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More details on the new rules regarding work permits and working in Thailand


webfact

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1 hour ago, fdsa said:

> Persons who enter Thailand to operate business

 

this needs clarification - if I am a director of the company, I do not need the work permit anymore to get a Non-B Visa? I'd love to get rid of that hassle.

I would also be keen for clarification on this. At the moment I am operating my wife’s business while she works full time for another company, does this mean I don’t need a work permit ?

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20 hours ago, zaphod reborn said:

Obviously, you still need to submit an application to amend your Work Permit when you change your residence address.

 

I don't trust any of this, and that is why I haven't commented on these new regs yet.  Who knows how all of this will actually be implemented?  I certainly don't trust the British Chamber of Commerce.  I have been in legal/HR in Thailand for 11 years and have learned not to trust any pronouncements or new regs until I hear from several MOL/BOI officials as to how they are being implemented.

 

The one thing I do trust is that foreigners who come for short stay company business, meetings, training, etc. do not need a work permit, but that only replaces the 15/30 day urgent expert work permit which was automatically approved upon application.

Although I do trust what the British Chamber of Commerce stated, as such information is usually reliable, what I may have misunderstood is the apparent contradiction between the statement that a holder of a WP may now engage in any occupation permitted by law and the provision stating that there is no need to apply for alteration of a WP PROVIDED there is no change of employer. Have I misunderstood these provisions?

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Work Permit is not required for:

− Persons who enter Thailand to operate business or to make investment or who have knowledge, ability, or high skills, which would be beneficial to the development of the country

 

I think maybe something lost in translation here, because it basically says anyone with "high skills" beneficial to Thailand doesn't need a work permit.

A bit vague, but its saying if you are skilled you can now work and be paid for it (otherwise its just a visa issue not labour department issue) without a work permit!

 

That can't be correct translation....

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23 hours ago, webfact said:

engaging in work by exerting energy or using knowledge whether or not in consideration of wages or other benefits”

Does this mean that in the past going to the toilet was work? Exerting energy without wages, but with the benefit of feeling relieved afterwards 555 :cheesy:

 

On a serious note, these changes are very welcome! Does this mean you can now legally run some online business as well besides your normal job?

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9 hours ago, YetAnother said:

quite surprised thai-bashing is not on the prohibited list with the avalanche of sweeping conservatism

Well that is an avocation and not a employment.

Plus it expends no energy.

?️‍♀️

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6 hours ago, garzhe said:

Definition of “work” under the Working of Aliens Act, B.E. 2551 (2008) is very broad:

• “engaging in work by exerting energy or using knowledge whether or not in consideration of wages or other benefits”

 

So Im considered working if I paint my house,  dig my garden,  move my garbage bin,  tie my shoelaces 

There's now a new definition of work, the old 2008 one is defunct.

 

Can't remember where exactly but I read it somewhere in the last few months.

 

Edit: Out of curiosity I looked it up again, the above act was replaced completely by a new act - this one : Royal Decree on Managing the Work of Aliens B.E. 2560 (2017)

 

image.png.8c4903ab036b47247cd734ab2e288c55.png

 

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

 

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This could help Thailand have decently built homes
Not the smear thin stucco cement over crappy brick style
Going to put my trowel and spirit level in my suitcase this November just in case.

Sent from my SM-G955F using Tapatalk

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I have had a look on the British Chamber of Commerce for Thailand website, but did not find any information on this. Hopefully they will produce a report to finally clarify some of these points.

 

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On 8/30/2018 at 3:46 PM, Cheops said:

Does this mean that in the past going to the toilet was work? Exerting energy without wages, but with the benefit of feeling relieved afterwards 555 :cheesy:

 

On a serious note, these changes are very welcome! Does this mean you can now legally run some online business as well besides your normal job?

??

As Mr McEnroe said ' you cannot be serious' ??

It will be long time before online work will be considered as legal and will be considered for issue of a work permit.

Even without an official translation of the new rules in place yet the, to me, very obvious use of the word(s) employer(s) screws that idea.

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On 8/30/2018 at 2:09 PM, cyborgx said:

 

Work Permit is not required for:

− Persons who enter Thailand to operate business or to make investment or who have knowledge, ability, or high skills, which would be beneficial to the development of the country

 

I think maybe something lost in translation here, because it basically says anyone with "high skills" beneficial to Thailand doesn't need a work permit.

A bit vague, but its saying if you are skilled you can now work and be paid for it (otherwise its just a visa issue not labour department issue) without a work permit!

 

That can't be correct translation....

I agree as the rules for getting a work permit in the first place have not been changed.

You will still need to be employed by a legal Thai company to get a work permit. If that company has a contract or branch in another area in Thailand or starts a partnership with another company in the second area it looks like your initial WP will cover you to work there and registration of the work areas will be easier paperwork wise.

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  • 2 weeks later...

Looks like you can now participate in the building of your own home now with a work permit from a construction company, or set up your own company to do it. No doubt there will be other opportunities in other areas you could explore (as long as your paperwork and work permit is correct).

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