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Work permits in Thailand
19/12/2022
Work permits are an essential document for any foreigner working or who intends to work in Thailand. Failure to obtain a valid work permit could result in punishments for the offending foreigner and the company they work for who failed to obtain a work permit.
Continue reading to learn more about work permits and the process for getting one in Thailand.
Key points
- Work permits are a mandatory requirement for any foreigner working for the Thai company or intending to work in Thailand. Without having a work permit, you cannot work legally in Thailand.
- Applicants must apply for the following valid visa type before applying for a work permit:
– Non Immigrant B (for working with a Thai company)
– Non Immigrant IB (for working with a Thai company promoted by Board of Investment)
– Non-Immigrant O (for foreigner who legally married with Thai Spouse) - Employees are only permitted to work for the company in the scope of work specified in their work permit. Starting a new job requires you to cancel the previous work permit in order to apply for a new work permit.
- Employees and employers may be punished if they violate relevant work permit rules/laws.
- Under Thai law, “work” has a very broad definition. The term work covers both physical and mental activities, and payment does not exclusively refer to earning wages and can come in any other form of compensation. Please note that both volunteer and charity work requires a work permit in Thailand.
What companies can sponsor a work permit for foreigners?
Companies who wish to support a work permit for a foreign employee must be able to satisfy the following conditions before being able to hire foreign employees:
- The company must be registered in Thailand
- Registered for VAT
- 4 Thai employees must be employed by the company per foreign employee
- The company must have a minimum paid-up capital of THB 2 million per foreign employee. However, certain exceptions are available for Representative Offices and BOI companies.
- Foreign majority-owned companies, must have a minimum paid-up capital of THB 3 million per foreign employee
How to apply for a work permit in Thailand?
To successfully obtain a work permit from the Ministry of Labour, the applicant must complete the following procedure.
Get a Non-Immigrant B visa.
The first step towards applying for a work permit is for the foreigner to obtain a Non-Immigrant B visa. This visa can be obtained from a Thai embassy or consulate in your home country.
It is possible to apply for a Non-Immigrant B visa at the Immigration Office in Thailand if the foreigner is holding a valid Tourist visa (TR) or visa exemption (with the validity remaining being no less than 15 days). However, this depends on the circumstances of the employer/company and whether they are able to provide the required documents in time or not.
Please note that holders of a Non-Immigrant O (based on marriage to a Thai Spouse) can also apply for a work permit. Holders of this visa do not need to apply for the Non-Imm B visa.
The following documents will be required from the Thai Embassy or Consulate when applying for a Non-Immigrant B visa:
- An invitation letter from the employing company in Thailand signed by the company directors
- A request from the company that the applicant shall be granted a non-immigrant B visa so that the company can apply for a work permit for the applicant
- Company attestation stating that the applicant is upstanding, law-abiding and guarantees that the employee will respect Thai culture and laws
Applicants should apply for the non-immigrant B visa at least 30 days before arriving in Thailand.
Once the non-immigrant visa is issued, the applicant will be allowed to stay in Thailand for 90 days. During these 90 days, the applicant can apply for a year-long extension once the work permit has been granted. This extension can usually be applied when the applicant has 30 days or less on their original entry stamp (this depends on which province the extension application is submitted).
Obtaining the work permit
After obtaining the Non-Imm B visa and arriving in Thailand, the applicant must apply for their work permit. To do so, the applicant must provide the following documents:
- Work permit application form
- Six photographs
- Valid passport, copies of every page which the applicant signs each copy and:
- For non-permanent residents – a non-immigrant visa
- For permanent residents – a certificate of permanent residence
- Copy of education certificates and CV to prove the applicant’s educational qualifications
- Recently issued medical certificate from a recognized hospital in Thailand showing that the applicant does not suffer from prohibited diseases:
- Mental illnesses
- Leprosy
- Tuberculosis
- Drug addiction
- Alcoholism
- Elephantiasis
- Syphilis
- Power of attorney to an agent if the foreigner does not submit the applicant himself
- Signed copy of certificates or licenses (if any)
- Marriage certificate (if married to a Thai national) and:
- Thai spouse’s identification card
- Birth certificate of children
- Household registration
So that you know, the Thai government may need some of the documents listed above to be certified by the embassy and translated into Thai.
The employer is also required to submit some documents to support the application. Employers must provide the following documents:
- Commercial Registration Department certificate stating the name of the Managing Director and Director, its objectives, and registered capital
- The shareholder’s list certified by the Commercial Registration Department
- VAT certificate
- VAT filing
- Withholding tax
- Social security payment filing of past three months showing at least 4 Thai employees
- Map of the company location
Typically, it takes seven business days to issue the work permit.
Renewing a work permit
Work Permits are issued for one year and can be renewed before expiring.
Renewal of a work permit requires the following documents:
- Non-immigrant visa
- Current work permit
- Copy of your passport
- Map of the company location
- Copy of a medical certificate
- Tax certificate showing that you are registered and have paid personal income tax in Thailand
The employer must provide the following:
- Copy of the registration certificate
- Copy of VAT registration
- Copy of the business license (if any)
- Social security payment filing
Work permit restrictions
Once the applicant has received their work permit, they are only permitted to work for the company specified in the work permit.
