How Royal Decree Impacts Thai Work Permit

Last year, a new labour law was implemented with regards to foreign workers in the country. This changed the rule of getting a Thai work permit before anyone can be employed within the country. With the introduction of the new law, foreign workers are able to work sans work permit but it must be within significant circumstances which are limited by conditions.

According to the old rules, a foreign worker is not allowed at under any circumstance to work within the country of the scope of work is not found in the work permit. The conditions should be specific as to the kind of work and the employer the worker is working under.

With the new rule, the work defined on the permit has been revised. Applications are also not required to be done on site but it is also possible through online methods regardless if it is within the country or outside.

While there might be changes, this is actually good news especially for foreign workers because the new law is more relaxed compared to the previous one. Until 2017, all foreign employees have been managed through the Alien Workers Act of 2008. Then last year, the Non-Thais’ Working Management Emergency Decree was introduced thereby revoking the Alien Workers Act of 2008.

Decree No. 1 is still almost the same as the Alien Workers Act because the provisions and the regulations were upheld. In 2018, another Decree No. 2 was introduced which is an amendment to the previous Decree.

Section 70 of the first decree stipulated that foreign workers must not take on works that are not specified on their work permit unless special permission has been granted. With the amendment through the second decree, foreign workers are now allowed to take on any job as long as it is not under the Official List of jobs that are prohibited to all foreign workers.

This means that as long as one has a Thai work permit, they can take on any job with any employer as long as they are not violating the law governing prohibit jobs for foreigners.

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