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Thai Labour Law: Royal Decree blows work permits wide open


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50 minutes ago, overherebc said:

Last week I couldnt spel ingenear, now I are one.

My son was here for six years; just out of college, no work experience. So, he became an NES teacher. Didn't like it, so he got a job with an O&G firm. His title was something or other engineer. I've worked overseas all my life and I have seen expats who folded architectual drawings called document engineers, data input people called information engineers, time and attendance workers called cost engineers, drivers called transportation engineers. It goes on and on; if you need/want an expat, but have to get around the local laws prohibiting foreigners from taking local jobs, call the foreigner an engineer.

 

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Given the problems we have with the various 'interpretations' of visa rules, from one border crossing to the next, I can imagine this work permit decree will be fraught with just as much frustration, and dare I say stupidity.

 

Edited by TechnikaIII
Grammatical
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17 minutes ago, smotherb said:

My son was here for six years; just out of college, no work experience. So, he became an NES teacher. Didn't like it, so he got a job with an O&G firm. His title was something or other engineer. I've worked overseas all my life and I have seen expats who folded architectual drawings called document engineers, data input people called information engineers, time and attendance workers called cost engineers, drivers called transportation engineers. It goes on and on; if you need/want an expat, but have to get around the local laws prohibiting foreigners from taking local jobs, call the foreigner an engineer.

 

Or 'expert' seen that a few times.

Mind you I did know a retired guy in uk when the factory he worked at closed and was moth-balled was kept on part time to arrive every day and open windows to allow air flow and about 5pm go back and close them for over night.

Job title    Ventilation engineer.

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Hopefully, it's good news, however, I would say that interpretation is quite a different matter; to the extent that the letter of the law can even be ignored or contradicted. 

 

Nevertheless, immigration offices in key areas, such as Chiang Mai, seem to be becoming even more relaxed.  For example, working online can be tolerated even without a permit.

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7 hours ago, mike324 said:

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. 

 

Yeah, sure to be bad for sweat shops.

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I’m shock and awed ?

i was just telling my wife today that they will have to change the labor laws in the next 5 years, or face serious consequences considering the issues with the current  labor force.  The current education system cannot adapt to the needs of the country quickly enough, and expertise is lacking in a number of critical areas.  I would love to see this country rise by increasing it’s  openness, but  doing so in a controlled and methodical way-if that’s possible 

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8 hours ago, greenchair said:

20 years too late for me, I have thai citizenship now. I'm almost in tears to finally see this come to pass. The country was losing hundreds of thousands in taxes. All the valuable foreign language tutors living in fear like a criminal simply for teaching a language

This is truly a law to celebrate. 

Yahoo.

Let's get this country moving. 

LoL....so removing the requirement to have a seperate work permit for foreigners who want to work at a different location, left you at the point of emotionally breaking? 

Doesn't sound like something I'd break open the champagne over. 

Am I missing something? 

Edited by Time Traveller
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4 hours ago, mommysboy said:

 

Hopefully, it's good news, however, I would say that interpretation is quite a different matter; to the extent that the letter of the law can even be ignored or contradicted. 

 

Nevertheless, immigration offices in key areas, such as Chiang Mai, seem to be becoming even more relaxed.  For example, working online can be tolerated even without a permit.

On the other hand, have some Immigration offices extremely changed. Sisaket was always very easy going, but my last visa extension was incredible. I've never experienced such a thorough check of all documents. Even the provisional teacher's license I had a copy of, was checked online on TCT's website. They've known me for 16 years and I always had a good relationship with them. Something doesn't fit here, sorry. 

 

It's true that the regulations for people who make their money online are relaxed, but how long will that continue? If everything looks too good, there must be something wrong, looking at Big Joke's actions, etc...

Edited by jenny2017
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RE - Thai Labour Law: Royal Decree blows work permits wide open

 

Its around 13 months (June 2017) since the rules were changed and ended up to be both more narrower and stricter than the previous...

