What exactly happens to farangs who are caught working without permit?

[ricku]

Working without a work permit is illegal, yes. But exactly what happens, once you are "caught" working without a permit?

Is it straight to the monkey house and get locked up?
Is it just a fine?
Fined and kicked out from Thailand?
Fined, jailed, and then kicked out from Thailand?

Just curious, as I've heard so many different stories.

[A1Str8]

Depends on the immigration officer who finds out. They have no interest in enforcing the law. 

It's all about the money. So always have it. But since people who have a job don't have money otherwise they wouldn't work, don't do it. 

[elviajero]

It could be any of the options you list. Depends on what work they are doing and whether or not it gets to court.

 

 

[prakhonchai nick]

My son was found working without a work permit 15 years ago. Incarcerated in the immigration jail for 3 days before being able to buy a ticket to return home. Small fine , deportation and black-listed.

[Anthony Loh]

If you still have the intention to long stay or coming back to Thailand, nevertheless work in Thailand without the work permit as ending out, you maybe get banned for long time. 

<removed> you need the money, unless you know some local company that can help you with the work permit or you can run your own company with the WP.

[chicowoodduck]

My Aussie mate got caught....straight to the monkey house, huge fine and had his Thai wife wiggle the amount down to 15,000 baht and a get out of jail pass....it was all about the tea money....????

[Khun Robert]

It all depends on the officers and their instructions.

I have seen and heard a warning to an employer: We know he works without work permit, next time we will make an arrest. Don't employ him anymore.

Other times: People went straight to jail, went to court, paid the fines and went back to their Thai homes.

Or people went straight to jail, went to court, paid the fines, got arrested again by Immigration for working on tourist visa, back into jail and deported.

And a fine is offered at the crime scene, when paid directly to the officer all is good.

[CharlieH]

Please do not make or offer ILLEGAL suggestions/ solutions, or this will be closed.

 

 

[steven100]

you would be fined ,  short stay at the Hilton then deported. 

[ubonjoe]

This what the Working Alien Act of 2008 says. 

 

Quote

Section 51. An alien who engages in work without having the
permit shall be liable to imprisonment for a term of not exceeding five years or to a
fine from two thousand Baht to one hundred thousand Baht or to both.
In the case where the accused under paragraph one wilfully departs the
Kingdom within the period specified by the inquiry official, but not more than thirty
days, the inquiry official may settle the case and causes that alien to depart the
Kingdom.

 

[USPatriot]

Pay a fine go to jail get deported

[ubonjoe]

Some additional post have been removed for various reasons. No further notice will be given when post are removed.

[Anthony Loh]

1 hour ago, Khun Robert said:

It all depends on the officers and their instructions.

I have seen and heard a warning to an employer: We know he works without work permit, next time we will make an arrest. Don't employ him anymore.

Other times: People went straight to jail, went to court, paid the fines and went back to their Thai homes.

Or people went straight to jail, went to court, paid the fines, got arrested again by Immigration for working on tourist visa, back into jail and deported.

And a fine is offered at the crime scene, when paid directly to the officer all is good.

I believed that it must be the local employer who get the warning, if is a foreign employer 100% fined.

 

About ten over years ago, I was helping my wife in her shop by just talking to a foreigner who wanted to buy something ( I was working in oversea and just come back for 14 days to visit my family). Two immigration officials came into and caught me. We are so lucky that the IO just spoken to my wife in Thai that I can't help her in the shop and only can helping her to take care our little baby in the shop when she doing business ( without any other request). There are some good and helpful immigration officer around us and not all are bad guys. That's why, till today, we have become a very good friend in our village.

[ricku]

Thanks for all the information.

[Preacher]

Working without a work permit is dealt with by the alien labour act. But often other laws are also violated. Something that the police, immigration and the labour office seems to forget. Maybe this post will help to remind them.

For example teaching without a work permit will also mean that the person doesn't have a teaching license. Teaching without a teaching license at schools that by law require a teaching license is a separate offense that carries a jail term of maximum of 1 year and or 20 thousand baht fine. The employer is also liable.

Other professions also require licenses, such as doctors, and have their own separate punishments.

 

[crickets]

The employeer is usually hit up for the money.

[williamgeorgeallen]

23 minutes ago, crickets said:

The employeer is usually hit up for the money.

i have never heard of an employer being hit up for money for ther employee not having a work permit. i worked for a large franchise in thailand for 10 years. i got caught working with the wrong address on my work permit. i tried for over a year to get the correct address put on it but they made it impossible. when caught i was taken to the police station and paid a 50 000thb bail. it took 2 years to get to court where i was fined 9000thb for working without a work permit. i had my work permit with me but my lawyer snatched it off me in fear i would show it in the court. she explained it would be cheaper to admit guilt and pay the fine and upset the court. all up it cost 80 000thb in expenses, mostly for the cop holding my passport. i did get my bail back. out of the dozens of work permit problems experienced by people working for the company i  with they said i was the only one to ever go to court. all others just paid on the spot fines between 5000 than 20000thb.

