Section 21. The Board shall have the power to appoint its subcommittee so as to consider or perform any act as entrusted by the Board. Section 32. 322, dated 13th December B.E. Any holder of permit who fails to comply with section 14 or section 19 shall be liable to a fine not exceeding five hundredBaht. In this Act, "alien" means a natural person who is not of Thai nationality; "work" means engaging in work by exerting energy or using knowledge whether or not in consideration of wages or other benefit; "permit" means a work permit; "holder of permit" means an alien who has been granted a permit; www.ThaiLaws.com2 2521 as amended by the Working of Alien Act (No. Jobs Foreigners Are Not Allowed to Do In Thailand: Handicrafts, Retail 2521 (1978) Who is Covered by the Employment Act? Council No. In order to assist the inquiry official in conducting an inquiry, the. In granting a permit to alien under section 7 and section 8, the Director-General or official entrusted by the Director-General may prescribe any condition therein for the alien to comply therewith. The return of deducted salary and interest thereof under this section may be made in cash or cheque specifying the name of the employee or by transferring that money to the account of the employee in accordance with the rules as prescribed by the Director-General. In the case members are appointed during the term of members already appointed, notwithstanding it is a new or additional appointment, the appointees shall hold office only for the remaining terms of the members already appointed. Country: Thailand: Subject(s): Migrant workers: Type of legislation: Law, Act: Adopted on: 2017-06-17: . Alien or Foreign Employment, working Act | Thai Law - samuiforsale Ministerial Regulation (No. Thailand - Ministerial Regulations issued under the provisions of the There is no requirement in Thailand for a contract of employment to be in writing. In the case where the money remitted to the Fund of the employee to be repatriated has not yet completed, the Fund shall provide only for the deficient. Foreign investment in most service sectors is limited to 49 percent ownership. Thai Lawyers All Rights Reserved. The followings shall be repealed: (2) Working of Alien Act (No. Section 49. The holder of permit who desires to change or add category or nature of work, employer, working area or work place or conditions shall be permitted by the registrar. 2542 (1999), there was an Alien Business Act of 1972, ratified by a military junta. If the permit is lost or damaged, a holder of permit shall apply for its substitution to the registrar within fifteen days as from the date that loss or damage has known to him. The Fund shall consist of the following money and properties: (1) surcharge under section 8 paragraph three; (2) money to be remitted to the Fund by the employer under section 15. In the performance of duties under this Act, the Director-General, the registrar and the competent official shall be the competent official under the Penal Code. Section 22. Section 27. The decision of the meeting shall be made by majority of votes. The Thai labour law - Ajarn When the employer remits deducted salary of any employee to the Fund, the registrar shall issue the receipt to the employer. This Act shall come into force as :from the day following . The Department of Employment shall make and maintain the accounting of the Fund in accordance with the accounting system of the Ministry of Finance. A decision shall be made by a majority of votes. The prescribed amount and rate may be different for the employees of different nationalities with due regard to the cost of repatriation of the employee of each nationality. In performing the duties under this Act, the Director-General or official entrusted by the Director-General, Registrar orcompetent official shall be an official under the Criminal Code. 2520 (1977). The auditor shall report the result of the audit to the Board for further submission to the Council of Ministers within one hundred and twenty days as from the ending date of the accounting year, and the Department of Employment shall publicise the financial statement as audited by the auditor within fifteen days as from the date the acknowledgement of the Council of Ministers has been given thereto. Any person who employs an alien, or transfers an alien to work in a locality other than that which is specified in the permit, or has an alien resigning from his employment, shall notify the Registrar within fifteen days from the date of employment, transfer or resignation. 2551 ("Alien Workers Act") and the Royal Ordinance on Bringing Alien Workers to Work with an Employer in the Kingdom of Thailand, B.E. Section 14. Permits are generally granted and renewed on a yearly basis, but their duration depend on the length of the visa issued. Section 44. Database of national labour, social security and related human rights legislation. Any alien who is working in violation of the Royal Decree issued under section 6 shall be liable to imprisonment for a term not exceeding five years or to a fine from two thousand Baht to one hundred thousand Baht or to both. Announcement No. 322 of 1972 of the Revolutionary Party concerning the employment of aliens. The alien having place of residence in, and being of nationality of, the country having common boundary with Thailand who enters into the Kingdom with travel document under the law on immigration may be permitted to engage in specific categories of works or in works with specific nature in the Kingdom temporarily through the specified period or season within the area which is adjacent to boundary or the area which is contiguous therewith. In the case where the money of the Fund is inadequate for the expenses under paragraph one, the Government shall from time to time pay subsidy to the Fund as necessary. 