 

Foreign Employees Working in Thailand

 

https://www.bakermckenzie.com/en/insight/publications/2017/06/new-law-on-foreign-employees

 

Around 6 months later (Feb 2018) were softer penalties in place both for foreign employees and employers 

 

http://englishnews.thaipbs.or.th/softer-penalties-foreign-workers-thai-employers-approved-cabinet/

 

So it remain to see what "Royal Decree blows work permits wide open" actually means in practice - waiting in anticipation...:coffee1:

Edited by ttrd
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20 hours ago, onoff said:

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

 

Anyone has more information on this?

yeah right... just like the 90 days

I managed to renew my 90 days via online on 3 occasions then it stopped working..

so I had to report to the immigration office to do it, after I renewed my passport they transferred all the information, still doesn't work!!

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12 hours ago, jenny2017 said:

  Definition of work. The definition of work has been reworded, and now reads: “To perform any professional work, regardless of whether or not there is an employer, but excluding the conduct of the business of foreign business license holders according to the Foreign Business Act.”

 

Anyone have a firm, clear, understanding of exactly what a foreign license holder means under the foreign business act ?? 

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6 hours ago, MartinBangkok said:

Insider tip. If you have a work permit, you can leave Thailand once a year and then no need to do the 90 day report.

I'm not kidding

Explain the system ?? 

 

90 day reporting is a requirement on all long stay extensions (and visas over 90 days). 

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53 minutes ago, LivinLOS said:

But once again immigration are not responsible for labour law. 

 

I am sure the postman doesnt mind either.. But not his job. 

It most certainly is their job. Where have you been?

 

They are the boss as far as visas, extensions and enforcement is concerned. Police seem to be busy with blatant criminality such as false stamps. That's the way it works. Take it from some one who has been in the trenches a while.

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3 minutes ago, stanleycoin said:

Not much good news for Expatiates in Thailand .

But this does qualify for it. :thumbsup:

Hope to read good things about this in practice, in the coming months.

 

 

Hope is sometimes all we have?

 

Lawmakers seem to write these things in rather nebulous terms. Just how it gets interpreted is anyone's guess.

 

At worse, it could be limited to moving employees around in the same or an affiliated company.  At best, it could be a general liberalisation, most likely to comply with some ASEAN directive.

 

I don't think it will allow movement between professions. 

 

My opinion only.

 

Toss a coin maybe!

 

Edited by mommysboy
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1 hour ago, chrisinth said:

Not going to happen. Really badly worded quoting from the law firm that issued these statements. Amazed that Phuket Times would even run this without thinking through what the above statement, reference working "anywhere, for anyone, under any conditions and do any type of work" would mean and more to the point how it would be exploited very, very quickly.

 

Clickbait.. And agree I cant see how anyone is falling for that. 

The Royal Decree doesnt say that, its saying that there is greater flexibility in work locations for the current work permit someone has. 

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1 hour ago, mommysboy said:

It most certainly is their job. Where have you been?

 

They are the boss as far as visas, extensions and enforcement is concerned. Police seem to be busy with blatant criminality such as false stamps. That's the way it works. Take it from some one who has been in the trenches a while.


No immigration (ministry of the interior) is responsible for entry into and remaining within the kingdom. 

The labour department and or employment office is responsible for employment law. 

This is why miss translations of immigration saying things like "we are not concerned with that" should be read for what they are. 

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1 hour ago, LivinLOS said:


No immigration (ministry of the interior) is responsible for entry into and remaining within the kingdom. 

The labour department and or employment office is responsible for employment law. 

This is why miss translations of immigration saying things like "we are not concerned with that" should be read for what they are. 

In practice, immigration does the donkey work- the overseeing- simply because they are the department who most come in to contact with the applicant. They do of course take their advice from various relevant departments and the public prosecutor, which shapes how they act, and sometimes they do much of the administrative work, for example, during the application for a work permit.  Ultimately, immigration police do the checking and much of the enforcement, thus when I recently switched to a non imm 'o' for Thai wife, it was Immigration police who visited me.  Also, when my mate went through the process working as a teacher. It was immigration police who arranged to meet him at the entrance gate of his school to check all was kosher.

 

When the immigration said 'we are not concerned with that it's likely that it can be taken at face value.

 

But the main point I want to make is theory vs practice- this is how it actually is, and this is the reality of what is actually happening and it seems to be confirmed by people actually working as digital nomads for instance.

 

So regarding this latest decree- we don't actually know what it means, but the ultimate mouthpiece will be immigration police of course.

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