Siam Legal International

Work Permits in Thailand

Obtaining a work permit is a general protocol for any individual that shall be working outside his home country. This practice is commonly observed and practiced to avoid issues regarding illegal workers and overstaying. In addition, this also protects and safeguards foreign employees from any form of abuse.

Thailand, of course, is not exempt from compelling foreign employees to obtain a work permit prior to entering the country. Generally speaking, "work" in Thailand pertains to any activity that utilizes one's knowledge and physical energy. Contrary to what many perceive, work per se in Thailand is not measured by the salary received by an individual. Thus, it would not come as a surprise to know that even volunteers are required to obtain a work permit.

Acquiring a work permit in Thailand requires a multitude of legwork. This stems from the fact that before anyone can acquire it, they should hold a business visa first. The business visa serves as their gateway to work legally in Thailand.

Since the business visa is not a working a visa, foreign workers need to endure two applications. First is for the visa and the other is for the permit. This is in stark contrast to other countries that simultaneously issue the working visa and the permit. Despite of the fact that work permit applications are handled by Thai employers, still, foreign employees are not spared from complying with the documentary requirements asked by the employer. Thus, to expedite the whole process, it is best to seek advice or even assistance from experts in this particular field.

Not all foreign workers are obliged to obtain a Thailand work permit. There are some who are exempted from such process. These are:

� Members of the diplomatic corps

� Members of consular missions

� Representatives of the United Nations (UN)

� Personal employees of diplomatic corps members, consular missions members and UN representatives

� Employees who are performing missions and whose stay is in accordance with the agreement made by Thailand

� Employees performing functions or missions for education, sports, culture and arts

� Employees who are required by the Thailand government to perform missions in the country

� Employees who are performing "urgent and essential work" - Foreign workers who are performing "urgent and essential work" are allowed to stay for only 15 days upon presenting their endorsement letters to Thailand's Director-General

� Employees whose entries are covered by Thailand's Investment Promotion Law - These individuals still require a work permit. However, since they support foreign investment, they are allowed to work while processing their permit applications inside Thailand.

There is no doubt that work permits are the lifeblood of any foreign employee in Thailand. Illegal workers are subjected to penalties and even imprisonment. Moreover, they face the risk of being prohibited to enter Thailand again.