The determination, result of consideration and regulations under this section shall be published in the Government Gazette. When the employer remits deducted salary of any employee to the Fund, the registrar shall issue the receipt to the employer. Mr Brousseau is exclusively working under Thai law since 2008. Before the Foreign Business Act of 1999, B.E. Section 8. Anyone have any info on this? Work Permit for foreigners in Thailand | Thai Company and Foreign Permits issued under this Act shall be valid for one year from the date of issue except: (1) the permit issued to an alien under section 10 shall be valid for such period which he has been permitted to work under such laws;(2) the permit issued to an alien under section 12 shall be valid for the period prescribed by the Director-General or official entrusted by the Director-General which must not exceed one year from the date of issue;(3) the permit issued to an alien who has been permitted entry into the Kingdom for temporary stay under the law on immigration shall be valid for such period which he has been permitted to stay in the Kingdom at the time of the issue of the permit;(4) the permit issued to an alien who has been permitted entry into the Kingdom for temporary stay under the law on immigration without definite period shall be valid for thirty days from the date of issue. However, when contract of is in writing, the employer should give the employee a copy after it has been signed. Country: Thailand: Subject(s): Equality of opportunity and treatment: Type of legislation: Regulation, Decree, Ordinance: Adopted on: 2001-02-01 . Section 44. Notification of the Ministry of Labour and Social Welfare regarding prescription of work permissable to aliens under Section 12 of the Aliens' Work Act B.E. . 281 of 1972 (Investment Promotion Act). The Urgent Work Permit for Thailand. Section 12. Department of Employment - e-Labour - MOL Alien Working Act, B.E. must also be attached. "alien" means a natural person who is not of Thai nationality;"work" means engaging in work by exerting energy or using knowledge whether or not in consideration of wages or other benefit;"permit" means a work permit;"holder of permit" means an alien who has been granted a permit;"Committee" means the Committee Considering Working of Aliens;"competent official" means person appointed by the Minister for the execution of this Act;"Registrar" means person appointed by the Minister as Registrar of working of aliens;"Director-General" means the Director-General of the Labour Department;"Minister" means the Minister having charge and control of the execution of this Act. 322, dated 13th December B.E. The Settlement Committee as appointed by the Minister under paragraph one shall consist of three members whereby one of which shall be the inquiry official under the Criminal Procedure Code. In granting of the permit, the registrar shall specify the permitted working area or work place, working period, category or nature of work and the employer to work with in accordance with the form and procedure as prescribed by the Ministerial Regulation. 2528 (1985) Alien Employee Act B.E. A full service law firm with . This Act is called the "Working of Alien Act, B.E. This translation has been made so as to establish correct understanding about this Act to the foreigners. The decision of the Minister shall be final. 2551. The employer shall then deliver the receipt to the employee as evidence. 2019 Investment Climate Statement - U.S. Embassy & Consulate in Thailand Ministerial Regulation stipulating Prohibitions Preventing an Alien from Applying for a Work Permit (B.E. Kingdom within the period specified by the inquiry official, but not more than thirty days, the inquiry official may settle the case and causes that alien to depart the Kingdom. Before a permit is expired and if the holder of permit wishes to continue working, he shall apply for a renewal of the permit with the Registrar prior to the expiration thereof. Foreign investment in most service sectors is limited to 49 percent ownership. An employer may apply for a work permit on behalf of a foreigner, but the permit may only be issued upon his entry. Under Thai Law foreigners are prohibited to engage in any of the following occupations. In this Act: "Alien" means: (1) a non-Thai natural person; (2) a juristic person not registered in Thailand; (3) a juristic person registered in Thailand and having the following characteristics: (a) a juristic person at least one-half of whose share capital is held by persons under (1) or (2), or a juristic person at least one-half of whose. Ministerial Regulation concerning application for and issuing of work permits and declaring employment of foreign workers (B.E. Section 11. In performing the duty under (2) , the owner or occupant of such premises or person who is responsible for or connected with the said premises shall render appropriate facilities. No person shall employ an alien who has no permit nor employ him in the work which is of different description or condition from that specified in the permit. After the Minister has issued a Notification under section 12, in the case the work which an alien is engaging is permitted under the Notification of the Minister, such alien may continue in such work but must apply for a permit within ninety days from the date the Notification of the Minister comes into force. Such receipt shall at least specify name and identification number of the employee whose salary has been deducted and remitted to the Fund and the unpaid amount. The granting of work permits is discretionary, but foreigners working under the Investment Promotion Act are immediately granted a permit. 