3 of 1984) issued under the Alien Work Permit Act 1978. Section 47. 2520 (1977). Database of national labour, social security and related human rights legislation. Thailand . Section 3. Legislation on-line Ministry of Labour, Government of Thailand PDF of Unofficial English Translation (consulted on 2018-11-09) Abstract/Citation: Repeals the Alien Working Act, B.E. Foreign employment working of aliens act | Translations | Laws in Thailand Members appointed by the Minister vacate office prior to the end of term upon: (1) death;(2) resignation;(3) removal by the Minister. 2544. 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. 2521 (1978) and the Investment Promotion Act B.E. Foreign Business Act, B.E. 2542 - Wikipedia 125, Part 37A, pp. 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. Notice of Ranong Province on Measures for the Management of Certain Categories of Aliens, 2007. 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. Ministerial Regulation concerning application for and issuing of work permits and declaring employment of foreign workers (B.E. 2551 ("Alien Workers Act") and the Royal Ordinance on Bringing Alien Workers to Work with an Employer in the Kingdom of Thailand, B.E. The Committee has the power to appoint a sub- committee to carry out any activity or consider any matter within the scope of duty of the Committee. Thailand - United States Department of State 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. WORKING OF ALIEN ACT Unofficial translation. Labour Law - Ministry of Labour Section 2. To be eligible, the company must fulfill the requirements of the Ministry of Labor. The decision of the Appeal Committee shall be final. 8, p. 264, Replaces Section 2 of Ministerial Regulations B.E. 2521 (1978). PDF Alien Working Act, B.E. 2521 (1978) Translation (No. The permit, the application for and the issuance of the permit and the giving of notification under paragraph one shall be in accordance with the form and procedure as prescribed by the Ministerial Regulation. Repeals the Alien Working Act, B.E. 2559. In addition, the Anti-Corruption Organization of Thailand (ACT), founded in 2011, was established to pressure the government to create laws that can reduce levels of corruption. Working in Thailand | ThaiEmbassy.com In order to limit the number of aliens other than skilled workers or experts to engage in specific categories of works or in works with specific nature in the Kingdom, the Minister may, with approval of the Council of Ministers, impose by notifying in the Government Gazette the levy for hiring of aliens other than skilled workers or experts to engage in specific categories of works or in works with specific nature in the Kingdom. 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. The period of each renewal shall not exceed two years and the renewal shall be made only in necessary case so as to deter the settlement of alien in the Kingdom. 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. There shall be the Board of Alien Repatriation Fund, consisting of the Permanent Secretary of the Ministry of Labour as Chairperson, the Director-General of the Department of Employment as Vice-Chairperson, the Commissioner of Immigration Bureau, a representative of the Ministry of Foreign. 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. ACT recently has 51 . money shall be terminated and that money shall devolve on the Fund. The Urgent Work Permit for Thailand. 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. The Office of the Auditor-General or the independence auditor as approved by the Office of the Auditor-General shall be auditor of the Fund. There is no requirement in Thailand for a contract of employment to be in writing. Section 34. The provisions of paragraph one shall not apply to the working of aliens under section 12. Section 17. 2544. In the case of an appeal against an order refusing the renewal of a permit under section 15 as mentioned in paragraph one, the appellant has the right to continue working until the Minister decides on the appeal. Section 39. Labour Laws (Revised 1994), 1994, International Translations Office, Bangkok, Thailand, pp. Announcement of the Revolutionary Party No. 322, dated 13th December B.E. Section 39. A holder of permit who engages in work in violation of the conditions determined under section 9, section 13, section 14 or section 26 shall be liable to a fine of not exceeding twenty thousand Baht. 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. Any holder of permit who fails to comply with section 14 or section 19 shall be liable to a fine not exceeding five hundredBaht. Ministerial Regulation stipulating Prohibitions Preventing an Alien from Applying for a Work Permit (B.E. All the Royal Decrees, Ministerial Regulations and Notifications or Orders of the Minister or the Director-General or permits which have been issued or given by virtue of the Announcement of the National Executive Council No. Foreigners working in contravention of the Act may be imprisoned. Section 17. 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. The Minister of Labour shall have charge and control of the execution of this Act and shall have the power to issue Ministerial Regulations prescribing fees not exceeding the rate hereto attached, granting exemptions from fees and prescribing other acts for the execution of this Act. , Government Gazette, 2008-02-21, Vol. A full service law firm with . 