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Offline thaiga

Working without a work permit now possible
« on: July 06, 2018, 03:13:13 PM »
Working without a work permit now possible

The general rule is that someone who is not a Thai citizen must obtain a work permit if he or she wants to work in Thailand. Recently, however, Thailand has made a few significant exceptions to this general rule, as well as, some other notable changes to the foreign work permission regimen.

thephuketnews.com

Legally working WITHOUT a work permit?

duensingkippen.com
Anyone who goes to a psychiatrist should have his head examined.
 
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Offline Newsy

Re: Working without a work permit now possible
« Reply #1 on: August 30, 2018, 10:41:30 AM »
source.link.auto.thephuketnews.com

Phuket Law: Royal Decree blows work permits wide open

Last month in part one on our series on Thailand’s new foreign labour law we explained that the new law allows foreigners to work without a work permit in some limited but significant circumstances

Also noted in our first report was how the very definition of work had been revised and that applications for work permits can now be made electronically from within and from outside Thailand. (See story here.)

What most people have failed to notice so far is that the new law is also very good news for foreigners who are still required to obtain a work permit.

Previously, foreigners who needed to obtain a work permit in order to work were prohibited from doing any work, for any employer, anywhere, and under any such conditions if such were not detailed and, therefore, permitted in the work permit itself.

That is no longer the case.

Until last year Thailand regulated foreign work permissions under the Alien Workers Act (2008) (the “Act”).

In 2017 the Emergency Decree on Non-Thais’ Working Management Emergency Decree, (2017) (“Decree No. 1”) repealed the Alien Workers Act (2008).

Decree No. 1, however, incorporated much of the repealed Act’s provisions and kept in force most of the regulations issued under it.

Then, on 27 March 2018, the Emergency Decree on Non-Thais’ Working Management (No.2) (2018) (“Decree No. 2”) was issued. Decree No. 2 amended Decree No. 1.

Section 70 of Decree No. 1 (and the Act) provided that “a person who is granted permission for working may not carry out the work of the type, with the employer, in a locality or on any working condition that is different from that specified in their work permit unless permission under Section 71 is obtained.”

Section 71 of Decree No. 1 (and the Act) provided that “a person who is granted permission for working, and who intends to change or add the following particulars, must obtain permission from the Registrar: (1) type of work (2) employer (3) location or (4) working conditions.”

And Section 73 of Decree No. 1 (and the Act) provided that “no person may allow a foreigner to work in a manner different from the requirements specified in the work permit.”

However, and very significantly, Section 37 of Decree No. 2 repealed Sections 70, 71, and 73 of Decree No. 1.

Furthermore, Section 28 of Decree No. 2 provides that a work permit holder may engage in any work that is not specifically prohibited to all foreigners on the “Official List” of work prohibited to foreigners.

The Official List outlines, the limited number of activities for which a foreigner cannot obtain work permission for in any case. (The current Official List is the same as was last issued under the Act. However, the Official List has been revised and we will detail such in part three of this series.)

As a consequence, any foreigner who has a work permit in Thailand may now, work anywhere, for anyone (including themselves), under any conditions, and do any type of work, that is not excluded by the Official List.

This is a very significant and welcome change to the Thai foreign labour law regime.

It is obviously good news for work permit holders in Thailand – and Thailand will also benefit from having made its labour market more attractive to the best foreign labour talent it needs to compete for in the ever-increasing globalised economy.
 
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Offline Newsy

Re: New Work Permit rules confirmed by Phuket Employment Office Chief
« Reply #2 on: September 02, 2018, 11:20:42 AM »
source.link.auto.thephuketnews.com

New Work Permit rules confirmed by Phuket Employment Office Chief

The Chief of the Phuket Provincial Employment Office, Kattiya Pandech, has confirmed to The Phuket News this week that new provisions issued by Royal Decree in March are in effect, allowing foreigners with work permits to legally work in any field, anywhere in the country, for any employer as long as the work being done in not on the list of occupations prohibited to foreigners.

This means that foreigners who have been issued work permits are no longer restricted to performing only the type of work listed in the work permit, or at the exact location listed in the work permit, or for the employer listed in the work permit, or even in accordance with the conditions listed in the work permit, Mr Kattiya told The Phuket News.

There is not even any legal requirement for foreigners to inform his office of any changes, he added.

However, Mr Kattiya did caution that foreigners and employers ‘should’ register any changes to their work situation with the Employment Office to avoid any confusion or misunderstandings that may arise.

“There is no law requiring this anymore, but it would be best if people did register their changes,” he said.

