Employment of Foreigners. Part 2

As discussed in the previous article, a foreigner must obtain a work permit in order to perform any work in Thailand—whether paid or unpaid, permanent or temporary.

Urgent (Temporary) Work Permit

An urgent work permit is issued to foreign experts or consultants to carry out a specific task for a period of no more than 15 days. This permit cannot be extended, and a new one can only be obtained 45 days after the previous permit has expired.

The urgent work permit is issued within one day after the foreigner arrives in Thailand, provided they hold any visa except a tourist visa. The applicant must also justify the urgency of the work.

Examples of urgent work include organizing conferences and training sessions, delivering lectures, inspecting product quality, repairing or installing equipment, testing equipment, and similar activities.

According to clarifications from the Thai Department of Labor, the following activities do not require an urgent work permit and are not considered employment:

Attending meetings and seminars
Visiting exhibitions or trade fairs
Attending business meetings
Attending special or academic lectures
Attending lectures as part of technical training and seminars
Purchasing goods at trade fairs
Attending shareholders’ or directors’ meetings

For these activities, it is permitted to enter Thailand on a tourist visa or a 30-day entry stamp. Any activities beyond this scope require a different type of visa and a work permit obtained in Thailand.

Penalties for Violations

Penalties for violations of foreign employment laws have become more severe since June of this year.

Foreigners may face the following penalties:

Performing work different from that specified in the work permit: fine from 20,000 to 100,000 Baht
Performing temporary work without obtaining an urgent work permit: fine from 20,000 to 100,000 Baht

Employers may face the following penalties:

Employing a foreigner without a work permit: fine from 400,000 to 800,000 Baht
Employing a foreigner for work not specified in the work permit: fine up to 400,000 Baht

It should also be noted that confiscation of a foreign employee’s work permit or other identification documents is a criminal offense and may result in imprisonment for up to 6 months and/or a fine of up to 100,000 Baht.