95, Part 73, Special Issue, dated 21stJuly B.E. ", Section 2. Section 44. Whoever fails to comply with section 27 shall be liable to a fine of not exceeding ten thousand Baht, and he shall be liable to a fine from ten thousand Baht to one hundred thousand Baht per one alien if that alien has not had the permit. Reference to Thai legislation in any jurisdiction shall be made to the Thai version only. Thailand Forum Visa and Immigration Forums Thailand News Thailand Explore - Travel & Save in Thailand International Money transfer by DeeMoney 2019 Investment Climate Statement - U.S. Embassy & Consulate in Thailand Working Illegally in Thailand | Thai Work Permit A Permit issued under the Announcement of the National Executive Council No. Royal Decree of 1979 stipulating the occupations and professions prohibited to aliens. 2515 or by other laws; (4) born in the Kingdom but not entitling to Thai nationality by the provisions of the Announcement of the National Executive Council No. 337, dated 13th December B.E. What can be found in this Alien Employment Act? The application for and the granting of the permit under paragraph one shall be in accordance with the procedure as prescribed by the Ministerial Regulation. The Director-General shall be member and secretary and the Director of the Office of Foreign Workers Administration shall be member and assistant secretary. Any person who employs an alien in violation of section 22 shall be liable to imprisonment for a term not exceeding three years or to a fine not exceeding sixty thousand Baht or to both. 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. Minister may appoint the competent official having knowledge and experience in conducting an inquiry as joint-inquiry official under the Criminal Procedure Code. 24-43. Thai Lawyers All Rights Reserved. In the performance of duty, the Registrar and competent official must produce their identity cards upon request of the person concerned. 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. 2). Section 28. 2515 comes into force and has applied for a permit with the Director- General or official entrusted by the Director-General under Clause 34 paragraph one of the said Announcement and the Director-General or official entrusted by the Director-General has issued the permit which has not been collected by the alien who is still working on the date this Act comes into force, shall collect the permit within sixty days from the date this Act comes into force, otherwise such permit will be regarded as having expired at the end of the said period. The application for and the granting of the permission shall be in accordance with the rules and procedure as prescribed by the Ministerial Regulation. *Published in the Government Gazette Vol. Employment Act and Labor Laws in Thailand - Multiplier Section 37. 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. Section 15. Any alien who continues working after his permit has expired without applying for a renewal before the expiration thereof or has applied for a renewal but the Registrar has issued an order refusing the renewal of the permit under section 15 and such alien has not appealed the order of the Registrar, or if he has appealed but the Minister has decided not to grant renewal of the permit under section 17 shall be liable to imprisonment for a term not exceeding three months or to a fine not exceeding five thousand Baht or to both. 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. Members appointed by the Minister hold office for a term of two years and may be re-appointed. Royal Decree (No. The Foreign Business Act was a law enacted by the Chuan Leekpai-controlled National Legislative Assembly of Thailand in 1999 that limited foreign ownership of certain Thai industries. Other key laws governing foreign investment are the Alien Employment Act (1978) and the Investment Promotion Act (1977). Foreign workers in Thailand however are prohibited from joining Trade Unions. Section 4. 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. Section 50. In the issuance of such Ministerial Regulation, regard shall be had to national security, occupation opportunity of Thais and demand for alien labour as necessary for the development of the country. A holder of permit shall engage in work of the category or nature and with the employer and at the area or place and conditions as permitted. Working as a foreign citizen in Thailand. Section 27. The application for the permit on behalf of the alien under paragraph one shall be in accordance with the procedure as prescribed by the Ministerial Regulation. 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. Section 35. This Act shall come into force as from the day following the date of its publication in the Government Gazette.1. Section 26. Web Design by Move Ahead Media SEO Company Bangkok, Foreigners Buying Land or House to Live with Their Thai Partner, New Regulation for Digital Asset Business Operators in Thailand, Work in any jobs with one work permit Thailand Work Permit. In such case, the applicant for renewal of the permit may continue working until the Registrar issues an order refusing the renewal of the permit.Each renewal of permit shall be valid for one year, except. Baker McKenzie. 