Siam Legal International

 

Work Permits

 

 

In general, there are 3 aspects that would ensure the issuance of the Thailand work permit. These are:

 

· Satisfying the eligibility requirements

· Obtaining a business visa

· Completing the documentary requirements

 

Eligibility requirements

 

To be able to qualify for the Thai work permit, foreign workers must satisfy the following conditions:

 

· Possesses a business visa

· Is employed in professions or jobs that are not included or mentioned in Royal Decree B.E. 2522

· Sound mental condition

· Free from contagious diseases such as leprosy, tuberculoses and elephantiasis.

· Free from immigration violation

· Has the knowledge and skill demanded by the profession

 

Business Visa Requirements

 

Satisfying the above-mentioned conditions means that the applicant is eligible to apply for a work permit. But then again, such document cannot be issued if the foreign worker does not have a non-immigrant visa or to be more specific, the business visa. To obtain the business visa, the following documents should be presented to the nearest Thai embassy:

 

· Valid passport

· Accomplished application form

· Passport picture taken within the last 6 months

· Evidence of sufficient financial income

· Approval letter from the Ministry of Labour

· Duplicate copies of the work permit and alien income tax (Por Ngor Dor 91)

· Corporate-related papers and documents

 

Work Permit Documentary Requirements

 

With their business visa, the foreign workers enter Thailand and begin their work permit applications long before they start working. Thus, the documents that they must present are:

 

· Business visa

· Valid passport

· Curriculum vitae or resume

· Medical certificate

· 3 black and white photos taken within the last 6 months

· Duplicate copies of professional licenses if working

 

 For workers married to Thais:

 

o Marriage certificate

o Passport

o Birth certificate of the children

o Household registration

o Spouse’s identification card

 

Penalties

 

The Thailand government imposes sanctions to those who failed to obtain a work permit. Depending on the degree of violation, the penalties may vary.

 

· Failure to bring the permit during working hours – A THB 1,000 fine

· Failure to request for an extension – A THB 5,000 fine or a 3-month imprisonment or both

· For performing work that is not covered by the work permit and not approved by officials

· For not surrendering the work permit 7 days after the resignation – A THB 1,000 fine

· Failure to replace damaged work permits within 15 days – A THB 500 fine