Thai Labour Law: Royal Decree blows work permits wide open

[webfact]

Phuket Law: Royal Decree blows work permits wide open

By Jerrold Kippen

 

Under the old rules, foreigners who needed a work permit were prohibited from doing any work, for any employer, anywhere, under any such conditions if such were not detailed and, therefore, permitted in the work permit itself. That is no longer the case. Photo: The Phuket News

 

PHUKET: 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. 

 

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.

Full story: https://www.thephuketnews.com/phuket-law-royal-decree-blows-work-permits-wide-open-68051.php#e3UQHkR7y0KozR8a.99 

 

-- © Copyright Phuket News 2018-07-30

 

[thaibeachlovers]

Only 18 years too late for me.

[Eligius]

This does seem to be surprisingly good news. One gets used to such a stream of negative news (especially for foreigners) in Thailand that some apparently good news for a change comes almost as a shock - but a pleasant one!

[robblok]

12 minutes ago, Eligius said:

This does seem to be surprisingly good news. One gets used to such a stream of negative news (especially for foreigners) in Thailand that some apparently good news for a change comes almost as a shock - but a pleasant one!

Yes it seems that this government at least makes things better for foreigners. Hard to imagine but have to credit where credit is due. Now if they could only do away with the 90 day reporting that was activated under a previous government and the reporting of address things would really be looking up. 

[overherebc]

Could be good news for many.

How long will it take for the awareness?? and knowledge to filter down to people who will be in charge of WP's etc at local levels.

[Eligius]

1 minute ago, robblok said:

Yes it seems that this government at least makes things better for foreigners. Hard to imagine but have to credit where credit is due. Now if they could only do away with the 90 day reporting that was activated under a previous government and the reporting of address things would really be looking up. 

I think this is a Royal Decree - straight from the King. But yes - wouldn't it be wonderful if the 90-Day Reporting were done away with. But I dream too much - ha ha!

[ChiangMaiLightning2143]

I don’t get this will Farang English teachers now be moonlighting as Grab drivers?

No more hauling off  to the monkey house the guitarist for sitting in at a jam session in a bar, payed by a few beers? Chiang Mai police won’t like that.

Can a foreign guy with a work permit pick a potato off the floor in his Thai wife’s restaurant without risking a grassing by jealous competitors?

Edited July 30, 2018 by ChiangMaiLightning2143

[darksidedog]

On the face of it, this seems like very good news and a step in the right direction for common sense. I am keen to see under what circumstances a foreigner may work without a permit. Been too scared to paint the house, just in case.

[robblok]

10 minutes ago, Eligius said:

I think this is a Royal Decree - straight from the King. But yes - wouldn't it be wonderful if the 90-Day Reporting were done away with. But I dream too much - ha ha!

I know but arent all laws here made by the government and then endorsed by a Royal Decree from the king.  Yes I am dreaming too but this really is a good change. Lets be happy about it. 

[robblok]

7 minutes ago, darksidedog said:

On the face of it, this seems like very good news and a step in the right direction for common sense. I am keen to see under what circumstances a foreigner may work without a permit. Been too scared to paint the house, just in case.

I don't believe you for one minute.. its just something you tell your wife / GF so you don't have to do the job. ?

 

I have actually done some painting outside in the past and had my dad (im not that good with my hands) over to do quite a bit of work in the house. Kitchen, bathroom upstairs and downstairs. 

 

But last time there was painting to do I just hired Thais, not because i was afraid but because the price was not too high and I really don't like painting. Plus they did a better job than I could. 

[Guest]

Quote

 

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.

 

To get a work permit, do we still have to create company and hire 4 Thais, if we just want to do work by ourselves?

 

I'm thinking of digital-nomad style of work, where a person would do tasks over the internet. What is the best / correct procedure for that?

[onoff]

"work permits can now be made electronically from within and from outside Thailand."

 

Anyone has more information on this?

[ZeVonderBearz]

8 minutes ago, oilinki said:

To get a work permit, do we still have to create company and hire 4 Thais, if we just want to do work by ourselves?

 

I'm thinking of digital-nomad style of work, where a person would do tasks over the internet. What is the best / correct procedure for that?

Education visa?

[scorecard]

Can renewal of WPs now be done electronically? 

[Guest]

10 minutes ago, ZeVonderBearz said:

Education visa?

I already have a visa, but would like to do some remote work for an while. 

[Hockeybik]

1 hour ago, oilinki said:

To get a work permit, do we still have to create company and hire 4 Thais, if we just want to do work by ourselves?

 

I'm thinking of digital-nomad style of work, where a person would do tasks over the internet. What is the best / correct procedure for that?

It's not just digital-nomad's. Consultant work, sales representatives, sourcing agents and a number of other "jobs" can be done by single person companies or one plus an assistant. How do you do this kind of work legally? What type of visa? Do you need a company entity? Can you work with only a visa? ... to Oilniki's question do you still need a company with 4 Thai's etc., etc., ...? 

