Thailand relaxes work permit laws for foreigners

[webfact]

Thailand relaxes work permit laws for foreigners

 

 

Thailand has updated its rules regarding work permits for foreigners, amongst the most significant of the changes is a reduction in penalties for those found working without a work permit.

 

According to law firm Duensing Kippen, via the Phuket News, foreigners found working without a work permit in Thailand no longer face the prospect of being sent to jail.

 

Duensing Kippen which confirmed the changes to Thaivisa via email on Thursday said that previously the penalties for working without a work permit under Decree No.1 (Section 101) was an imprisonment for a term not exceeding 5 years or a fine ranging from THB 2,000 to THB 100,000, or both.

 

But now under Decree No. 2 (Section 101) the imprisonment penalty has been repealed and the fine for working without a work permit reduced to between THB 5,000 to THB 50,000.

 

The penalties for employing foreigners without a work permit have also been reduced.

 

Previously, under Decree No. 1 (Section 102) the fine ranged from from THB 400,000 to THB 800,000 for each employee employed without a work permit.

 

But now it has been reduced under Decree No. 2 (Section 102) to a fine ranging from THB 10,000 to THB 100,000 for each employee employed.  

 

There are also further significant changes to the requirement for foreigners who attend meetings, seminars or sports competitions in Thailand.

 

Previously, foreigners attending a meeting or seminar in Thailand were required to have a work permit.

 

The reality was that most didn’t and the rule was rarely enforced.

 

But this requirement has now been waived altogether, meaning that foreigners can engage in some business activities, such as attending meetings and seminars, without needing a work permit.

 

The changes were introduced on March 27, 2018, when the Emergency Decree on Non-Thais’ Working Management (No.2) (2018) (“Decree No. 2”) was issued. Decree No. 2 amended Decree No. 1.

 

According to Decree No 2:

 

A. The following non-Thais can carry out certain activities in Thailand without a work permit:

 

(1) a non-Thai who comes to Thailand on a short-term periodic basis to: hold or to attend a meeting, lecture, seminar, training, exhibition of art or culture, or sports competition; provide an opinion; inspect work of others; or, any other activities, as prescribed by the Council of Ministers.

 

(2) a non-Thai who enters into Thailand to: operate a business; make an investment; or who has knowledge, ability, or skills that are considered beneficial to the development of the country;

 

(3) a non-Thai legal representative (e.g. director) of an alien juristic person that is licensed to operate business under the Foreign Business Act (1999);

 

Decree No 2 also reveals that work permit applications can now be filed electronically.

 

It should be noted that for all other instances foreigners still need a work permit to work legally in Thailand.

 

You can find a more detailed explanation of the changes to the rules on work permits on the Duensing Kippen website.

 

-- © Copyright Thai Visa News 2018-07-06

[pegman]

Something usefull done by these guys.

[Jingthing]

Wow. Unexpected goodness. The best kind. 

[shadowofacloud]

Good news, especially for digital nomads.

[coulson]

Seems so practical and sensible, where's the catch?

[taotoo]

(2) a non-Thai who enters into Thailand to: operate a business;

 

Presume we can't take that literally.

[bluesofa]

21 minutes ago, webfact said:

But now under Decree No. 2 (Section 101) the imprisonment penalty has been repealed and the fine for working without a work permit reduced to between THB 5,000 to THB 50,000.

I wonder if it also states the maximum payment to the BIB to avoid to above penalty is now only 500 Baht?

 

[scorecard]

"Decree No 2 also reveals that work permit applications can now be filed electronically."

I wonder if that means renewals can also be filed electronically?  Hope so.

 

 

[Rhys]

.. for teachers get rid of the syphilis test  (VDLR) every year... especially for the long timers... Hmm the mentality ...of it all. 

[Rhys]

Did they ever come to a definitive decision on teaching on line in Thailand.. do you need a work permit?

 

[greenchair]

15 minutes ago, Rhys said:

Did they ever come to a definitive decision on teaching on line in Thailand.. do you need a work permit?