2521 as well as the Alien Working Act, (No. The Foreign Business Act (FBA) governs most investment activity by non-Thai nationals. Royal Decree (No. Foreign employment working of aliens act | Translations | Laws in Thailand Employment Law working in Thailand To be able to legally work in Thailand the foreigner must have a valid non-immigrant visa and a work permit issued in his name allowing him to perform a specific job at a specific location for a specific company in Thailand. Section 20. This Act is called the "Working of Alien Act, B.E. This Act shall come into force as from the day following the date of its publication in the Government Gazette.1. The provisions of paragraph one shall not apply to the working of aliens under section 12. An alien who desires to engage in the work under paragraph one shall submit the application, together with travel document, for temporary work permit to the registrar and shall pay fee in the amount as prescribed by the Ministerial Regulation. A holder of permit who engages in work in violation of the conditions determined under section 9, section 13, section 14 or section 26 shall be liable to a fine of not exceeding twenty thousand Baht. Pending the issue of permit, the applicant shall be allowed to engage in such work. The registrar shall, after receiving the notification under paragraph one, issue the permit to that alien within seven days as from the date of receiving of such notification. Foreigners working in contravention of the Act may be imprisoned. Section 34. 2554). In the issuance of such Ministerial Regulation, regard shall be had to national security, occupation opportunity of Thais and demand for alien labour as necessary for the development of the country. After the Minister has issued a Notification under section 12, in the case the work which an alien is engaging is permitted under the Notification of the Minister, such alien may continue in such work but must apply for a permit within ninety days from the date the Notification of the Minister comes into force. In this case, the provisions of section 81, section 81/1, section 82, section 83, section 84, section 85 and section 86 of the Criminal Procedure Code shall apply to the arrest under this section mutatis mutandis. Section 16. The Board may appoint not more than two officials of the Department of Employment to be assistant secretaries. ", Section 2. On 23 June 2017, a new Royal Decree on Managing the Work of Aliens B.E. The Committee shall have the powers and duties as follows: (1) to propose policy on working of alien to the Council of Ministers; (2) to give recommendation to the Council of Ministers or the Minister in the issuance of the Royal Decrees, Ministerial Regulations, Regulations and Notifications under this Act; (3) to monitor, oversee and cooperate an implementation of the agencies concerned with the working of alien according to the policy on working of alien laid down by the Council of Ministers; (4) to supervise an implementation of the Department of Employment under this Act to be in accordance with the policy on working of alien laid down by the Council of Ministers; (5) to perform any other duties as entrusted by the Council of Ministers or Minister. Section 23. The offenses under this Act other than the offense under section 51 may be settled by the Settlement Committee as appointed by the Minister. Section 60. The amount of money to be remitted to the Fund, the deduction of salary and the remittance of the deducted money to the Fund under paragraph one shall be in accordance with the rules, procedure, period and rate as specified by the Ministerial Regulation. An alien under section 12 who is engaging in any work on the date this Act comes into force may continue in such work until there is a Notification of the Minister under section 12. Section 42. On March 5, 2017, Thailand's Labour Department released "The Announcement of the Employment Department - Subject: Acts not Counting as Works under the Work of Aliens Act B. E. 2551 (2008). A full service law firm with . Section 19. The notice under paragraph one shall be in the form prescribed by the Director-General. The registrar and competent official shall have identification card made in the form as specified by the Minister by publishing in the Government Gazette. Ministerial Regulations issued under the provisions of the Alien Employment Act (B.E. WORKING OF ALIEN ACT Unofficial translation. Under Thai Law foreigners are prohibited to engage in any of the following occupations. Section 14. Subject to section 10, an alien may engage in any work which is not prohibited by the Royal Decree issued under section 6 only upon receipt of a permit from the Director-General or official entrusted by the Director-General except an alien who is permitted to enter the Kingdom for temporary stay under the law on immigration in order to engage in the work which is of necessity and urgency for period not longer than fifteen days, but such alien may engage in the work after he has notified