quota immigrant
Non-immigrant
Note: Transit, visitor transit and tourist visa holders are not authorized to work in Thailand.
Tourist: Tourist visas are initially valid for 60 days and are renewable at the discretion of the Immigration Department. Renewals are normally granted for periods up to 30 days at a time.
Visitor Transit: Foreigners who have obtained a transit visa from a Thai Embassy or consulate will be granted a 30-day stay in the Kingdom. Extensions of stay are normally granted for periods of 30 days at a time, but the total stay may not exceed 90 days from the date of entering into Thailand.
In addition, passport holders from 48 countries and 1 special administrative region - Hong Kong SAR - are not required to obtain a visa when entering Thailand for tourism purposes and will be permitted to stay in the Kingdom for a period of not exceeding 30 days on each visit. If such foreigners enter the Kingdom at the immigration checkpoints which border neighboring countries, they will be allowed to stay for 15 days each time, except Malaysian nationals who cross the borderline from Malaysia whose granted period of stay will not exceed 30 days each time.
Please note that Tourist Visa Exemption does not apply to foreigners holding a Travel Document for Aliens issued by these countries.
Foreigners entering Thailand under the Tourist Visa Exemption category must possess adequate finances for the duration of stay in Thailand (i.e., cash 10,000 Baht per person and 20,000 Baht per family).
Non-quota immigrant: This category includes former residents who have lost their resident status but who have reapplied to resume their residency and who have been able to demonstrate a convincing reason to support the granting of this type of visa.
Non-Immigrant Visa: Foreigners, who seek a prolonged stay, or those coming to work in Thailand, should obtain non-immigrant visas for all family members prior to entering into the Kingdom. This visa has several categories:
Diplomatic visa (D) for those employed by an embassy;
Business visa (B) for those conducting business in the Kingdom;
Mass media visa (M) for accredited business or press representatives;
Expert visa (EX) for those performing skilled or expert work;
Investor visa (IM) for those who set up their companies under the BOI;
Study/education visa (ED) for teachers and those here to study/observe;
Official visas (F) for those performing official duties involving the Thai government;
Missionary visa (R) for those performing missionary work;
Science visa (RS) for those doing scientific research or training, or studying in an educational institution in the Kingdom;
Sports visa (S) for those participating in an officially recognized sports event;
Dependent visa (O) for those who are here as dependents.
Advantages of a Non-Immigrant visa include:
Entitlement of the holder to apply for a multiple re-entry visa to Thailand from the Immigration Division in Bangkok;
Subject to the regulations of the Immigration Authorities, entitlement of the holder to apply for permanent residence in Thailand;
Eligibility for issuance of a work permit to the holder (only for category B and category O (only a foreigner who married to a Thai national);
Eligibility for temporary visa renewal while processing issuance of a long-term annual visa.
Foreigners are advised to strictly adhere to the rules governing each visa category. They should report any changes of address or status to local police within 24 hours.
In addition, foreigners residing in Thailand for more than 90 consecutive days are required to notify their address with the Immigration Bureau every 90 days. This requirement applies to all foreigners, including holders of work permits and long-term visas. Failure to do so, the foreigner shall be punished with a fine not exceeding 5,000 Baht and with an additional fine not exceeding 200 Baht per each day passing until the law is complied with.
Transit, Visitor Transit, Tourist and Non-Immigrant Visas are issued only for the following purposes and duration:
Diplomats or consular missions (duration as necessary);
Official missions (duration as necessary);
Tourism (90 days);
Sports (30 days);
Business purposes (1 year);
An investment that has received authorization from the appropriate government authorities (2 years);
Investment or other business in connection with investment under the Investment Promotion Act (as determined by the BOI);
Transit (30 days);
The controller or crew of a conveyance entering a port or other locality in the Kingdom (30 days);
Work as a skilled laborer or specialist (1 year).
If leaving the country, a foreign national must apply for a Re-entry Visa to enter Thailand on their current Non-Immigrant Visa.
A Single Re-Entry Visa costs 1,000 Baht for leaving and re-entering Thailand on one occasion before the expiry date of the Non-Immigrant Visa.
A Multiple Re-Entry Visa costs 3,800 Baht for leaving and re-entering Thailand on multiple occasions before the expiry date of the Non-Immigrant Visa.
In response to feedback from investors, the BOI coordinated the establishment of a One-Stop Service Center for Visas and Work Permits. Through joint cooperation with the Immigration Bureau and the Ministry of Labor, the center can process applications or renewals of visas and work permits within 3 hours, upon receipt of proper and complete documentation.
In addition, the center handles other transactions, including the issuance of multiple re-entry stamps, changes in class of visa (to non-immigrant from tourist or transit), and payment of fines.
The One-Stop Service Center is located at 18th Floor, Chamchuri Square Building, Phayatai Road, Pathumwan, Bangkok 10330, and it may be reached by phone at 0-2209-1100.
When an individual applies for a renewal of work permit, he or she has to show that taxes for the previous year have been paid.
Foreigners may also apply for permanent residence permits for Thailand under certain conditions, such as investment in a business, or a condominium. Applications can be made to the Immigration Department.
Members of the diplomatic or consular corps, foreigners coming to perform their duties in Thailand with the approval of the Thai government, foreigners performing their duties in Thailand under an agreement between the Thai government and a foreign government, heads of international organizations or agencies operating in Thailand, and dependents of all the aforementioned persons, including private servants of members of the diplomatic corps, are exempted by the Act from the normal visa requirements.
Last updated November 2018