[Elkski]

Everywhere you look. Corruption- tea money.   Thailand is just disgusting.   

[chrisinth]

3 hours ago, Preacher said:

Working without a work permit is dealt with by the alien labour act. But often other laws are also violated. Something that the police, immigration and the labour office seems to forget. Maybe this post will help to remind them.

For example teaching without a work permit will also mean that the person doesn't have a teaching license. Teaching without a teaching license at schools that by law require a teaching license is a separate offense that carries a jail term of maximum of 1 year and or 20 thousand baht fine. The employer is also liable.

Other professions also require licenses, such as doctors, and have their own separate punishments.

 

 

Your example isn't necessarily true. Even with a teaching license, they could be employed by a school/college/university that don't apply for a work permit for the individual.

 

IMO, as has always been the case, the individual is in most cases wrong as they should know the requirements for the work permit, but the employer should take the brunt of the responsibility as they surely know they are breaking the laws of their own country.

 

Edit: I might be wrong if teaching licenses are issued by individual schools/colleges/universities and not on the certification of the individual. But I still hold true to the second part..............:) 

[chrisinth]

I have never understood why in 95% of cases that it is (imagined or not) that Immigration and not the Labor officials are responsible for arrests/detentions.

 

Understood that the caught individual would be outside the conditions of their permission to stay whether it be visa/visa exemption or extension, but the main crime would be about working without a permit surely?

[ratcatcher]

2 hours ago, Elkski said:

Everywhere you look. Corruption- tea money.   Thailand is just disgusting.   

Yes, it really is so "disgusting", that thousands of farangs spend time and money jumping through hoops and filling out forms just for the privilege of stying long time in this 'disgusting" place. Seems rather odd to me.

[Rhys]

Do we have that link again to what work for a farang requires a WP?

 

For example, speaking at a conference, does this need a work permit?

 

[CharlieH]

You mean this one, occupation list.

 

http://www.mol.go.th/en/content/page/6347

[Rhys]

5 minutes ago, CharlieH said:

You mean this one, occupation list.

 

http://www.mol.go.th/en/content/page/6347

 

 

Thanks... but it appears not the one, I thought it would be in relation to the example I gave about  being a guest speaker at a conference....Cheers mate for the QR.

[BritTim]

1 hour ago, Rhys said:

Do we have that link again to what work for a farang requires a WP?

 

For example, speaking at a conference, does this need a work permit?

There are special rules for certain meetings, investment, conferences and seminars. I cannot find a really good link right now, but the rules were last updated in late 2014, as I recall. You can get the gist of what requires work permits for these, and what does not, from this source: http://www.thaiembassy.org/helsinki/en/customize/28150-ConferenceBusiness-meetingSeminar.html. I think a speaker, at a minimum, would be required to have a WP10 Notification submitted as a visiting expert.

[ericthai]

20 hours ago, A1Str8 said:

Depends on the immigration officer who finds out. They have no interest in enforcing the law. 

It's all about the money. So always have it. But since people who have a job don't have money otherwise they wouldn't work, don't do it. 

It's not always about money. I know a guy that got caught working without a work permit. He tried to buy is way out and no can do. He went jail and held there until his court date. He was fined I think he said 3000B and then deported. Dont know if he was blacklisted. 

[wobalt]

There are special rules for certain meetings, investment, conferences and seminars. I cannot find a really good link right now, but the rules were last updated in late 2014, as I recall. You can get the gist of what requires work permits for these, and what does not, from this source: http://www.thaiembassy.org/helsinki/en/customize/28150-ConferenceBusiness-meetingSeminar.html. I think a speaker, at a minimum, would be required to have a WP10 Notification submitted as a visiting expert.

An invitation letter from the organizer stating your expert status is enough for that purpose

[ubonjoe]

Several off topic posts have been removed that were taking this topic further off the rails have been removed.

[brewsterbudgen]

Everywhere you look. Corruption- tea money.   Thailand is just disgusting.   

Yes, like much of Asia. Thailand is certainly not for everyone.

[blackcab]

14 hours ago, Rhys said:

Do we have that link again to what work for a farang requires a WP?

 

For example, speaking at a conference, does this need a work permit?

 

 

Based on the opinion of the Council of State, the DOE issued the Notification in March 2015, specifying the following activities not considered as ‘work’ under the Act:
1. Attendance at meetings, discussions or seminars.
2. Attendance at exhibitions or trade exhibitions.
3. Visits to observe businesses or to meet for business dialogues.
4. Attendance at special lectures and academic lectures.
5. Attendance at technical training and seminars.
6. Purchasing of goods in trade exhibitions.
7. Attendance at board of directors meetings of one’s company.