Beyond complying with Thai immigration law, a foreign citizen must also fulfill additional requirements in order to obtain a work permit. Aliens working in Thailand are governed by the Alien Employment Act BE 2521 (AD 1978) which is administered by the Thai Labor and Social Welfare Department (Labor Department). The Act enumerates certain occupations which an alien is prohibited from performing in Thailand as well as outlines the procedures for the procurement and maintenance of a work permit. Foremost, the Act codifies the requirement that natural persons not of Thai nationality must almost always obtain a permit before the alien begins to work inside the Kingdom of Thailand.

Under the Act, the term 'work' is defined very broadly. It includes all activities, which entail exerting one's physical energy or employing one's knowledge, whether or not for wages or other benefits. Consequentially, even foreign volunteers are normally required to obtain a work permit even though the alien will not receive any remuneration for services performed. If the activity of an alien performed in Thailand results in income or benefit to another person, a work permit must be obtained or the foreign citizen will be punishable under Thai labor law.

The penalty for working without a permit could amount to imprisonment not exceeding three months and/or a fine up to 5,000 baht. A local company or person that permits an alien to work without a required work permit can also be punished with imprisonment up to three years and/or a fine up to 60,000 baht.

The Alien Employment Act does, however, grant some limited exceptions to the work permit requirement. Members of diplomatic corps and consular missions of foreign countries, as well as the servants, which may accompany them, are not required to obtain a work permit. A person who per- forms duties under an agreement between the Thai Government and an international organization or foreign government is also excluded from the usual permit requirement. Furthermore, people who enter the Kingdom to perform a duty for the benefit of education, culture, arts, sports, or other activities prescribed by Royal Decree do not need a work permit. The Thai Government also permits certain aliens to work without a permit on a very limited and highly discretionary basis. An alien should contact the Labor Department to confirm whether he or she actually falls under one of these exceptions.

The Act also allows special treatment to some aliens who will work in Thailand on a strictly temporary basis. An exemption of the normal work permit requirement is provided to aliens who have to perform work of an urgent and essential nature. Aliens who qualify for this exception can enter Thailand on any type of visa and perform work for a maximum period of 15 days. However, written notification in an official form, signed by the alien and endorsed by the employer, must be signed by the Director Useful Info or an assignee before an alien can engage in this type of urgent work. Unfortunately, 'urgent and ‘essential' is not defined in the Act, and the granting of this exception is based solely upon the Department's discretion. Foreign citizens who enter the kingdom to work on a temporary basis at a local convention or exhibition are also exempted from work permit requirements. For this exception to apply, however, an alien can only stay in Thailand for a period less than 30 days. The Labor Department must also be informed of the situation before the seminar or exhibition convenes, unless a government entity is a co-sponsor.

There is also a limited exception for those aliens who plan to work for a company that is seeking approval from the Board of Investment. The Investment Promotion Act (No. 2) BE 2520 (1992) allows a foreign national to work in Thailand before an actual work permit is obtained. However, a valid permit must be acquired within 30 days of the alien's entry into the country in order to work on the promoted enterprise. If an alien is already present in Thailand, the 30-day period begins to run when the alien becomes aware that he or she will be granted permission to work under this Act. Failure to adhere to the conditions of this exception could incur a fine up to 1,000 baht.

Source: Skonchai & Oliver Law Consultancy Co., Ltd. For more details, visit www.visathailand.com or email Supat Skonchai at supat@visathailand.com