2554). The regulations issued under (5) and (6) shall come into force upon their publications in the Government Gazette. 2). 2551, which came into force on 23 February 2008, repealed and replaced the Alien Working Act, B.E. In the case where the accused under paragraph one willfully departs the. The Director-General shall be member and secretary and the Director of the Office of Foreign Workers Administration shall be member and assistant secretary. Given on the 13th Day of February B.E. Remark: Reference to Thai legislation in any jurisdiction shall be made to the Thai version only. Section 21. Information on thailandlawonline is provided for information purposes only and should not at any time be interpreted as legal advice. Urgent Work Permit for Temporary Work in Thailand Employment and Jobseeker Protection Act B.E. Section 58. A holder of permit must keep the permit on himself or at the place of work during work in order that it may be readily shown to competent official or Registrar. Labour Laws (Revised 1994), 1994, International Translations Office, Bangkok, Thailand, pp. Section 55. PDF Alien Working Act, B.E. 2521 (1978) Translation Foreign employment working of aliens act | Translations | Laws in Thailand Announcement No. Work is defined broadly to include any work involving physical strength or knowledge whether or not done for money or other remuneration. Work permits are specific for a particular position and location and any changes are subject to notification and approval. 2522 Temporary Stay in the Kingdom . An alien who engages in work without having the permit shall be liable to imprisonment for a term of not exceeding five years or to a fine from two thousand Baht to one hundred thousand Baht or to both. This Act shall not apply to the performance of specific duties by the alien in the Kingdom in the following capacities: (3) as a representative of member countries and official of the United Nations and specialised institutions; (4) as a personal servant coming from foreign countries to work regularly for the person under (1) or (2) or (3); (5) as a person who performs duties or missions in accordance with agreements between the Government of Thailand and foreign government or international organisation; (6) as a person who performs duties or mission for the benefit of education, culture, art, sports or other activities as may be prescribed by the Royal Decree; (7) as a person permitted, with or without any condition, by the Council of Ministers to enter and perform any duty or mission. While awaiting for the permit under paragraph two, that alien may engage in work without regard to section 24 until the date of receiving of the permit as notified by the registrar. Section 42. This Act shall come into force as :from the day following . Home Immigration Act, B.E. WhatsApp +66 (0)8 7225 1340 . Foreign employment working of aliens act, Work in agriculture, animal husbandry, forestry or fishery excluding specialized work in each particular branch or farm supervision, Bricklaying, carpentry or other construction works, Driving mechanically propelled carried or driving non-mechanically-propelled vehicle, excluding international aircraft piloting, Supervising, auditing or giving service in accountancy excluding internal auditing on occasions, Haircutting, hairdressing or beauty treatment, Weaving of mate or making products from reeds, rattan, hemp, straw or bamboo pellicle, Making of products from gold, silver or gold-copper alloy, Brokerage or agency excluding brokerage or agency in international trade business, Engineering work in civil engineering branch concerning designing and calculation, organization, research, planning, testing, construction supervision or advising excluding specialized work, Architectural work concerning designing, drawing of plan, estimating, construction directing or advising. This Act shall come into force as from the day following the date of its publication in the Government Gazette.*. 337, dated 13th December B.E. In the performance of duty, the Registrar and competent official must produce their identity cards upon request of the person concerned. 2521. An alien who holds the permit or has been permitted to engage in work under the Working of Alien Act, B.E. Database of national labour, social security and related human rights legislation. The following aliens may engage in only such works which have been prescribed by the Minister as published in theGovernment Gazette. Section 53. When the Settlement Committee has settled the case and the accused pay the fine in an amount as settled within thirty days, the case is deemed to be settled under the Criminal Procedure Code. Subject to the law on immigration, any person wishing to employ an alien in his business in the Kingdom may submit anapplication on behalf of the alien to the Director-General or official entrusted by the Director-General. Section 10. Section 31. 