Employment of Foreigners in Thailand

Let’s be honest—Thailand is not the easiest country for employing foreigners from a legal standpoint. Not every company can afford the “luxury” of hiring a foreign employee. In addition to restrictions on professions, workplace location, and minimum salary requirements, there are several conditions that must be met in order to legally employ a foreigner. However, despite these challenges, the number of foreign workers in Thailand continues to grow.

Key Points

“Work” is defined as the use of physical effort or knowledge to perform professional activities, with or without remuneration (according to the Foreign Employment Act).
A foreigner may act as a company director and sign documents without a work permit, provided they are not actually managing the company.
A foreigner can only work after obtaining a Non-Immigrant B (Non-B) visa and a work permit. Submitting documents and waiting for approval does not grant the right to work.
Work is allowed only within the position specified in the work permit and at the employer’s registered office (this requirement was отменено by the Government Decree dated March 24, 2018).
Any changes to position, workplace address, or employer must be reflected in the work permit (also отменено by the same Decree).

General Information

There are 39 professions in Thailand that are completely prohibited for foreigners. These include manual labor, jobs related to Thai culture, occupations requiring specific local expertise, and others reserved exclusively for Thai nationals.

For example, a foreigner cannot work as a sales agent but may act as a company director managing Thai sales staff. Therefore, positions listed in work permits are typically “Director,” “Manager,” or “Teacher.”

Minimum Salary Requirements

Minimum salary depends on nationality:

50,000 Baht — Europeans, Americans, Japanese
45,000 Baht — Singaporeans, Koreans
35,000 Baht — Russians, Ukrainians, Belarusians
25,000 Baht — Citizens of Cambodia, Myanmar, Laos, Vietnam

Capital Requirements

2 million Baht per foreign employee — for Thai companies
3 million Baht — for foreign legal entities

Additionally, companies must employ 4 Thai employees per foreign worker.
Exception: foreigners married to Thai nationals require only half the capital and 2 Thai employees.

These requirements do not apply to companies promoted by the Board of Investment (BOI).

Foreigners may work for multiple companies. All employers must be listed in the work permit and comply with the above requirements (as per the Government Decree dated March 24, 2018).

Non-Immigrant B Visa

To apply for a work permit, a foreigner must first obtain a Non-B visa. This involves submitting a WP3 application and receiving an approval letter from the Department of Labor. This letter is valid for 1 month, during which the visa must be obtained and the work permit application submitted.

The Non-B visa is issued by a consulate for 3 months and can be extended in Thailand only after obtaining a work permit. The extension is done in two stages:

first for 1 month (document verification),
then for 11 months.

Changing Employer

There are two options:

Cancel the work permit and visa, then reapply with a new employer
Add the new employer to the existing work permit and later remove the previous one

In the second case, a new work permit is not required, but the visa must be updated with the Immigration Office.

Canceling a work permit automatically cancels the Non-B visa.

Urgent (Temporary) Work Permit

An urgent work permit is issued to foreign experts or consultants for a specific task for up to 15 days. It cannot be extended, and a new one can only be obtained 45 days after the previous one expires.

It is issued within one day after arrival in Thailand, provided the foreigner holds a non-tourist visa and can justify the urgency.

Examples include organizing conferences, conducting training sessions or lectures, inspecting goods, installing or repairing equipment, and testing machinery.

The following activities do not require a work permit and are not considered work:

Attending meetings and seminars
Visiting exhibitions or trade fairs
Attending business meetings
Participating in academic or special lectures
Attending lectures during technical training
Purchasing goods at exhibitions
Attending shareholders’ or directors’ meetings

These activities can be carried out on a tourist visa or a 30-day entry stamp. Any activities beyond this scope require a different visa and a work permit.

Penalties for Violations

Penalties have been significantly increased:

For foreigners:

Working outside the scope of the permit — fine from 20,000 to 100,000 Baht
Performing temporary work without a permit — fine from 20,000 to 100,000 Baht

For employers:

Hiring a foreigner without a work permit — fine from 400,000 to 800,000 Baht
Employing a foreigner outside the permitted scope — fine up to 400,000 Baht

Confiscation of a foreign employee’s work permit or identification documents is a criminal offense and may result in up to 6 months imprisonment and/or a fine of up to 100,000 Baht.