 

There was rumor a while back about creating a sole-proprietor category business for foreigners but that seems to be either dead or back burnered. There are still quite a few unanswered questions about working legally long term in Thailand.

Edited July 30, 2018 by Hockeybik

[PoorSucker]

Don't get to excited, this applies to conducting business meetings, sale exhibitions and such. 

You can now attend a conference without a WP. 

[scorecard]

28 minutes ago, Hockeybik said:

It's not just digital-nomad's. Consultant work, sales representatives, sourcing agents and a number of other "jobs" can be done by single person companies or one plus an assistant. How do you do this kind of work legally? What type of visa? Do you need a company entity? Can you work with only a visa? ... to Oilniki's question do you still need a company with 4 Thai's etc., etc., ...? 

 

There was rumor a while back about creating a sole-proprietor category business for foreigners but that seems to be either dead or back burnered. There are still quite a few unanswered questions about working legally long term in Thailand.

 

IMHO a very 'open' working scenario for foreigners in Thailand is a long way off. Just one reason is that Thailand is not and possibly never will be a multi-cultural society as we know in the west,  I suspect this point pushes away the need (in the Thai psychi) for any really open picture for farang (all foreigners) to work in Thailand.

 

Another angle / twist, more than 2 decades back I attended a seminar at which the Thai Minister of Education spoke at length, in English, and even took questions.

 

The first question, from a western guy was asking for better conditions / opportunities / much less complication with visas and wp's etc, for English language teachers.  The ministers' response was 'No need for that, we have many good teachers in Thailand. Next question please'.  

 

 

[madmitch]

I thought that this was only to apply to businesses operating in the new Eastern Economic Corridor. Maybe they couldn't amend the law just for a single area. However the ease of access for temporary workers, such as musicians and conference attendees is welcome. Maybe we'll get a few more decent acts coming to Thailand.

 

 

[NCC1701A]

"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."

 

bottom line of the article.

[overherebc]

3 hours ago, oilinki said:

To get a work permit, do we still have to create company and hire 4 Thais, if we just want to do work by ourselves?

 

I'm thinking of digital-nomad style of work, where a person would do tasks over the internet. What is the best / correct procedure for that?

Try Spain???????

????

[Guest]

1 minute ago, overherebc said:

Try Spain???????

????

That's actually one of the places I might move to. Along with other EU countries, Portugal and Croatia. 

[overherebc]

8 minutes ago, oilinki said:

That's actually one of the places I might move to. Along with other EU countries, Portugal and Croatia. 

Might not be far behind you.

[Hockeybik]

1 hour ago, NCC1701A said:

"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."

 

bottom line of the article.

So, if I have a work permit from my job at a school teaching, I can work on the side for a company doing anything not restricted to Thai's?

 

Bottom line to me is you still have to have the work permit if it is a long term job. If I'm understanding the whole article and on the lawyer's website correctly this also helps people who come to Thailand for short term work such as consulting or machinery installations or trade shows but does little to help freelancers or solo workers looking for a legal longer term solution. 

[duanebigsby]

4 hours ago, robblok said:

Yes it seems that this government at least makes things better for foreigners. Hard to imagine but have to credit where credit is due. Now if they could only do away with the 90 day reporting that was activated under a previous government and the reporting of address things would really be looking up. 

Both issues you mention are a pain in the butt for Immigration and our landlords every bit as much as for ourselves. I agree completely.

[overherebc]

2 hours ago, PoorSucker said:

Don't get to excited, this applies to conducting business meetings, sale exhibitions and such. 

You can now attend a conference without a WP. 

For sure this will not be a WP Fest.

My take is that those already holding a WP will not be stricly limited to the area of issue.

Eg a contract that has offices, yards in different provinces might mean the WP you have for Chonburi might cover you to do a bit of your work in a subcontractors fab' yard in Saraburi without having to apply for a WP there or have it added to your existing WP.

All the work would have to do with the contract itself, not a different job on a different contract.

Edited July 30, 2018 by overherebc

[ajarnmarc]

Any news on this subject is welcome and progress, though slow coming; still progress.

Happy day...

As now the G/F can't try to trip up their man, 

so easily.

[MekkOne]

4 hours ago, robblok said:

But last time there was painting to do I just hired Thais, not because i was afraid but because the price was not too high and I really don't like painting. Plus they did a better job than I could.  

Man you must really suck at painting...

[Suradit69]

5 hours ago, Eligius said:

One gets used to such a stream of negative news (especially for foreigners) in Thailand

Or more accurately  "from foreigners in Thailand."

[melvinmelvin]

2 hours ago, NCC1701A said:

"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."

 

bottom line of the article.

 

agree, this is a quantum leap forward in the right direction

but would the new stipulations ease/facilitate getting a WPin the first hand?