Current work permit regulations - please help

[ChiTownHustla]

Hello,

 

I've seen several articles stating that work permit holders are now allowed to engage in any work, even work not stated directly on the work permit, as long as its not one of the "Thai National only" job categories. I cannot find the official document on any government website. I'm referring to specifically,

 

Section 37 of Decree No. 2 repealed Sections 70, 71, 72 and 73 of Decree No. 1. Furthermore, Section 28 of Decree No. 2 provides that a work permit holder may engage in any work that is not specifically prohibited to all foreigners on the “Official List” of work prohibited to foreigners. The Official List outlines, the limited number of activities for which a foreigner cannot obtain work permission for in any case. 

 

If anyone can provide me a link to this document or official claim from a government website, it would be greatly appreciated.

 

I've now heard different advice from multiple sources. Some saying this new regulation is already in effect, and others saying it is not yet. If anyone can show definitive proof, one way or the other, it would help a lot.

 

Thank you in advance ????

[Krabi King]

This is the official Royal decree. It is in Thai though... As far as I know is what you mentioned before correct. There is no job exact job description anymore.

Royal Decree on Managing the Work of Foreigners (No. 2) B.E. 2561 (2018) – th.pdf

[ChiTownHustla]

Thanks for your reply. I've also seen this document translated into English, which totally supports what we're talking about. However, Its not nearly as clear or cut n dry when I've asked Thai people to read the Thai version, the same one you've linked to. I wonder what is involved in legally proving this?

[jackdd]

ภายใต้บังคับแห่งกฎหมาย  ผู้รับอนุญาตให้ทํางานตามวรรคหนึ่งมีสิทธิทํางานที่มิได้มีประกาศ ห้ามคนต่างด้าวทําตามมาตรา  ๗  วรรคหนึ่งได้ทุกชนิด

Imho this says that a foreigner who has a work permit according to section 1 is allowed to do any kind of work (if this type of work is not forbidden for foreigners, as listed under section 7)

So unless there are limitations hidden anywhere else this means that what you said in your first post is true.

 

But you should keep in mind that this most likely does not exempt the business where you work from their obligations (minimum amount of Thai workers and registered capital for foreign employees), so just because you have a work permit you can not suddenly start working at your GF's restaurant (unless she has 4 Thai workers and 2 million THB registered capital)

[ChiTownHustla]

On 1/23/2019 at 5:10 AM, jackdd said:

 

 

Imho this says that a foreigner who has a work permit according to section 1 is allowed to do any kind of work (if this type of work is not forbidden for foreigners, as listed under section 7)

So unless there are limitations hidden anywhere else this means that what you said in your first post is true.

 

But you should keep in mind that this most likely does not exempt the business where you work from their obligations (minimum amount of Thai workers and registered capital for foreign employees), so just because you have a work permit you can not suddenly start working at your GF's restaurant (unless she has 4 Thai workers and 2 million THB registered capital)

 

Thanks for your reply. I understand and agree with your later points.

Edited January 23, 2019 by ChiTownHustla
misclick

[overherebc]

1 hour ago, ChiTownHustla said:

 

Thanks for your reply. I understand and agree with your later points.

The latest changes to wp rules were made to allow a wp holder to work in another area for the same employer who has another office or factory in that area. It means the employer who gets the worker the initial wp does not have to go through all the system of getting the wp endorsed in the second area.

As pointed out by others it definitely doesn't mean the employee can go around working for anyone or doing anything because he/she has a wp.  

[ChiTownHustla]

21 hours ago, overherebc said:

As pointed out by others it definitely doesn't mean the employee can go around working for anyone or doing anything because he/she has a wp.  

 unfortunately, this is exactly how it sounds (to most) after reading several of the articles that have been written/published/shared about the amendments