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Employment in Thailand. Expat and law.

     You loved Thailand so much that the idea of organizing a business or taking employment does not leave you. Employment is a simpler form of income and will make your legal in Thailand. Many migrant workers - "expats", found in Thailand, their home and the duration of their stay in the Kingdom already exceeds two decades.

     Things to know.

     Legal labor relations are regulated by the "Act on the employment of foreign citizens", the English version of "Alien working Act, BE 2551 (2008), hereinafter "Act."

     By "foreign nationals", means all non-residents, except Thai citizens.

     "Work", - presented in the form of physical or intellectual work. Regulatory agency is The Ministry of Labor Relations (regulator).

     The work performed by foreign experts should contribute to the development of the country, not to hinder the career of Thai citizens, not to contravene the provisions of national security and carried out according to the provisions of regulation. The government welcomes the managers, experts and inventors.

     The controller provides the right to employment of non-residents and issues permit «Work Permit». According to Article 8 of the Act, the payment has to be made three days before the signing of the employment contract. If you ignore this law, you may incur additional fees.

     Any work in Thailand without a Work Permit is forbidden for non-residents. There were cases when playing the guitar and singing for friends in the restaurant, were regarded as "work" without permission. Cases of doubt the authorities with photographers or guides on the beaches and national parks also have a place. Typically, these violations of the law are recorded in the police station as violation not administrative aspects, but the criminal cases (Article 50 of the Act). The consequence would be a protocol, court case, a fine and deportation with entering information in the record immigration service, which in the future affect the formulation of visa and entry.

     Let us return to Work Permit. When issuing activity, position, address, company, employer, salary and period of validity are stipulated. If the above conditions change, the Registrar necessarily shall be notified in writing. In case of violation the Registrar may revoke the work permit. A non-resident has the right to appeal the decision of the Registrar in the Appeals Committee within seven days. The Committee's decision is final.

     Non-residents have the right to work, if they are authorized to enter, according to the immigration and labor laws, and didn’t cross the border as tourists or transit passengers.

     The law, according to Article 13 of the Act, reserve the right of the regulator to refuse to produce Work Permits for non-residents in the case of the deportation, the adverse social impact, contrary to the interests of state security, violations of immigration and labor law, the fact of participation in the riots.

     Duration of the Work Permit (Article 21 of the Act) does not exceed two years from the date of issue. After submitting your application to the Labor Department, this permit can then be extended for the same period.

     Your Work Permit must be in the workplace (Article 25 of the Act). In case of absence, the auditors shall impose a fine of 10 thousand. Thai baht (Article 53 of the Act).

     The inspectors of the Department of Labor, in the case if they find a non-resident working without Work Permit, are obliged to deliver the offender to the police station, even without a warrant, in accordance with the Criminal Procedure Code of Thailand.

     Sanctions for violations have sufficient weight.

     Article 51 of the Act provides for up to five years in prison or a fine from two hundred thousand Baht while performing work without a Work Permit.

     Article 54 of the Act involves a fine of ten to one hundred thousand baht, if the employer hired a foreigner without a Work Permit.

     Dear expats, please pay attention to the legal aspects of employment, consider the characteristics and consequences of violations of the law. Consult with Lokart and you will spend your time in Thai Land peacefully and legally.



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บริษัท โลคาร์ท อินเตอร์เนชั่นแนล จำกัด
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Tel:   +66 (0) 76 381026
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E-mail: lokartlegal@gmail.com
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