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Thailand relaxes work permit laws for foreigners


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On 7/8/2018 at 10:42 PM, Sasha777 said:


 

 


It is a little bit longer than I expected but it is real thing,worth reading it. https://drive.google.com/file/d/1b8_3JDBToIM4aa3jMWOKuLW32OEENXLS/view?usp=drivesdk

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Has anyone tried this link yet....looks suspect to me....

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Since the lowered fines are both for the worker AND the employer, I'd assume this new language will make it easier / more inviting for those Thai companies that want to exploit foreign workers by trying to hire them on the cheap without providing work permits.


Hit the nail on the head. Non-native speakers galore! Young, dumb and here they come. Who needs to be a University graduate now. Eighteen year olds with acne are on their way out right now.

Just wait for the new job ads. Wanted 18-25 year olds, no degree, no tefl, no experience required. Please enclose a recent photograph.

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2 hours ago, kuma said:

Has anyone tried this link yet....looks suspect to me....

I have downloaded and opened it. Weirdly, it tries to print itself on opening. I googled that, and it seems that's a common problem with some pdf files, so I cancelled the print dialog and opened it. It does seem to be the emergency Decree in question.

 

I have sent copies to both my lawyer in BKK and a contact I have at the BOI. I have not had any replies yet, but will post any pertinent info I get back here.

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2 hours ago, Davedub said:

I have downloaded and opened it. Weirdly, it tries to print itself on opening. I googled that, and it seems that's a common problem with some pdf files, so I cancelled the print dialog and opened it. It does seem to be the emergency Decree in question.

 

I have sent copies to both my lawyer in BKK and a contact I have at the BOI. I have not had any replies yet, but will post any pertinent info I get back here.

 

Are you interested to add a couple of questions to your lawyers:

 

1. Does it mean that renewals can also be done on line?

 

2. Does it mean that 2 year work permits will now be possible for many occupations? 

 

Thanks.

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4 hours ago, Wilsonandson said:

 


Hit the nail on the head. Non-native speakers galore! Young, dumb and here they come. Who needs to be a University graduate now. Eighteen year olds with acne are on their way out right now.

Just wait for the new job ads. Wanted 18-25 year olds, no degree, no tefl, no experience required. Please enclose a recent photograph.

Sent from my SM-A700FD using Thailand Forum - Thaivisa mobile app
 

 

Aah the good old days are back again, where all you needed was a nice photo and be a native speaker. There used to be jobs galore. It was great. 

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Are you interested to add a couple of questions to your lawyers:
 
1. Does it mean that renewals can also be done on line?
 
2. Does it mean that 2 year work permits will now be possible for many occupations? 
 
Thanks.

Also, has the teacher licence rules changed?
Waivers?
And if you're caught without a work permit and get fined 10,000 baht does that come out of your wages?

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On 7/6/2018 at 10:46 PM, DrTuner said:

Was probably thinking of whipping up some company somewhere in Seychells or other small islands and using that as the excuse, "operating business". Costs a few hundred dollars.

No need just say you are a digital pikey.

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1 hour ago, Davedub said:

AFAIK, a lot of the information on this page is out of date. For example, in June the ministry of labour took carpentry, bricklaying and other construction jobs off the "Thai only" list. The linked article however claims that any jobs within the building industry are prohibited to foreigners. Another example is the emergency decree being discussed here that removes all prison sentences for work permit violations. The linked article lists maximum prison sentences for WP violations. So I would guess that the linked article can be safely ignored on the grounds that it is out of date.

 

 

Yes, you have right - Unfortunately I was a little too quick on this one as I didnt read it all through prior to posting - sorry for that and I do not have the possibility to delete it either….

 

Since the change of rules are New there are not easy to Reach the correct information but by sending a request to [email protected]. you may get the answers to Your question - hope this helps.

 

The situation

The Thai government has implemented a new labor affecting foreign employees and their employers. The key changes are discussed below.