2521. Section 18. Any holder of a permit who violates section 21 shall be liable to imprisonment for a term not exceeding one month or to a fine not exceeding two thousand Baht or to both. The decision of the meeting shall be made by majority of votes. I've heard there is a new Alien Employment Act (2008) - not sure if it's still being drafted or is now in force. Council of Ministers and published in the Government Gazette. Whoever desires to engage an alien living abroad to work for his business in the Kingdom may apply for the permit and pay fee on behalf of that alien. Ministerial Regulation on the deduction of wages for import Fund for Aliens Returns Out of the Kingdom, 2060. The provisions on the committee having duty to conduct administrative procedure under the law on administrative procedure shall apply to the appointment of the qualified members of the Board and the meeting of the Board mutatis mutandis. In such Notification, the Minister may prescribe any condition as he may deem appropriate: (1) aliens under a deportation order under the law on deportation who have been permitted to engage in profession at a place in lieu of deportation or while awaiting deportation;(2) aliens whose entries into the Kingdom have not been permitted under the law on immigration and are awaiting deportation;(3) aliens who are born within the Kingdom but have not acquired Thai nationality under the Announcement of the National ExecutiveCouncil No. Alien means a natural person who is not of Thai nationality; Work means engaging in work by exerting energy or using knowledge whether or not in consideration of wages or other benefits; Holder of permit means an alien who has been granted a permit; Employee means the holder of permit under section 9, section 11, section 13 (1) and (2) and section 14 who has been granted to engage in work as prescribed by the Ministerial Regulation issued under section 15; Board means the Board of Alien Repatriation Fund; Committee means the Committee Considering Working of Alien; Appeal Committee means the Committee Considering Appeal on Working of Alien; Competent official means a person appointed by the Minister for the execution of this Act; Registrar means the Director-General and the competent official appointed by the Minister upon recommendation of the Director-General so as to grant permit and to perform other duties under this Act; Director-General means the Director-General of the Department of Employment; Minister means the Minister having charge and control of the execution of this Act. The employee shall, in making of the claim under paragraph one, attach the evidence under section 16 paragraph one therewith if the he has not yet paid the Fund completely or the evidence under section 16 paragraph two if the he has completely paid to the Fund. Minister may appoint the competent official having knowledge and experience in conducting an inquiry as joint-inquiry official under the Criminal Procedure Code. In the case of appeal on refusal order of not granting renewal of the permit under section 23, the appellant may engage in work until the decision of the Appeal Committee has been given. If you are a foreigner in need of a labour lawyer in Thailand then seek advice before you appear before the labour courts. Official Gazette (English), 2001-08-08, Vol. Any alien who is working in violation of the Royal Decree issued under section 6 shall be liable to imprisonment for a term not exceeding five years or to a fine from two thousand Baht to one hundred thousand Baht or to both. The matters to be prescribed may be different between general alien and the aliens under section 13 and section 15. To be able to legally work in Thailand the foreigner must have a valid non-immigrant visa and a work permit issued in his name allowing him to perform a specific job at a specific location for a specific company in Thailand. Notification of the Ministry of Labour and Social Welfare regarding prescription of work permissable to aliens under Section 12 of the Aliens' Work Act, B.E. ", Section 2. Section 37. 2544. Section 3. 337, dated 13th December B.E. Section 30. Thailand - United States Department of State If you are a foreigner and you intend to work in Thailand, you are subject to the Alien Employment Act, which requires you to have a work permit to be issued by the Department of Employment, Ministry of Labor, or unless it falls within an exception of the said Act. Repeals the Alien Working Act, B.E. Notification of the Ministry of Labour and Social Welfare regarding prescription of qualifications or disqualifications and conditions of aliens to apply for work permits. Section 40. NATLEX Database of national labour, social security and related human rights legislation Thailand > 2544 prior to the date this Act comes into force shall be deemed to be the application or appeal submitted under this Act. Section 46. Notice of Ranong Province on Measures for the Management of Certain Categories of Aliens, 2007. Labour Law - Ministry of Labour 2521 (1978) and the Investment Promotion Act B.E. In this Act, "alien" means a natural person who is not of Thai nationality; "work" means engaging in work by exerting energy or using knowledge whether or not in consideration of wages or other benefit; "permit" means a work permit; "holder of permit" means an alien who has been granted a permit; www.ThaiLaws.com2 Director-General issued or made by virtue of the provisions of the Working of Alien Act, B.E. If the certificate issued under paragraph two is lost or damaged, the employee may request the registrar for the substitution thereof. There shall be established the fund in the Department of Employment, called the Alien Repatriation Fund, so as to be the revolving fund for the repatriation of employee, alien and deportee abroad