Thai Work Permits-what Are They Good For?

[Girlaboutglobe]

I've read quite a few posts that ask part of this question, but so much of the information is either incomplete or conflicted. If anyone can contribute to this topic can we put it all in this thread?

Under what circumstances does one need a work permit?

Obviously if you're living in Thailand and working for a company based in Thailand, but what if:

You're staying in Thailand and are on the payroll of a company that is NOT based here (ie doing research or whatever)?

You're volunteering (ie unpaid)?

You are living in Thailand and are self-employed, for example are a free-lance writer or are buying things in Thailand and selling them on ebay, but do not own or work for any particular company?

There are many circumstances that are not so well-defined and for which the rules seem not to be very clear, I'm sure people can think of more than the three listed above (if so feel free to include them here). Has anybody dealt with any such circumstances and if so would you mind sharing what you've learned?

I'm not personally looking for a work permit at this time, but I'm curious and so far haven't found a source that covers all eventualities. Who knows, I very well may end up in some of the above circumstances at some point, and I'm sure many are already there.

Thanks!!!!

[TerryLH]

I think it's pretty clear. If you do any work in Thailand, paid or unpaid, you need a work permit.

Others will be along shortly to tell how people do work without permits, but they do that illegally.

Will you get caught for every type of work you do without a WP? Probably not, but that's an enforcment issue.

[Crossy]

Yep ^^^ that's pretty well it in a nutshell

ANY form of work requires a WP, period!

Now we go on to talk about staying under the radar etc.

[LivinLOS]

"work" means engaging in work by exerting energy or using knowledge whether or not in consideration of wages or other benefit (section 5 - WORKING OF ALIENS ACT B.E. 2521 (1978)

Even though thats one of the most sloppy definitions in legal history (using the word it defines within the definition is pretty spectacular).. Thats the law.. According to the letter of the law, posting online, doing your pressups, walking the dog, driving your car, doing the crossword.. All need a work permit.

Of course living in Kafka country its not what the law says but what will the prosecute you for thats the real question.

[Girlaboutglobe]

"work" means engaging in work by exerting energy or using knowledge whether or not in consideration of wages or other benefit (section 5 - WORKING OF ALIENS ACT B.E. 2521 (1978)

Even though thats one of the most sloppy definitions in legal history (using the word it defines within the definition is pretty spectacular).. Thats the law.. According to the letter of the law, posting online, doing your pressups, walking the dog, driving your car, doing the crossword.. All need a work permit.

Of course living in Kafka country its not what the law says but what will the prosecute you for thats the real question.

[thaihome]

"work" means engaging in work by exerting energy or using knowledge whether or not in consideration of wages or other benefit (section 5 - WORKING OF ALIENS ACT B.E. 2521 (1978)

Even though thats one of the most sloppy definitions in legal history (using the word it defines within the definition is pretty spectacular).. Thats the law.. According to the letter of the law, posting online, doing your pressups, walking the dog, driving your car, doing the crossword.. All need a work permit.

Of course living in Kafka country its not what the law says but what will the prosecute you for thats the real question.

Keep in mind that is someone's translation of a definition written in Thai. I bet in Thai it is pretty specfic in its meaning, just the translation you are using was slopply written.

TH

[LivinLOS]

"work" means engaging in work by exerting energy or using knowledge whether or not in consideration of wages or other benefit (section 5 - WORKING OF ALIENS ACT B.E. 2521 (1978)

Even though thats one of the most sloppy definitions in legal history (using the word it defines within the definition is pretty spectacular).. Thats the law.. According to the letter of the law, posting online, doing your pressups, walking the dog, driving your car, doing the crossword.. All need a work permit.

Of course living in Kafka country its not what the law says but what will the prosecute you for thats the real question.

Keep in mind that is someone's translation of a definition written in Thai. I bet in Thai it is pretty specfic in its meaning, just the translation you are using was slopply written.

TH

Well you make a good point.. Perhaps one of the better Thai readers on here could find and translate the original text. However if the definition contains the word it is defining all bets are off.

I also feel that Thais tend to like thier laws to be written ambiguously, that way they can be interpreted to fit the situation feudally depending on whom the law is being applied to (or how much they are paying) and not have a one rule for everyone.

[cali4995]

You only need a WP if you're asked to provide one. If you're never asked, then you don't need it.

Even if you're not working, if asked, you will need to provide one. Seriously, the volunteer/charity

example is a good one. Technically, it would appear you need a WP. Even though there may be

many worthy causes you would like to devote some free time for. You're kind of taking a risk.

[stingray]

After my expirience you can do nothing, not even fixing your own car. That's the reason i got cought a year ago. Anyway even sales on ebay you cant' do, because according to the law, farangs can't do sales. Your company can do sales, but you don't, even you have a wp, you can't. But for this kind of work it is better if a local person, girlfriend for example, doing the sales. You still have the financial control if customers pay you in a oversea account.

[Girlaboutglobe]

So then at the end of the day the real story is to either get in bed with a local (metaphorically speaking ), or keep a VERY low profile? I mean sure if you FIT the criteria for obtaining a work permit by all means get one, but unless I'm mistaken it would be next to impossible to get a wp for some of the above scenarios, right?

[Richard84]

hello

if work and dont have a work permit. whats the worst ting that can happen to me ?

[cali4995]

'Worst" would probably be arrested, assets seized including local bank accounts. Held for

interminable amount of time before deportation. Blacklisted for life. I'm sure those in

violation must encounter a range of treatment, but looking at the possible consequences.

[LivinLOS]

So then at the end of the day the real story is to either get in bed with a local

"work" means engaging in work by exerting energy or using knowledge whether or not in consideration of wages or other benefit

Sounds like you may be in violation there !!!