A closer look

  • Work Permit exemption. Foreign nationals who enter Thailand to perform the following activities may no longer need to obtain work authorization once the related regulation is implemented:
    • Organizing, setting up, participating, giving an opinion about, conducting lectures in, training or demonstration in the context of a conference or seminar; or work for artistic, cultural, sports or other purposes as designated by the Department of Labour.
      • Impact.  Once the regulation is in effect, foreign nationals may conduct such activities without a work permit, subject to the conditions applicable to qualify for the exemption. Eligible foreign nationals will be able to work upon arrival in Thailand, and their employers will save costs associated with obtaining a work permit.  
  • Urgent Work Permit (UWP) extension. Once the regulation regarding this rule is implemented, foreign nationals conducting urgent work in Thailand may be allowed extend their stay once in Thailand, for another 15 calendar days, if their work has not been completed in the initial allowable 15-day period.
    • Impact. Once in effect, foreign nationals may be able to stay longer under a UWP, if needed, since they will no longer need to exit the country and reenter to apply for a new UWP. Employers of UWP holders may benefit from reduced travel and immigration-related expenses.  
  • New government notification requirements. Employers and employees will be subject to new government notification requirements immediately for applications filed at the One Stop Service Center.
    • Impact. This requirement puts an additional procedural burden on both the employer and employee. Both should ensure compliance with the rule to avoid fines.  
  • Reduced fines. The government will reduce the steep penalties announced in June 2017, which were subsequently suspended due to public outcry and the mass exit of affected workers. These changes will take effect on July 1, 2018.
    • Impact. Despite this reduction in penalties, employers should continue to ensure compliance with the law and foreign nationals should ensure that their work activities are in line with what was authorized in their Work Permit.  

Further details on the above and other changes and impacts are discussed here.

This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].

Source:

https://www.forum-expat-management.com/users/10520-fragomen/posts/33219-thailand-important-labor-law-changes-forthcoming

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Thanks for that Fragomen doc. So the "operating business" seems to have boiled down to this:

 

Quote

Foreign nationals registered as an authorized person with the Ministry of Commerce for an entity that holds a Foreign Business Operation License of either (a) Branch Office, (b) Representative Office; or (c) Regional Office will be able to sign company documents without needing to obtain a work permit in Thailand. This takes effect immediately.

So it's signing docs for Thai businesses (types of which are in the above quote) that have the foreign license. Nothing to do with overseas companies, digital nomads, etc.

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8 minutes ago, Davedub said:

@ttrdThanks for posting that. The most significant takeaway from the article you have linked to is the phrase:

 

"Once the regulation is in effect"

 

I wonder how long that will take, or if it's already in effect?

 

 

Its said to be in effect from 01.07.2018 and to get spesific and accurate info send an request to:  [email protected]

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Reduced fines. The government will reduce the steep penalties announced in June 2017, which were subsequently suspended due to public outcry and the mass exit of affected workers. These changes will take effect on July 1, 2018.

Public outcry? Mass exodus?

Surely this has more to do with migrant workers than foreigners working in Thailand. 

 

The government must know already that most foreign teachers paid around 30-40K aren't on a work permit. As for the jail time bit, never heard of anyone being put in jail for working without a work permit. The only clampdown I've seen this year is Big Jokes hunt for Nigerians which isn't anything new either.

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6 minutes ago, tukkytuktuk said:

Public outcry? Mass exodus?

Surely this has more to do with migrant workers than foreigners working in Thailand. 

 

The government must know already that most foreign teachers paid around 30-40K aren't on a work permit. As for the jail time bit, never heard of anyone being put in jail for working without a work permit. The only clampdown I've seen this year is Big Jokes hunt for Nigerians which isn't anything new either.

RE - As for the jail time bit, never heard of anyone being put in jail for working without a work permit.

 

Exactly as the Law have never been enforced how it should as a result of possible corruption by immigration officials something the New changes may minimize...

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On 7/12/2018 at 5:18 PM, Davedub said:

I have downloaded and opened it. Weirdly, it tries to print itself on opening. I googled that, and it seems that's a common problem with some pdf files, so I cancelled the print dialog and opened it. It does seem to be the emergency Decree in question.

 

I have sent copies to both my lawyer in BKK and a contact I have at the BOI. I have not had any replies yet, but will post any pertinent info I get back here.

Good day Dave

 

Thanks for that update. You are braver than I, was not ready to open in case it was some malicious file.

 

Appreaciate any updates once you get them.

 

Have a great day

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  • 3 months later...
On 7/7/2018 at 8:51 PM, Davedub said:

This could be seriously good news for both professional expats and Thailand as a whole. Having received BOI approval earlier this year, the biggest remaining headache is the visa situation - my SMART Visa application was a nightmarish paper production frenzy that led to a very expensive refusal just last month.

 

Hi, could you explain a bit about the SMART Visa application process?  I've been reading about the program itself, but haven't found anyone with practical experience who's received a SMART Visa, nor even tried to apply for one.  What was required to apply?  What made it nightmarish? Thank you in advance for any insight. 

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