 

That would be considered a skill that is beneficial to the development of Thailand. As long as you were teaching Thais. 

I guess week end teachers don't need a wp now. 

 

[Rhys]

10 minutes ago, greenchair said:

That would be considered a skill that is beneficial to the development of Thailand. As long as you were teaching Thais. 

I guess week end teachers don't need a wp now. 

 

 

Part time stil requires a permit right...    The on-line is a fuzzy area, if you teach on line say for those kids in China and you live in Thailand, there seems to be the look the other way attitude.    The wording in the rules as such as like the Chieng mai immigration and work permit officers say it is ok ... 

[Sir Dude]

They must be feeling the pinch in some way for them to have relaxed WP regs...usually, for a long time now, compromise has been non-negotiable on this one and only the tightening of the screw the other way has been OK.

[Psimbo]

1 hour ago, coulson said:

Seems so practical and sensible, where's the catch?

B30k to get your passport back, 555.

[TallGuyJohninBKK]

Good news, I guess.

 

But a head scratcher that we hear about this from a private law firm as opposed to some actual formal public announcement by the government. And the supposed decrees dating back to late March???

[bluesofa]

6 minutes ago, TallGuyJohninBKK said:

Good news, I guess.

 

But a head scratcher that we hear about this from a private law firm as opposed to some actual formal public announcement by the government. And the supposed decrees dating back to late March???

Perhaps the government didn't announce it as they were worried of losing face by seemingly giving a few concessions to the aliens from another planet.

 

[shadowofacloud]

(2) a non-Thai who enters into Thailand to: operate a business; make an investment; or who has knowledge, ability, or skills that are considered beneficial to the development of the country;

 

So let's consider the following scenario: I've got a company registered in the EU and my company serves clients in the EU. So remotely managing the company (i.e. operating  a business) is now perfectly legal without a WP.

 

I am aware that such activity was tolerated under the old act, but the new decree explicitly allows that.

 

Right?

[TallGuyJohninBKK]

Just now, bluesofa said:

Perhaps the government didn't announce it as they were worried of losing face by seemingly giving a few concessions to the aliens from another planet.

 

 

That's kind of what I was thinking. This kind of news is not part of their usual portfolio of rhetoric.

 

[GBW]

I have just renewed my work permit, the old fashion way. 3 hours at hospital to get a certificate. A mountain of paperwork, share holders certificates, bank account details and copies etc etc etc.... I guess I should keep  up with the news... Bugger! ?

[Brewster67]

You will find that some provinces won't take the changes on board because different provinces read the law differently and thus apply different rules.

 

For example, in Nakhon Ratchasima you can have a work permit with a non-imm O visa, but you will need to show tax, & SSO payments as well as your 40,000 baht per month salary proof and also still show 400,000 in your bank when you renew your visa.... almost everywhere else you no longer need to show the 400,000, the SSO, tax and salary proof is enough to extend your visa.

 

So different offices read the rules differently.

[CLW]

I was a bit confused what the Article (2) stated. But after reading the whole text at the provided website it says that these activities are only allowed for a period of 15 days maximum extendable another 15 days.

[shadowofacloud]

8 minutes ago, CLW said:

I was a bit confused what the Article (2) stated. But after reading the whole text at the provided website it says that these activities are only allowed for a period of 15 days maximum extendable another 15 days.

 

 No, I believe these are completely separate issues. The activities listed in Section A, Articles 1, 2 and 3 are the activities which do not require a WP. There is no indication on how long they can be executed. They are not even described as work in the original article.

 

Quote

A. The following non-Thais can carry out certain activities in Thailand without a work permit:

(1) a non-Thai who comes to Thailand on a short-term periodic basis to: hold or to attend a meeting, lecture, seminar, training, exhibition of art or culture, or sports competition; provide an opinion; inspect work of others; or, any other activities, as prescribed by the Council of Ministers.