the Director-General or official entrusted by the Director-General in writing in the forms prescribed by the Director-General. The provisions on the committee having duty to conduct administrative procedure under the law on administrative procedure shall apply to the appointment and the meeting of the sub-committee of the Board mutatis mutandis. "alien" means a natural person who is not of Thai nationality;"work" means engaging in work by exerting energy or using knowledge whether or not in consideration of wages or other benefit;"permit" means a work permit;"holder of permit" means an alien who has been granted a permit;"Committee" means the Committee Considering Working of Aliens;"competent official" means person appointed by the Minister for the execution of this Act;"Registrar" means person appointed by the Minister as Registrar of working of aliens;"Director-General" means the Director-General of the Labour Department;"Minister" means the Minister having charge and control of the execution of this Act. This translation has been made . In the case a holder of permit which is issued under section 10 has received extension of working period under such laws, the holder thereof shall notify the Registrar within thirty days from the date of receiving extension and the Registrar shall record such extension in the permit. Section 9. 2521, as amended. How to apply for a work permit in Thailand - Airswift Council of Ministers and published in the Government Gazette. The Committee has the power to appoint a sub- committee to carry out any activity or consider any matter within the scope of duty of the Committee. It cancels and replaces the two main . 2), B.E. Section 11. (4) Permission to change or add category of work, employer, working area or work place or working conditions as permitted each time 5,000 Baht, (5) Levy for hiring of alien other than skilled worker or expert per person 10,000 Baht, (6) Submission of an application each 1,000 Baht. The Settlement Committee as appointed by the Minister under paragraph one shall consist of three members whereby one of which shall be the inquiry official under the Criminal Procedure Code. "Alien" means a natural person who is not of Thai nationality; "Work" means engaging in work by exerting energy or using knowledge whether or not in consideration of wages or other benefits; "Permit" means a work permit; "Holder of permit" means an alien who has been granted a permit; Thailand: New Law on Foreign Employees and Migrant Workers The determination, result of consideration and regulations under this section shall be published in the Government Gazette. Foreign Business Act, B.E. 2542 - Wikipedia Thailand Law Library is managed by Siam Legal International. Section 55. Contact The Alien Working Act 2008 . In addition to that, the Alien Employment Act of 1978 includes an extensive list of jobs you cannot perform or hire for as they are restricted to Thai nationals only. If you are a foreign citizen and you want to work and live in the country, you have to comply with the Alien Employment Act of Thailand, which states that you must have a work permit . 85-94. 2551. To be able to legally work in Thailand the foreigner must have a valid non-immigrant visa and a work permit issued in his name allowing him to perform a specific job at a specific location for a specific company in Thailand. Committee Considering Appeal on Working of Alien. Section 24. Section 21. Ministerial Regulation stipulating Prohibitions Preventing an Alien from Applying for a Work Permit (B.E. The granting of work permits is discretionary, but foreigners working under the Investment Promotion Act are immediately granted a permit. Ministerial Regulation of 1979 issued under the Alien Work Permit Act 1978. Royal Decree of 1979 exempting aliens who perform certain duties or missions in the Kingdom from being subject to the Alien Work Permit Act of 1978. 2515 shall be repealed. Any person who fails to comply with a written inquiry or summons or refuses to provide facts or furnish document or evidence, or obstructs or fails to render facilities to the Director-General or official entrusted by the Director-General, or the Registrar or competent official in the performance of their duties under section 30 shall be liable to a fine not exceeding three thousand Baht. In such case, the applicant for renewal of the permit may continue working until the Registrar issues an order refusing the renewal of the permit.Each renewal of permit shall be valid for one year, except. must also be attached. The Director-General of the Department of Employment, Mr. . 3 of 1984) issued under the Alien Work Permit Act 1978. 2544). Upon receipt of application, the Director-General or official entrusted by the Director-General shall issue a permit without delay. Reference to Thai legislation in any jurisdiction shall be made to the Thai version only. money shall be terminated and that money shall devolve on the Fund. Section 23. Subject to section 12, any work which an alien is prohibited to engage in any locality and at any particular time and whethersubject to absolute or conditional prohibition, and to any extent shall be prescribed by the Royal Decree. No person shall engage an alien to work for him other than the holder of permit and in the work of the category or nature and at the working area or work place as specified in the permit.

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