2515 shall continue to be valid as long as it has not expired and the holder of permit continues to engage in the work for which he has been granted the permit. e-Labour Ministry of Labour. The Director-General of the Department of Employment, Mr. . 2515; (5) born in the Kingdom but not entitling to Thai nationality by the provisions of the law on nationality. The determination, result of consideration and regulations under this section shall be published in the Government Gazette. Employment; "Minister" means the Minister having charge and control of the All Royal Decree, Ministerial Regulations, Notifications, resolutions of the Council of Ministers or orders of the Minister or. Section 56. Section 10. "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. Committee Considering Appeal on Working of Alien. 2 of 1979) issued under the Alien Work Permit Act 1978. The prescribed amount and rate may be different for the employees of different nationalities with due regard to the cost of repatriation of the employee of each nationality. Upon submission of the application under paragraph one, the applicant may engage in that work until the registrar refuses the renewal. (1) the renewal of permit under section 13 (3) shall be valid for the period not more than the extension which the holder has been permitted to stay in the Kingdom;(2) the renewal of permit under section 13 (4) shall be valid for thirty days each time unless such alien has been permitted to stay in the Kingdom under the law on immigration for a definite period which is longer than thirty days in which case the renewal of permit shall be for such period which he has been permitted to stay in the Kingdom, but not longer than one year. In the performance of duties under this Act, the registrar and the competent official shall produce identification card to related person. Section 49. The registrar and competent official shall have identification card made in the form as specified by the Minister by publishing in the Government Gazette. Notification of 1979 of the Ministry of Interior respecting qualifications or forbidden qualifications of and conditions for aliens applying for work permits. Ministerial Regulation (No. 2544 on the date this Act has been published in the Government Gazette shall be deemed to have the permit or permission to engage in work under this Act in accordance with the conditions as specified in the permit or permission. In performing the duties under this Act, the Director-General or official entrusted by the Director-General, Registrar orcompetent official shall be an official under the Criminal Code. 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 Department of Employment shall make and maintain the accounting of the Fund in accordance with the accounting system of the Ministry of Finance. A holder of permit who fails to notify the registrar under section 22 or fails to comply with section 24 shall be liable to a fine of notexceeding ten thousand Baht. Database of national labour, social security and related human rights legislation. Contact 2), B.E. Working of Alien Act - Thai Lawyers Ministerial Regulations shall come into force after their publication in the Government Gazette. 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. New Alien Workers Law | Price Sanond: Lawyers in Bangkok, Thailand The registrar shall, after receiving the notification under paragraph one, issue the permit to that alien within seven days as from the date of receiving of such notification. Thailand - Alien Working Act, B.E. 2551 [2008]. 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 55. If the employee has to be repatriated, the Fund shall provide money for the expense of repatriation of that employee. Section 3. The provisions on the committee having duty to conduct administrative procedure under the law on administrative procedure shall apply to the appointment and the meeting of the sub-committee of the Board mutatis mutandis. Countersigned by:General Kriangsak ChomananPrime Minister, (1) Work permit each year 1,000 Baht each(2) Renewal of a permit or extension of working period each year 1,000 Baht each(3) Permit substitute 300 Baht each(4) Permission for changing work or locality or place of work 500 Baht each, Certified correct translation (Taksapol Chiemwichitra) Office of the Council of State. 2522 Temporary Stay in the Kingdom . 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 43. Section 14. The permit granted under the Announcement of the National Executive. 2521. The Foreign Business Act (FBA) governs most investment activity by non-Thai nationals. Section 6. Section 42. Work Permit for Expatriates in Thailand | ThaiEmbassy.com Home Immigration Act, B.E. 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. When the employer remits deducted salary of any employee to the Fund, the registrar shall issue the receipt to the employer. 2552). Before the Foreign Business Act of 1999, B.E. Section 20. This Act is called the "Working of Aliens Act, B.E. NATLEX Database of national labour, social security and related human rights legislation Thailand > The Alien Working Act 2008 outlines work permit exemptions for foreigners who meet the specified conditions. 