Amendment of Foreign Worker’s Employment
The Emergency Decree (NO.2) B.E. 2561 governing the Management of Foreign Workers became effective on 28 March 2018. The significant changes relate to the following issues.
Keywords: Mazars, Thailand, Legal, Work permit, Emergency Decree, WP6, Labour Department
18 July 2018
Old rules | New rules | |
Work permit requirements | A manager of a representative office and a manager of a branch office of a foreign entity in Thailand have to obtain a work permit. | A manager of a representative office and a manager of a branch office of a foreign entity in Thailand no longer have to obtain a work permit. |
Foreigners who enter Thailand to perform activities related to sporting, artistic, or cultural events do not have to obtain a work permit. | Foreigners who enter Thailand from time to time for a company visit, or for attending or facilitating meetings, seminars or training, or for performing activities related to sporting, artistic, or cultural events, do not have to obtain a work permit. | |
Application process for amending the work permit, such as changing of employment, adding the employer, changing of work place, changing of position or type of work | The foreigner has to submit the application form (WP6) for amending the work permit details. The official fee is required. | The foreigner no longer needs to submit the application for amending the work permit. Only the notification form is required. It is not subject to any government fee. |
Penalties for employing the Foreigner without applying for a work permit and for the foreigner actually working without such a permit | Subject to a Fine and Imprisonment | The new law reduces the maximum rate of the fine and removes the imprisonment term for the foreigner who works without a work permit. |
Urgent work permit for the period not longer than 15 days | Not allowed to extend the working period after 15 days | An additional 15-day work permit extension could be obtained in case the job cannot be completed within the initial 15-day period. |
Notification for new employment and/or termination of work | The employer doesn’t need to inform the Department of Employment. | The employer must notify the Department of Employment (Labour Department) within 15 days of any new employment or termination of work. Failure to comply with the above will be subject to a fine of THB 20,000. |
The new procedures and conditions for work permits will be announced soon.
For more information, please read the Emergency Decree (NO.2) B.E. 2561.
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