Work Permit in Thailand

work permit in Thailand

Work Permit In Thailand:

With a work permit in Thailand, one can now work in a permitted job, at anytime, anywhere!!

Previously, foreign nationals who needed to obtain  work permit in order to work in Thailand were prohibited from doing any work, for any employer, anywhere, and under any such conditions if the job, location and permitted duties were not identified and detailed within the work permit.

For example, if you had a work permit to run a factory as a manager, you could not just change to a different factory without a new work permit and starting the entire (expensive) process again, nor for example could you publish youtube videos online and make money as well as working in the factory.

That is no longer the case, which is great news.

Until 2017 Thailand regulated foreign work permissions under the Alien Workers Act (2008) (the “Act”).

In 2017 the Emergency Decree on Non-Thais’ Working Management Emergency Decree, (2017) (“Decree No. 1”) repealed the Alien Workers Act (2008).

Decree No. 1, however, incorporated much of the repealed Act’s provisions and kept in force most of the regulations issued under it.

Then, on 27 March 2018, the Emergency Decree on Non-Thais’ Working Management (No.2) (2018) (“Decree No. 2”) was issued. Decree No. 2 amended Decree No. 1.

Section 70 of Decree No. 1 (and the Act) provided that “a person who is granted permission for working may not carry out the work of the type, with the employer, in a locality or on any working condition that is different from that specified in their work permit unless permission under Section 71 is obtained.”

Section 71 of Decree No. 1 (and the Act) provided that “a person who is granted permission for working, and who intends to change or add the following particulars, must obtain permission from the Registrar: (1) type of work (2) employer (3) location or (4) working conditions.”

And Section 73 of Decree No. 1 (and the Act) provided that “no person may allow a foreigner to work in a manner different from the requirements specified in the work permit.”

However, Importantly and very significantly, Section 37 of Decree No. 2 repealed Sections 70, 71, and 73 of Decree No. 1.

Furthermore, Section 28 of Decree No. 2 provides that a work permit holder may engage in any work that is not specifically prohibited to all foreigners on the “Official List” of work prohibited to foreigners.

The Official List outlines, the limited number of activities for which a foreigner cannot obtain work permits in Thailand.

As a result, any foreign national who has a work permit in Thailand may now, work anywhere, for anyone (including themselves, where they have the prerequisite legal requirements such as a Thai Limited Company and employees etc.), under any conditions, and do any type of work, that is not excluded by the Official List.

This is a very Important and significant and welcome change to the Thai foreign labour law regime and the work permit in Thailand rules and regulations.

It is obviously good news for work permit holders. Thailand itself as an economy will also benefit from having made its labour market more attractive to the best and most sought after foreign talent which the country needs to compete for in the ever-increasing globalised economy.


Work Permit In Thailand

Isaan Lawyers can assist with foreign nationals obtaining NON B Visas and Work Permits whether working for another company or employer or by setting up or incorporating a Thai limited Company in order to live and work here under your own company structure, subject to having the necessary additional employee requirements etc.

Contact Isaan Lawyers today in order to secure the rights to live and work legally within Thailand.

We have been representing the interests of expats and overseas nationals since 2006.

In Pattaya, you may wish to contact our sister company

Contact Us – Isaan Lawyers – Attorneys and Lawyers in Thailand

[email protected]

084 471 5775

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