Thai Labour Law: Royal Decree blows work permits wide open

[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?

 

[yellowboat]

Hope somebody informs Big Joke and other policemen.   Some of them will be crushed to hear they have less to hold over people. 

 

Frankly, never thought this day would ever happen.  It is good news. 

[FritsSikkink]

29 minutes ago, overherebc said:

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.

No 

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 work, that is not excluded by the Official List.

 

https://duensingkippen.com/thailandbusinesslawblog/?p=270

Edited July 30, 2018 by FritsSikkink

[r136dg]

Can I get a work permit to cut my grass now? It's looking like a jungle out there.

[yellowboat]

7 minutes ago, r136dg said:

Can I get a work permit to cut my grass now? It's looking like a jungle out there.

It sounds like they may be casting aside all that silliness.  You might even be able to build a boat in your backyard one day. 

[overherebc]

13 minutes ago, melvinmelvin said:

 

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

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

 

No. Same as before.

[StefanBBK]

4 hours ago, oilinki said:

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

me too...

 

[overherebc]

23 minutes ago, FritsSikkink said:

No 

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 work, that is not excluded by the Official List.

 

https://duensingkippen.com/thailandbusinesslawblog/?p=270

I agree that's what the translation says, but, it's written in Thai and the Thai understanding of it will most often be different from the tralators understanding.

Going by that paragraph it gives the impression that, lets call it an open WP, will be there for the asking allowing you to travel all over Thailand working where you feel like it doing any non-restricted job.

Somehow I don't believe that's the real intention.

Edit.

More likely it will allow a company to get WP's for migrant workers allowing the workers to move around as the company may require.

Edited July 30, 2018 by overherebc

[robblok]

59 minutes ago, MekkOne said:

Man you must really suck at painting...

I do.. actually I do at most manual labor things, wish it was different. But these painters were actually quite good. 

[LivinLOS]

One aspect that isnt being given the attention is possibly deserves 

 

https://www.thephuketnews.com/phuket-law-working-without-a-work-permit-now-possible-67692.php#i86dxMR20OLZ2kX3.97

Quote

 

A. The following non-Thais can carry out certain activities in Thailand without a work permit:

(1) a non-Thai who comes to Thailand on a short-term periodic basis to: hold or to attend a meeting, lecture, seminar, training, exhibition of art or culture, or sports competition; provide an opinion; inspect work of others; or, any other activities, as prescribed by the Council of Ministers.

(2) a non-Thai who enters into Thailand to: operate a business; make an investment; or who has knowledge, ability, or skills that are considered beneficial to the development of the country;
(3) a non-Thai legal representative (e.g. director) of an alien juristic person that is licensed to operate business under the Foreign Business Act (1999);

 

 

The text of that would appear to now consent to a non Thai entering Thailand, without a work permit, and operating a (presume non Thai) business. 

That change would now appear to allow online work, for a existing business, without a work permit. 

[robblok]

44 minutes ago, yellowboat said:

Hope somebody informs Big Joke and other policemen.   Some of them will be crushed to hear they have less to hold over people. 

 

Frankly, never thought this day would ever happen.  It is good news. 

Bet you never thought the junta could do something positive ?

[robblok]

Just now, LivinLOS said:

One aspect that isnt being given the attention is possibly deserves 

 

https://www.thephuketnews.com/phuket-law-working-without-a-work-permit-now-possible-67692.php#i86dxMR20OLZ2kX3.97

 

The text of that would appear to now consent to a non Thai entering Thailand, without a work permit, and operating a (presume non Thai) business. 

That change would now appear to allow online work, for a existing business, without a work permit. 

It looks that way... but how are these people different to those that are already operating a business in Thailand ? I mean normal (non online) business. I know the normal labor laws with the 4 Thais to every foreigner for a WP are there to protect work for Thais, and online businesses don't take away work from Thais if they are not targeting people in Thailand.

[Shaunduhpostman]

It's good news, but I'd wait and see how it all turns out in the end. Agreed, you have to wonder how long it will take immigration and other law enforcement to get on board with this. Also, doesn't make sense in terms of the last 15 odd years we've been through with increasing restrictions and a more and more cynical attitude towards foreigners, even towards  those who are benefitting the country as teachers, technicians,  IT, medical personnel, etc.

 

Kind of like its too good to be true and I'm waiting to hear what the catch is. It makes too much sense, which does not make sense, the modus operandi in Thailand is nonsense and chaos. Allowing people to work at a second job would then allow people to give up illegal activities and we wouldn't want that would we? Seems almost a quirky turn of events, brought about by one person who happens to think foreigners have something to offer,  clearly not a fashionable opinion to hold or doesn't the whole country lose face if people say OK, some foreigners are capable human beings. That said this is the second loosening of restrictions we've seen in the last few months, the first one was not too clear to me something about foreign business owners being allowed to work on their own businesses here without having to apply for a work permit, I probably don't have that right.

 

One thing that would also help enormously is if you no longer had to cancel your work permit and leave the country when changing jobs. That gives employers less incentive to treat their employees well because it makes it more complicated and difficult to quit if you have to leave the country and go through the work permit process again. But I think the thinking is, if you are finished with your job, then its time to go back to your country. Japan allows you to switch jobs without getting a new work permit, I think it is a win win situation for the country, employers then have an incentive to treat employees right and if that happens customers benefit and work productivity is likely much better. Making things difficult for employees to leave a job just seems like an indulgence granted to poo yai which in the end doesn't even benefit them, but encourages toxic work environments which are rife in Thailand.

[ricklev]

It's just one farang lawyer's interpretation of a translation. A Thai immigration lawyer I know is contacting the work permit office tomorrow. I'll post back.

