:: Legal Issues for Foreign Investors  : 2. Work Permits (continue)

D. Required Documentation
The following documents must be attached to a Work Permit application: 

  • For non-permanent residents: A valid passport containing a Non- Immigrant visa (except for WP 3 applications) 
  • For permanent residents: A valid passport, residence permit and alien book (except for WP 3 applications) 
  • 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 or habitual alcoholism (except for WP 7 applications). 
  • Three 5x6 cm. full-faced, bareheaded, black and white or color photographs, taken no more than six 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 Alien Occupation Law, 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, as well as a 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.  

 

E. Permitted Activities
Thai law prohibits employers from allowing aliens to perform any function other than that described in the alien's Work Permit. Employers must report changes in employment, transfers and termination of all aliens in their organization within 15 days of any such action. In cases of dismissal, aliens must return their Work Permit 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. 

Any alien who engages in work without a Work Permit, or in violation of the conditions of his work as stipulated in his Permit, may be punished by a term of imprisonment not exceeding three months or a fine of up to 5,000 baht, or both. Aliens engaged in work prohibited to them by Royal Decree (see below) shall be liable to imprisonment for a term not exceeding five years or to a fine ranging from 2,000 to 100,000 baht, or both. 

An employer who permits an alien to work in his organisation without a Work Permit or to act in violation of the nature of the work specified in the Permit may be punished with imprisonment not exceeding three years or fined up to 60,000 baht or both. 

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 Alien Employment Act does not prevent an alien from engaging in work in more than one field or for more than one employer. 

F. Restricted Occupations
A Royal Decree in 1973 listed 39 occupations and professions that were then prohibited to aliens. This list has been amended on several occasions by subsequent Royal Decrees, the latest one in 1979. 

  • Labor 
  • Work in agriculture, animal breeding, forestry, fishery or general farm supervision 
  • Masonry, carpentry, or other construction work 
  • Wood carving 
  • Driving motor vehicles or non-motorized carriers, except for piloting international aircraft 
  • Shop attendant 
  • Auctioneering 
  • Supervising, auditing or giving services in accounting, except occasional international auditing 
  • Gem cutting and polishing 
  • Hair cutting, hair dressing and beautician work 
  • Hand weaving 
  • Mat weaving or making of wares from reed, rattan, kenaf, straw or bamboo pulp 
  • Manufacture of manual fibrous paper 
  • Manufacture of lacquer ware 
  • Thai musical instrument production 
  • Manufacture of niello ware 
  • Goldsmith, silversmith and other precious metal work 
  • Manufacture of bronze ware 
  • Thai doll making 
  • Manufacture of mattresses and padded blankets 
  • Alms bowl making 
  • Manual silk product making 
  • Buddha image making 
  • Manufacture of knives 
  • Paper and cloth umbrella fabrication 
  • Shoemaking 
  • Hat making 
  • Brokerage or agency work, except in international business 
  • Dressmaking 
  • Pottery or ceramics 
  • Manual cigarette rolling 
  • Legal or litigation service 
  • Clerical or secretarial work 
  • Manual silk reeling and weaving 
  • Thai character type-setting 
  • Hawking business 
  • Tourist guide or tour organising agency 
  • Architectural work 
  • Civil engineering work 


Following the amendment of the Alien Working Act No.2 B.E. 2544, the Department of Employment has increased its work permit fee structure. This has been announced in the Royal Gazette on 17 September 2002 and will be enforced with effect from 18 September 2002.

 

New fee

Old fee

Period of work permit at grant

Baht

Baht

Up to 3 months 

750

300

3 months to 6 months 

1,500

500

6 months to 12 months

3,000

1,000

12 months to 15 months

3,750

1,300

15 months to 18 months

4,500

1,500

18 months to 24 months

6,000

2,000

Work permit replacement 

150

500

Permission to engage in other work

150

500

Permission to change locality or place of work

150

500