The changes came via the Emergency Decree on Non-Thais’ Working Management (No.2) (2018), Mr Kattiya confirmed.

“This law was passed on March 27, and came into effect on March 28… We have announced it on the website www.doe.go.th in Thai, but we don’t have an English version posted yet,” he said.

Section 37 of the Emergency Decree this year annulled Sections 70, 71, 72 and 74 of the Emergency Decree issued in 2017.

“That is correct. These sections have been cancelled. They are not active anymore,” Mr Kattiya confirmed

More importantly, Mr Kattiya also confirmed that Section 28 of the Emergency Decree issued this year provides that a work permit holder may engage in any work that is not specifically prohibited to all foreigners (see below).

Regarding the now-annulled Section 70 of the old law, Mr Kattiya noted, “Foreigners are now able to work anywhere in the country without registering the change in their work permit, but each foreigner’s employer must be listed in the work permit.

“If an employee is transferred to another office elsewhere in the country, the employer should notify the Phuket Provincial Employment Office,” he said.

“It is the employer’s responsibility to inform our office of the location and the employee’s job to be listed in the work permit, but then the employee does not need to strictly adhere to that. It is just to register the main place of work and the main type of work the foreigner was hired to do,” he added.

‘PLEASE DISREGARD’

Mr Kattiya noted that the Phuket Employment Office renewed or issued new work permits for 16,000 foreigners from March 28 through July 30.

However, the work permits issued during that period still contain the warnings on the inside back cover specifically stating the old restrictions forcing foreigners to strictly abide by the descriptions literally printed in the work permit itself.

To this Mr Kattiya urged foreigners to disregard Note 2, which states: “A work permit holder shall engage and perform works only in the particular category of work with the specific employer, permitted locality and conditions. Any work permit holder who violates or fails to comply with the foregoing shall be liable to a fine of not exceeding four hundred thousand Baht.”

“These are the old books that were printed in accordance with the Emergency Decree issued last year,” Mr Kattiya said.

“The new books will not have Note 2 when they arrive,” he said.

OCCUPATIONS PROHIBITED TO FOREIGNERS

Mr Kattiya was very strong on the point that foreigners were still banned from performing work in the fields still prohibited by law.

The list stood at 39 occupations prohibited to foreigners since the law was introduced in 1979, but was revised down to 28 occupations in June this year.

Although for some reason as of Wednesday (Aug 29) the Ministry of Interior still listed the 39 occupations in full on its website (www.mol.go.th), Labour Minister Adul Sangsingkeo in June announced that 12 occupations had been removed from the list, with foreigners allowed to engage in work in the 12 new fields from July 1.

The 12 new fields that foreigners are now allowed to work in predominantly focus on unskilled labour, Thai handicraft production and other forms of manual labour.

However, in professional work, foreigners may now work in engineering, architecture and accounting as long as the foreigner has been accredited by the relevant Thai authority or trade association.

Meanwhile, for example, it is still illegal for foreigners to sell products at a shop; work as a tour guide; work as a secretary; provide legal counselling service; sell by means of an auction; and work as a trade and investment representative or broker (unless hired by an international organisation).

‘SMART CARD’

Some old rules still apply, such as the requirement for foreigners to carry their work permit with them at all times while performing work, Mr Kattiya noted.

The penalty for failing to do so is a fine of up to B10,000.

However, Mr Kattiya explained that the Labour Ministry is working towards the old-fashioned work permits books being replaced by smart cards.

“We are working on foreign employees in the future to have smart cards (instead of books), and we are currently developing a system for submitting work permit applications online. We want this part of our job to be easier,” he said.

On closing, asked whether Royal Thai Police and Immigration officers in Phuket had been informed of the new laws, or more accurately which old laws are no longer valid, Mr Kattiya said, “The Royal Thai Police and Immigration must know about it. They must not ignore this because the national official in Bangkok communicated this very clearly shortly after the law came into effect in March.

“They can’t pretended they do not know this information. They can’t charge foreigners for breaking the old law, the update has been made already,” he said.
 
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Offline Roger

Re: Working without a work permit now possible
« Reply #3 on: November 24, 2018, 04:57:57 PM »
Hi Johnnie,

I was searching around about 'Work Permits' and have borrowed some links from your thread - ''Working without a work permit now possible'' - Thaiga and Newsy.

Thank you - just goes to show what a good job this Forum could do sometimes.

A couple of people (off Forums) had asked me if I knew about it at all - I obviously didn't  :(

Thanks again.
 
The following users thanked this post: Johnnie F., thaiga

 



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