Employment laws
A foreign national is a natural person who does not hold Thai nationality.
- Work means an activity using physical effort or knowledge, whether or not performed for wages or another benefit.
- Licence means a work permit.
- Licensee means a foreign national holding a work permit.
- Employee means a permit holder under Sections 9, 11, 13(1), 13(2) or 14 working in an occupation specified by ministerial regulation under Section 15. These employees contribute to the fund covering repatriation costs.
- Permit holders under Section 9 are foreign nationals admitted temporarily under immigration law, divided into four categories:
(1) General category: skilled workers in senior positions, staff transferred from foreign parent companies investing in Thailand, or temporary workers with advanced skills and technology. Their specialist or language abilities are needed where suitable Thai workers are unavailable. This category also includes work in their own business, their spouse's business or a joint investment. Common workplaces include:
– Businesses with investment of at least THB 2 million
– Businesses with investment exceeding THB 30 million
– Foundations, associations and foreign private organizations
(2) Lifetime category: permits under Revolutionary Council Announcement No. 322, Clause 10(10). Permits issued to foreign nationals residing under immigration law and already working before 13 December 1972 remain valid for life unless they change occupation.
(3) Work notification category: foreign nationals admitted temporarily to perform necessary and urgent work lasting no more than 15 days. Work may begin after written notification to the registrar.
(4) Nationality verification category: Myanmar, Lao and Cambodian workers who originally entered without immigration permission but were temporarily allowed to remain and perform manual labour or domestic work under Cabinet resolutions. Pink-card holders could regularize their status through nationality verification and documents from their home authorities, such as temporary passports or certificates of identity, to support green-card work permits.
Permit holders under Section 11 are foreign nationals who have not yet entered Thailand, whose employer applies and pays fees on their behalf. There are two categories:
(1) General category: skilled or senior workers, or temporary workers with advanced technical, specialist or language abilities where suitable Thai staff are unavailable. They must apply for a work permit within 30 days after entering Thailand.
(2) MOU recruitment category: foreign workers admitted under employment agreements between Thailand and partner countries. Permits cover manual labour and domestic work. At the time of this original article, the listed MOU partners were Laos and Cambodia.
Permit holders under Sections 13(1) and 13(2) include the following foreign nationals:
Foreign nationals outside Thailand who wish to work must follow these steps:
(1) People ordered deported but permitted to work at a specified location instead of deportation, or while awaiting deportation
(2) People who entered or remained without immigration permission but were temporarily allowed to stay while awaiting removal under immigration law
Section 14 covers nationals resident in countries bordering Thailand who enter using travel documents accepted in place of passports. They may be permitted to perform specified temporary or seasonal work in border districts or adjoining areas.
Section 12 covers foreign nationals working under special laws, including investment promotion and industrial estate legislation.
1. Contact the Thai embassy or consulate in the country of residence for advice and a Non-Immigrant visa in the passport.
2. Have the employer in Thailand apply for a work permit on the worker's behalf.
3. After receiving approval, travel to Thailand and request the work permit within 30 days of the approval letter. Work may begin only after the permit is issued.
Foreign nationals already in Thailand who wish to work must follow these requirements:
1. Applicants under investment promotion or industrial estate legislation must apply within 30 days of entering Thailand or learning that permission to work has been granted under that legislation.
2. Foreign nationals residing in Thailand or admitted temporarily may work only after receiving a permit, applied for using the prescribed form.
Eligibility for a work permit
1. Reside in Thailand or be permitted to enter temporarily
under immigration law, excluding tourist or transit status
2. Possess the knowledge and abilities required for the proposed work
3. Must not have a mental condition that renders them incapable of performing the work
4. Must not have leprosy, dangerous-stage tuberculosis, symptomatic elephantiasis, severe drug addiction or chronic alcoholism
5. Must not have been imprisoned for an immigration or foreign employment offence during the year preceding the application
Obligations of work permit holders
1. Keep the permit with you or at the workplace during work, available for inspection. The original article specifies a fine of up to THB 10,000 for non-compliance.
2. Working without a permit: the original article specifies imprisonment of up to five years, a fine of THB 2,000–100,000, or both.
3. Work only as permitted. Obtain permission before changing occupation, district or workplace. The original article specifies a fine of up to THB 20,000 for non-compliance.
4. Apply for renewal before the permit expires if you intend to continue working.
5. Apply for a replacement within 15 days of learning that the permit is damaged or lost.
6. Promptly request amendments after changes to the worker's name, nationality, residence or workplace name.