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| Setting
up a Business in Thailand |
Work Permits
The Alien
Occupation Law, adopted in 1973, requires all aliens working
in Thailand to obtain a Work Permit prior to starting work
in the Kingdom. An updated version of the Act, adopted in
1978, describes the procedures for issuance and maintenance
of Work Permits and lists certain occupations from which
aliens may be excluded.
A.
Exemptions
The Act grants exemptions from the Work Permit requirement
to persons occupying the following professions:
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Members
of the diplomatic corps
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Members
of consular missions
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Representatives
of member countries and officials of the United Nations
and its specialized agencies
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Personal
servants coming from abroad to work exclusively for persons
listed under the above items
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Persons
who perform duties on missions in the Kingdom under an
agreement between the government of Thailand and a foreign
government or international organization
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Persons
who enter the Kingdom for the performance of any duty
or mission for the benefit of education, culture, arts,
or sports
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Persons
who are specially permitted by the Government of Thailand
to enter and perform any duty or mission in the Kingdom.
B.
Special Cases
While most aliens must apply for a Work Permit, and may
not begin work until the Permit is issued, the Alien Employment
Act does provide special treatment in the following circumstances:
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Urgent and Essential Work:
Exemption from Work Permit requirements is granted to
aliens who enter 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 aliens may engage in work only after a written
notification on a prescribed form, signed by the alien
and endorsed by his employer, has been submitted to and
accepted by the Director-General or his designee.
Aliens entitled to
this treatment may enter 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.
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Investment
Promotion
An alien seeking permission to work in the Kingdom under
the Investment Promotion Law must submit his application
for a Work Permit within 30 days of notification by the
Board of Investment that his position has been approved.
An alien in this category may engage in authorized work
while the application is being processed.
C.
Procedures
The Act requires that any alien working in Thailand must
obtain a Work Permit before beginning work. Section 8 of
the Act stipulates that while a prospective employer may
file an application on the alien's behalf in advance of
his commencing work, the actual Work Permit will not be
issued until the alien has entered Thailand in accordance
with the immigration laws and has presented himself to receive
his Work Permit. The Permit initially will be valid only
for the period of the alien's Non-Immigrant visa permits
him to remain in Thailand under the Immigration law. The
Work Permit will be subject to renewal in accordance with
the renewed or extended visa. For aliens who are holders
of a Thai Certificate of Residence, the Work Permit can
be renewed annually. The Labor Department, subject to subsequent
renewal, will in principle grant an initial duration of
one year for the Work Permit. A Work Permit must be renewed
before its expiry date or it will automatically lapse. Applicants
for Work Permits may not enter the Kingdom as tourists or
transients.
D.
Required Documentation
The following documents must be attached to a Work Permit
application:
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For
non-permanent residents: A valid passport containing a
Non- Immigrant visa (except for WP 3 applications)
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For
permanent residents: A valid passport, residence permit
and alien book (except for WP 3 applications)
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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
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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).
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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
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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
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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)
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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
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If
the applicant is married to a Thai national, the original
and photocopies of the following must be presented
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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
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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
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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 organization 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.
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Work
in agriculture, animal breeding, forestry, fishery or
general farm supervision
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Masonry,
carpentry, or other construction work
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Driving
motor vehicles or non-motorized carriers, except for piloting
international aircraft
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Supervising,
auditing or giving services in accounting, except occasional
international auditing
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Gem
cutting and polishing
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Hair
cutting, hair dressing and beautician work
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Mat
weaving or making of wares from reed, rattan, kenaf, straw
or bamboo pulp
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Manufacture
of manual fibrous paper
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Manufacture
of lacquerware
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Thai
musical instrument production
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Manufacture
of nielloware
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Goldsmith,
silversmith and other precious metal work
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Manufacture
of bronzeware
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Manufacture
of mattresses and padded blankets
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Manual
silk product making
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Paper
and cloth umbrella fabrication
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Brokerage
or agency work, except in international business
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Legal
or litigation service
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Clerical
or secretarial work
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Manual
silk reeling and weaving
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Thai
character type-setting
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Tourist
guide or tour organizing agency
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Sat, 29 March, 2003
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