Business organizations in Thailand rank in the top twenty in the world for “ease of doing business,” according to the World Bank’s rating. New enterprises in the fields of technology, manufacturing, services, and support are being established.
Employment is the most common means of income and legal residency in Thailand. “Expats,” or labor migrants, have found their home in Thailand, and their duration of stay in the Kingdom exceeds two decades.
Labor relations are regulated by the Foreign Business Act and the Labour Protection Act. “Foreign citizens” refer to all non-residents except Thai citizens. “Work” is defined as physical or intellectual labor.
The Ministry of Labour is the government body responsible for regulating these relationships. Work performed by foreign specialists must contribute to the country’s development, not hinder the careers of Thai citizens, comply with state security provisions, and be in line with government regulations.
The state welcomes managers, experts, inventors, IT specialists, and manufacturers. The regulator grants work permits to non-residents, allowing them to work legally in Thailand.
Any work in Thailand without a valid work permit is prohibited for non-residents. Violations of the law are recorded by the police under criminal law. The consequences may include a protocol, a court case, fines, and deportation with information recorded in the immigration database, which may negatively affect visa issuance and re-entry into Thailand in the future.
Regarding the Work Permit, the type of activity, position, address, employer company, salary, and validity period are specified at the time of issuance. Any changes to the aforementioned conditions must be communicated to the Registrar in writing.
In case of labor relationship violations, the work permit may be revoked. Non-residents have the right to appeal to the Labor Court for labor disputes.
The validity of the Work Permit does not exceed two years from the date of issuance. After applying with the Labor Department, it can be extended for the same duration. The Work Permit must be kept at the workplace, and failure to do so may result in a fine by inspectors.
The legislation imposes penalties if an employer hires a foreign worker without a valid Work Permit.
Dear expats, be attentive to the legal aspects of employment, consider the peculiarities and consequences of violating the law. Consult with lawyers when needed.