under this Act, the law on immigration and the law on deportation, as the case may be. (4) Permission to change or add category of work, employer, working area or work place or working conditions as permitted each time 5,000 Baht, (5) Levy for hiring of alien other than skilled worker or expert per person 10,000 Baht, (6) Submission of an application each 1,000 Baht. In the performance of duties under this Act, the Director-General, the registrar and the competent official shall have the powers as follows: (1) to have written inquiry or summon any person to give statement and to produce document or evidence; (2) to enter into, for the purpose of inspection under this Act and with warrant of the Court, any place during working hour or the period believed to have work if there is a reasonable ground to suspect that there is an alien working in that place illegally, except the entering between sunrise and sunset. Section 35. Section 39. 322 of 1972 of the Revolutionary Party concerning the employment of aliens. In general, expatriate employment is governed by the Alien Employment Act which provides criteria designed to protect the domestic labor market. Section 18. 6 of 1993) issued under the Alien Work Permit Act 1978. In such case, the alien is required to give assurances that he would comply with such conditions and in the case under section 8, such alien shall give assurances prior to his entry into the Kingdom. Section 34. Section 47. The Foreign Business Act (FBA) governs most investment activity by non-Thai nationals. In the case of the alien under section 13 (1) and (2), the consecutive period of work to be renewed shall not exceed four years, except where otherwise prescribed by the Council of Ministers occasionally. PDF Alien Business Act B.E. 2542 (1999) Translation Foreign employment working of aliens act | Translations | Laws in Thailand Employment Law working in Thailand To be able to legally work in Thailand the foreigner must have a valid non-immigrant visa and a work permit issued in his name allowing him to perform a specific job at a specific location for a specific company in Thailand. Thailand: New Law on Foreign Employees and Migrant Workers If the permit is lost or damaged, a holder of permit shall apply for its substitution to the registrar within fifteen days as from the date that loss or damage has known to him. Copyrights 2016. The employer who fails to remit the deducted salary under section 15 to the Fund or remit an incomplete amount shall be liable to surcharge at the rate of two per cent per month of the unremitted or incomplete amount thereof. Working as a foreign citizen in Thailand. Secondly, foreigners are only allowed to perform work that does not violate the Alien Employment Act (i.e.not engage in work prohibited for foreigners). Section 10. If, in any case, there is a law concerning alien employment provided hereafter, the granting of work privileges must comply with the law concerned. Notification of 1979 of the Ministry of Interior respecting qualifications or forbidden qualifications of and conditions for aliens applying for work permits. 2521 as amended by the Working of Alien Act (No. 2559. Thailand Forum Visa and Immigration Forums Thailand News Thailand Explore - Travel & Save in Thailand International Money transfer by DeeMoney The provisions of this section may come into force in any area, to the alien of any nationality, for any category or nature of work, during any period or season and with any condition upon the Notification of the Council of Ministers as prescribed in the Government Gazette. Other key laws governing foreign investment are the Alien Employment Act (1978) and the Investment Promotion Act (1977). Upon submission of the application under paragraph one, the applicant may engage in that work until the registrar refuses the renewal. At a meeting of the Committee, if the Chairperson is not present at the meeting or is unable to perform his duty, the members shall select one among themselves to preside over at the meeting. While there is no such Ministerial Regulation under section 7, the registrar may permit the alien to engage in any work other than the works as prescribed by the Royal Decree enacted under section 6 of the Working of Alien Act, B.E. Ministerial Regulation of 1979 issued under the Alien Work Permit Act 1978. Section 57. This Act does not apply to performance of specific duty by aliens in the Kingdom in the following capacities: (1) as members of a diplomatic mission; (2) as members of a consular mission; (3) as representatives of member countries and officials of the United Nations and specialized institutions; (4) as personal servants coming from foreign countries to work regularly for persons in (1) or (2) or (3); (5) as persons who perform duty or mission under an agreement concluded between the Government of Thailand and foreign Governments or international organizations; (6) as persons who perform duty or mission for the benefit of education, culture, art, sports or other activities as may be prescribed by the Royal Decree; (7) as persons permitted by the Government of Thailand to enter and perform any duty or mission. In the case an alien resigns from work which is specified in the permit, he shall return the permit to the Registrar of Changwat where the place of work is situated within seven days from the date of his resignation. Any person who fails to comply with a written inquiry or summons or refuses to provide