Should the employee move to another location or branch of the company, they must apply for and obtain a new work permit for that location. Employees will also be required to get a new work permit when they leave a position to work for another company. However, in practice it is possible for a second position to be added to the work permit.
When an employee resigns or has been fired, the employee must return the work permit to the Labour Department within ten days of leaving the company.
Work permit exemptions
While most employees will be required to obtain a work permit, the following groups or not required to do so:
- Members of the diplomatic corps or consular missions
- Representatives of member countries and officials of the United Nations and specialised institutions
- Personal servants from abroad to work for persons listed in (1) and (2)
- Persons who perform duties on missions in Thailand under an agreement between the Thai government and a foreign government or an international organisation
- Persons who enter Thailand to achieve any responsibility or mission for the benefit of education, culture, arts, or sports in Thailand
- Persons are specially permitted to enter and accomplish any task or assignment in Thailand by the Thai government.
Furthermore, foreigners who enter Thailand under the following exceptional situations are not required to obtain a work permit:
- Foreigners who enter Thailand temporarily, for a period not more than 15 days, to perform work of an urgent and essential nature. Foreigners will need to have a written notification signed by the foreigner, endorsed by the employer, and accepted by the Director-General.
- Foreigners entering to work under a BOI-promoted project (Investment Promotion Law) can start working while their work permit application is still pending. The work permit application must be submitted within 30 days after the approval of the BOI.
What are the punishments for failing to get a work permit?
The employee and employer may be subject to the following penalties for violating any work permit rules/laws:
- A foreigner who works without having a work permit shall be liable to imprisonment for a term not exceeding five years or a fine from THB 2,000 to THB 100,000 or both.
- A foreigner who engages in work or at a place other than permitted in the work permit shall be liable to a fine of not exceeding THB 20,000.
- An employer who hires a foreigner without a work permit shall be liable to a fine from THB 10,000 to THB 100,000.
- An employer who engages a foreigner in work or at a place other than permitted in the work permit shall be liable to a fine of not exceeding THB 10,000.
How can Belaws help?
Our team of immigration experts is on hand to help you make your visa applications and renewal as smooth as possible. You can browse our visa and work permit services here if you require assistance concerning staying in Thailand or working in Thailand.
Belaws understands that visas in Thailand can often be confusing, so to get more information, why not talk to one of our experts now?
Please note that this article is for information purposes only and does not constitute legal advice.
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Frequently asked questions
How much is a work permit in Thailand?
Official fees for a Work Permit in Thailand are 3,000 THB.
How long does it take to get work permit Thailand?
Once you have the correct Visa, the work permit process takes about 10 days to complete.
Are foreigners allowed to work in Thailand?
Yes foreigners can work in Thailand but they require the correct visa and a work permit to do so.
Can I change tourist visa to work permit in Thailand?
Yes it is possible but first the applicant will need to change from a tourist visa to a Non-Immigrant B visa. Once they have the Non-Imm B, they can apply for a Work Permit.
How do I get a 1 year visa for Thailand?
One year Visas are usually available for people who are employed by a Thai company, those married to a Thai national and those who hold a retirement Visa.
How can I live and work in Thailand?
In order to live and work in Thailand you need to have received a job offer from a company who can support your work permit application. Alternatively, you can open your own company in Thailand.
What type of visa is work permit?
A Work Permit is not a Visa, it is a seperate document which allows the holder to legally work in Thailand. In order to get a work permit, holders are required to obtian the relevant visa, in most cases a Non-Immigrant B visa.
How long does a work permit take to process?
Approximately 10 days
How can I get permanent residence in Thailand?
For those wishing to seek permanent residency, they must satisfy one of the following options.
- You have held a Thailand Work Visa and Work Permit for at least three years, and:
- You have an Extension of Stay based on Employment at the time of application
- You have worked at your current company for at least one year at the time of application
- You had a monthly salary of at least 80,000 Baht for two consecutive years or you filed a tax return for an annual income of at least 100,000 Baht for two consecutive years
- You have invested at least 3 Million Baht in a limited or public company in Thailand
- Family: You are a close family member of a Thai citizen (parent, child or spouse)
- Expert: You have at least a BA Degree and are employed in a position in which you have to work in for at least three consecutive years.
How can I stay in Thailand for a year?
One year Visas are usually available for people who are employed by a Thai company, those married to a Thai national and those who hold a retirement Visa.
Can foreigners become Thai citizens?
Yes, it is possible for foreigners to be able to take Thai citizenship, however, there are strict guidelines and requirements which must be satisfied.
How long can foreigners live in Thailand?
This depends on which Visa the foreigner holds. Holders of Non-Immigrant Visas based on Work, Marriage or Retirement can apply for yearly extensions of stay which can be an unlimitied amount of times (as long as they still meet the application requirements). There are also Visas which allow longer periods of stay such as the Thailand Elite Visa as well.
How much money do I need to move to Thailand?
The answer to this will depend entirely on your lifestyle, where you choose to live and your expectations.
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