2551". The return of deducted salary and interest thereof under this section may be made in cash or cheque specifying the name of the employee or by transferring that money to the account of the employee in accordance with the rules as prescribed by the Director-General. A holder of permit shall keep the permit on himself or at the place of work during work in order that it may be readily shown to the competent official or registrar. Foreign investment in most service sectors is limited to 49 percent ownership. Section 33. At a meeting, the presence of not less than one-half of all the members shall constitute a quorum. The Registrar and competent official must have identity cards. Section 17 of the Labour Protection Act states that a contract expires when the specified period in the contract expires. . In order to employ a foreign national, the Department of Employment will look at things such as: whether the work could be done by a Thai; that the foreigner is appropriately qualified; and whether the . PDF WORKING OF ALIEN ACT, - thaianti-humantraffickingaction.org This announcement further clarifies the definition of working in conjunction with other Thai employment regulations. Section 29. If the holder of permit violates or fails to comply with the specified conditions, the registrar shall have the power to revoke the permit. 322, dated 13th December B.E. Section 54. Thailand Alien Working Act 2008 - thailawforum.com Immigration Act, B.E. The Foreign Business Act (FBA) governs most investment activity by non-Thai nationals. Section 30. Foreign investment in most service sectors is limited to 49 percent ownership. 2521 [1996] (No. The Board may appoint not more than two officials of the Department of Employment to be assistant secretaries. In the case where the salary of the employee has been deducted so as to remit to the Fund completely, the employer shall issue the certificate thereon to that employee as evidence. The followings shall be repealed: (2) Working of Alien Act (No. Section 43. Section 23. 2521 as amended by the Working of Alien Act (No. 2554). According to this Act, aliens of the following 3 categories are qualified to apply for work permits: An alien who may apply for a permit under section 7 must possess the following qualifications: (1) having a place of residence in the Kingdom or having been permitted entry into the Kingdom for temporary stay under the law onimmigration but not as tourist or in transit;(2) not being disqualified or prohibited under the conditions prescribed by the Minister as published in the Government Gazette. This Act is called the "Working of Alien Act, B.E. The Director-General may lay down the guideline for prescribing of the conditions under paragraph two to be complied with by the registrar. The application of a work permit To be able to legally work in Thailand the foreigner must have a valid visa and a work permit issued in his name. 2), B.E. Thailand - United States Department of State Work is defined broadly to include any work involving physical strength or knowledge whether or not done for money or other remuneration. This translation has been made . Foreign citizens are allowed to work in Thailand if they have a valid visa, a work permit and are employed in a position which does not infringe the Alien Employment Act.. The acquisition, term of office and vacation from office of the representatives of employers organization and employees organization and the term of office and vacation from office of the qualified members under paragraph one shall be in accordance with the regulations determined by the Minister and published in the Government Gazette. Announcement No. Section 19. Ministerial Regulation on the deduction of wages for import Fund for Aliens Returns Out of the Kingdom, 2060. 2544). An alien who has a place of residence in the Kingdom under the law on immigration and is working prior to the date theAnnouncement of the National Executive Council No. The primary Thai laws and ordinances governing "aliens", or non-Thai nationals, working in Thailand are the Alien Workers Act, B.E. 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. Certain occupations and professions may, by special decree, be prohibited for foreigners. Section 31. If the competent official finds the alien working without having the permit which is in violation of this Act and he orders that alien to report at the police station together with him but that alien fails to do so or tries to escape, the competent official shall have the power to arrest that alien without warrant of arrest and shall take the arrested person to the office of the inquiry official at once. Ministerial Regulations issued under the provisions of the Alien Employment Act (B.E. 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. His team has more than 50 years of experience with thousands of satisfied clients. 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. Database of national labour, social security and related human rights legislation. At a meeting of the Committee, not less than one-half of the total number of the members must be presented to constitute a quorum. Thailand - Ministerial Regulations issued under the provisions of the The period of the permit under paragraph one shall not extend the period to stay in the Kingdom under the law on immigration. Section 10. Phone +66 (0)8 7225 1340 . Section 12. 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.

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