facts or furnish document or evidence, or obstructs or fails to render facilities to the Director-General or official entrusted by the Director-General, or the Registrar or competent official in the performance of their duties under section 30 shall be liable to a fine not exceeding three thousand Baht. 2522 with the following provision: "In the case where the applicant submitting the application, as prescribed in paragraph one, is an alien person who wishes to work, or wishes to receive permission to work, in the representative office of a foreign legal person which engages in international trade, or in a regional representative office of a foreign legal person, which engages in the business of being a "provider of services" according to the laws pertaining to the operations of foreign businesses, or is an alien person who has received permission to enter and work within the Kingdom in accordance with the Investment Promotion Law, or according to other laws under Section 10, application for work permit may also be submitted at the Center for Visas and Work Permit, the Board of Investment, Office of the Prime Minister. If a permit is materially damaged or lost, holder of the permit shall apply for a substitute with the Registrar within fifteen days from the date of the Knowledge of such damage or loss. Other key laws governing foreign investment are the Alien Employment Act (1978) and the Investment Promotion Act (1977). No alien shall engage in any work other than the works under section 7 and the permit shall be granted by the registrar, except for the alien who enters into the Kingdom temporarily under the law on immigration so as to engage in necessary and urgent work for a period of not exceeding fifteen days and that alien may engage in that work after giving written notification to the registrar. The holder of permit who desires to change or add category or nature of work, employer, working area or work place or conditions shall be permitted by the registrar. 322, dated 13th December B.E. Section 59. If the Chairman does not attend or is unable to perform his duty, the members present shall elect one among themselves to preside over the meeting. Any holder of permit who fails to comply with section 14 or section 19 shall be liable to a fine not exceeding five hundredBaht. Uponreceipt of the appeal, it shall be referred to the Committee within fifteen days and the Committee shall then consider and submit its opinion to the Minister within fifteen days and the Minister shall complete his consideration of the appeal within thirty days. Ministerial Regulation (No. Work by aliens may be carried out in compliance with rules from the Secretary of state for Labor and could simply be completed with a piece permit, with the exception that no visa is needed to have an alien in Thailand temporarily underneath the immigration laws and regulations to complete necessary and urgent work for as much as 15 days. that work has been prescribed by the Ministerial Regulation enacted under section 15, as the case may be, that employee shall be exempted from deduction of salary so as to remit to the Fund, except where the deducted salary which is remitted to the Fund of that employee has not yet completed, the employer shall deduct salary of that employee so as to remit to the Fund until the completion thereof. Section 23. Section 9. Whoever desires to engage the alien under paragraph one shall notify the registrar in the form as specified by the Director-General and shall pay the levy at least three days prior to the date of hired contract. ACT recently has 51 . 2515 or under other laws.An alien may engage in such works as prescribed by the Minister under paragraph one only upon receipt of a permit from the Director-General or official entrusted by the Director-General. The issuance of the receipt under paragraph one and the certificate under paragraph two and the issuance of the substitution under paragraph three shall be in accordance with the form, rules and procedure as prescribed by the Ministerial Regulation. 2544. In the case where the period of work of the holder of permit under section 12 has been extended under such law, the licensor under such law shall notify the extension of that period in writing to the registrar in accordance with the form as specified by the Director-General as soon as possible and the registrar shall file that extension in the permit. Section 6. Section 16. The primary Thai laws and ordinances governing "aliens", or non-Thai nationals, working in Thailand are the Alien Workers Act, B.E. or is an alien person who has received permission to enter and work within the Kingdom in accordance . Section 40. 2515 comes into force and has not, up to the date this Act comes into force, submitted particulars concerning aliens in his employment under Clause 35 of the said Announcement, shall submit the said particulars in the form prescribed by the Director-General within forty-five days from the date this Act comes into force. (No. 5 of 1987) issued under the Alien Work Permit Act 1978. The registrar shall send the appeal together with his reasons for refusing the granting of the permit, permission, renewal of the permit or revocation of the permit to the Appeal Committee within seven days as from the date of receiving the appeal, and the Appeal Committee shall give a decision thereon within thirty days as from the date of receiving the appeal.
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