(2) a non-Thai who enters into Thailand to: operate a business; make an investment; or who has knowledge, ability, or skills that are considered beneficial to the development of the country;

(3) a non-Thai legal representative (e.g. director) of an alien juristic person that is licensed to operate business under the Foreign Business Act (1999);

B. It remains the case, as provided for under Decree No. 1 that anon-Thai who wishes to work in Thailand on an urgent and necessary basis for a period of up to 15 days is no longer required to receive formal approval of such from the Department of Employment and need only to notify the Department of such (Note: failure to do so is subject to a fine of up to Thai Baht 50,000). However, Decree No. 2 has amended this provision such that if the work cannot be completed within 15 days an application for an extension of up to an additional 15 days may be made;

 

[Jamestaylor]

I did a few modeling gigs and they never asked for a work permit. 

[kuma]

1 hour ago, shadowofacloud said:

 

 No, I believe these are completely separate issues. The activities listed in Section A, Articles 1, 2 and 3 are the activities which do not require a WP. There is no indication on how long they can be executed. They are not even described as work in the original article.

 

 

Apologies, I mean to read the fine print but wanted to get this out in case there are people in the know...

Who / how will the following be decided:

 

(2) a non-Thai who enters into Thailand to: operate a business; make an investment; or who has knowledge, ability, or skills that are considered beneficial to the development of the country;

[overherebc]

5 hours ago, shadowofacloud said:

(2) a non-Thai who enters into Thailand to: operate a business; make an investment; or who has knowledge, ability, or skills that are considered beneficial to the development of the country;

 

So let's consider the following scenario: I've got a company registered in the EU and my company serves clients in the EU. So remotely managing the company (i.e. operating  a business) is now perfectly legal without a WP.

 

I am aware that such activity was tolerated under the old act, but the new decree explicitly allows that.

 

Right?

Well,  maybe.

Edit.

Re the OP.

Who decides what a short period is ?????

[overherebc]

1 hour ago, Jamestaylor said:

I did a few modeling gigs and they never asked for a work permit. 

Why would they?  You probably got paid cash, right????

[DrTuner]

1 hour ago, kuma said:

Apologies, I mean to read the fine print but wanted to get this out in case there are people in the know...

Who / how will the following be decided:

 

(2) a non-Thai who enters into Thailand to: operate a business; make an investment; or who has knowledge, ability, or skills that are considered beneficial to the development of the country;

Clear as mud. What kind of business? Could guess it means a non-Thai business, but needs clarification.

[shadowofacloud]

2 hours ago, kuma said:

Apologies, I mean to read the fine print but wanted to get this out in case there are people in the know...

Who / how will the following be decided:

 

(2) a non-Thai who enters into Thailand to: operate a business; make an investment; or who has knowledge, ability, or skills that are considered beneficial to the development of the country;

 

Well, taking into consideration the specificity of Thai institutions, it is impossible to know.

Most likely it will be decided in a completely ad hoc manner, with different provinces (cities even?) having different guidelines and policies.

 

As long as you know the right people in your area, the interpretation can be exactly what you want it to be.

[kuma]

3 minutes ago, shadowofacloud said:

 

Well, taking into consideration the specificity of Thai institutions, it is impossible to know.

Most likely it will be decided in a completely ad hoc manner, with different provinces (cities even?) having different guidelines and policies.

 

As long as you know the right people in your area, the interpretation can be exactly what you want it to be.

That is the way it seems to often run here, and they do it to success in many instances.

Will proceed on the basis of that assumption.

Cheers

[bluesofa]

5 minutes ago, shadowofacloud said:

 

Well, taking into consideration the specificity of Thai institutions, it is impossible to know.

Most likely it will be decided in a completely ad hoc manner, with different provinces (cities even?) having different guidelines and policies.

 

As long as you know the right people in your area, the interpretation can be exactly what you want it to be.

Seem a reasonable summary of the situation. I can see you've been here more than five minutes.