Sent from my SM-J710F using Thailand Forum - Thaivisa mobile app

[ttrd]

RE - Phuket Law: Royal Decree blows work permits wide open

 

Hopefully this article is not based on the same Source that claimed 16 shots to the head when it was just 3....

Edited July 30, 2018 by ttrd

[SymS]

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.

So you can work for a company part-time, then have a small freelance business on the side?

[yellowboat]

6 minutes ago, robblok said:

Bet you never thought the junta could do something positive ?

Not sure it was they.  It could have been a higher power.  Did the junta tout it as great achievement?  Usually they like to talk up all that they do, as saviors of Thailand.  They talk about hours of debate at the NLA which then returns a unanimous verdict with a handful of abstentions.  I could be wrong, but this seems like interesting timing more than anything else. 

[robblok]

Just now, yellowboat said:

Not sure it was they.  It could have been a higher power.  Did the junta tout it as great achievement?  Usually they like to talk up all that they do, as saviors of Thailand.  They talk about hours of debate at the NLA which then returns a unanimous verdict with a handful of abstentions.  I could be wrong, but this seems like interesting timing more than anything else. 

I was only teasing you a bit and you fell for it hook line and sinker. Anyway the king does not make laws only endorses them (all laws as far as i know). To the junta this is no achievement.. but for some of us its quite useful. 

[ZeVonderBearz]

5 hours ago, oilinki said:

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

Probably easier to not mention it and just do it. 

[AGareth2]

I read it that you have to have the WP

sort of like a flexi WP

[overherebc]

17 minutes ago, ricklev said:

It's just one farang lawyer's interpretation of a translation. A Thai immigration lawyer I know is contacting the work permit office tomorrow. I'll post back.

Sent from my SM-J710F using Thailand Forum - Thaivisa mobile app
 

Agreed people are still reading too much into this, especiaaly digital nomads who read every notice on WP's as a reason to ask does this mean I can now work legally?

Will the conditions required to get your first WP change.  No.

If you leave your job, to travel, will the extension your WP was issued stay with you? No, I don't think so. Your first employer will have it cancelled.

Can you get a one year multi entry B without being a director or major shareholder of a Thai registered company with tax records in Thailand. No.

 

Edited July 30, 2018 by overherebc

[mike324]

Its good for some bad for others. My company employs foreign workers in factory. Due to the latest changes, the newest batch of workers that we brought in, most have left the company after working a month or less because they want to try other jobs. This cost us time and money, as well we the human resource agency that needs to replace workers for us. 

 

[overherebc]

1 hour ago, ajarnmarc said:

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.

Find a decent girlfriend.

[yellowboat]

13 minutes ago, robblok said:

I was only teasing you a bit and you fell for it hook line and sinker. Anyway the king does not make laws only endorses them (all laws as far as i know). To the junta this is no achievement.. but for some of us its quite useful. 

I hate the junta and loved being teased.  

 

They gleefully enforced all these awful labor laws, viciously attacked people who were conducting trade with the country and now it is all different today.   It did not seem to go threw the NLA.  It is a good thing, but it seems odd to me.   Think it has to do with timing. 

[robblok]

3 minutes ago, yellowboat said:

I hate the junta and loved being teased.  

 

They gleefully enforced all these awful labor laws, viciously attacked people who were conducting trade with the country and now it is all different today.   It did not seem to go threw the NLA.  It is a good thing, but it seems odd to me.   Think it has to do with timing. 

Your better informed then I am, i never know what goes through the NLA. 

[LivinLOS]

32 minutes ago, robblok said:

It looks that way... but how are these people different to those that are already operating a business in Thailand ? I mean normal (non online) business. I know the normal labor laws with the 4 Thais to every foreigner for a WP are there to protect work for Thais, and online businesses don't take away work from Thais if they are not targeting people in Thailand.

 

Agreed.. If, and its a very big if at this stage, that is how it is intended and enforced, it would seem to create a huge 'hole' in effective control of labour law, and short circuit lots of value added / knowledge transfer / engage Thais and rent offices etc type things which labour law seemed designed to do.

 

I guess in implementation it could require 1) properly formed and operated non Thai entity (not self employed or one man band) 2) single person not 2nd party incountry 3) no Thai source of income / client base.. 

Right now its all about how that is implemented, understood and enforced. However superficially it does appear to say that. 

 

 

[tukkytuktuk]

1 hour ago, FritsSikkink said:

No 

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 work, that is not excluded by the Official List.

 

https://duensingkippen.com/thailandbusinesslawblog/?p=270

Does David Brent work for Duensingkippen Law Firm?

 

 

Or maybe Del boy and Rodney work there?

 

 

Sound like some run of the mill law firm. How can we trust what they say? Offices worldwide London, Paris, New York, Peckham, Phuket. Is it run by Indians or cowboys?

[kannot]

6 hours 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.

Ive built  two house on my  own without help with my local policeman dropping  by occasionally for a chat.

[zib]

50 minutes ago, robblok said:

It looks that way... but how are these people different to those that are already operating a business in Thailand ? I mean normal (non online) business. I know the normal labor laws with the 4 Thais to every foreigner for a WP are there to protect work for Thais, and online businesses don't take away work from Thais if they are not targeting people in Thailand.

 

That's a Visa rule. There's no requirement of 4 Thais to get a WP.

[robblok]

1 minute ago, zib said:

 

That's a Visa rule. There's no requirement of 4 Thais to get a WP.

I stand corrected, that is if you right, i admit I am not sure here.

 

But if that is true, suppose you get a visa based on marriage (i know its called differently), then you would be able to get a WP without having 4 Thais in the company ?