Understanding The New Work Permit Law

[sriracha john]

Understanding the new work permit law

Most foreigners working in Thailand are well aware that they need a visa and work permit to stay and work in the country. Yet, they find the law and regulations rather complicated and difficult to comprehend, especially with immigration rules dramatically evolving in the past few years and posing a challenge to the status of many expatriates. Unfortunate expats who either lacked knowledge or failed to keep track of developments in immigration and labour laws and practices have paid a price for their oversight or negligence. On Feb 23, 2008, the law governing work permits (Working of Aliens Act) generated much attention when it emerged to replace its 30-year-old predecessor. Although the implementation of the major part of this new law has been delayed pending the issuing of several ministerial regulations, it would be prudent for working aliens to familiarise themselves with some key changes. The greatest point of interest is the punishment imposed on both employer and employee for an employee working without a work permit. The new Act imposes a heavy fine ranging from 2,000 to 100,000 baht upon a violating [alien] employee, significantly increased from 5,000 baht, and/or a five-year term of imprisonment, increased from three years. An employer hiring an alien without a work permit will face high fine of 10,000 to 100,000 baht, although the former three-year imprisonment has been eliminated. Labour officials are now empowered to arrest (without a warrant) any alien suspected of working without a work permit. Depending on one's point of view, the penalties seem to be harsher for employees and lighter for employers. The new law will allow any alien worker who pleads guilty and voluntarily leaves Thailand within 30 days to be fined without a trial. The new work permit fee is 20,000 baht. Renewal will cost the

Continued here:

http://www.bangkokpost.com/180708_Business...l2008_biz42.php

[PeaceBlondie]

The author of the news article - an attorney - concludes the new law is more liberal. A two year permit is more liberal than a one year permit but the second year appears to be optional. The highly increased fee for the permit is much more burdensome, and I do not see in this article that the fee is less than 20K, as hoped. The deportation tax is new and it will probably encourage the government to catch more violators (using money paid by the law abiders - do I have that right?). Giving zero days or a mere 7 days for the unemployed legal worker to leave the country is onerous, and generates 1,900 baht to Immigration to issue a "GET OUT OF THAILAND" card.

I will only comment about foreign teachers (the honest ones, who do not drink or whore or fiddle, who often have Thai families and are here on legal visas). Added to the imminent imposition of totally asinine laws imposed by the education agencies, it appears these new laws will drive hundreds and thousands of good teachers out of the Kingdom, making the English programs even worse or non-existent. Congratulations to the bureaucrats and legislators of Thailand for running off thousands of aliens, including those who made half-Thai babies.

[sriracha john]

Furthermore, it severely drives down the opportunities for volunteering with the huge jump in fees. I was willing to pay my own way before when it was a few thousand, but 20,000? to volunteer? Will agencies be willing to fork over the 20,000 per volunteer in addition to the 10,000 for each "non-expert."

It does seem the punishments should also severely discourage those that are volunteering without work permits, although some will still, no doubt, discount any possibility of enforcement. However, between the gigantic rise in the fines and lengthier prison terms possible, coupled with "Labour officials are now empowered to arrest (without a warrant) any alien suspected of working without a work permit", there certainly is a tremendous amount more on the line and perhaps now even the most staunchest of work permit-less volunteers will reconsider their choices.

Also, as PB points out, with the Deportation Fund, there's more incentive for the active enforcement of the new laws.

[Mario2008]

The question remains if the new WP will indeed be 20,000. Under the old act they could charge 10,000, but kept it at 3,100.

[mopenyang]

I recall reading elsewhere that teachers will be exempt from the 20,000 baht fee but no particulars and no citation were provided.

If not, who will be the last teacher standing?

[sibeymai]

As has been said before elsewhere in many forums Thailand does not want foreigners here. We shake things up too much when we try to emulate Singapore and Malaysia's progress. let's face it, the elite in Thailand want thais to work in their factories for 250bt a day. Don't need foreigners encouraging Thais to aspire to more. the rich gettting richer and the poor merely existing is exactly how they want to keep it. Besides, when the rich Thais can't make money off the poor Thais they can always invest in Vietnam, Cambodia, Myanmar or China. Who needs Thais, or foreigners for that matter.

If you haven't got millions of dollars to give us, go away and let us exploit our own people.

[NotNew2You]

The basic unfairness is that the penalties for breaking the law regarding working w/o a permit are not equal. Basically, for the employee, there is both civil (money) and criminal (incarceration) penalties, while for the employer, it's just a civil penalty. Basically, the employer can always buy their way out of the situation but the lowly employee may or may not be able too.

The fees of B 20k are just ridiculous also. Not even to mention the previously free 7-day visa extension upon a change in working status now costing the standard visa-extension fee of B 1900.

For those on corporate packages, where all this is done by their secretaries or assistants and paid for by the company, fine. However, for those with small businesses or employed by small firms, it's all too much. However, nothing will change for the better until expatriate workers start leaving in droves and the country loses their expertise to Vietnam, Cambo, Singapore, Philippines, and India.

[PeaceBlondie]

Could somebody please provide a link to Sunbelt Asia's analysis of the new labour law with the old law? I could not find it. It might list an exemption for teachers or for government schools.

//added: whilst we are at it, we might check if Sunbelt Asia mentioned a gradnfather clause, or an ex post facto prohibition, or a special exemption for Rotary, Lions, or various NGO's

[sibeymai]

The basic unfairness is that the penalties for breaking the law regarding working w/o a permit are not equal. Basically, for the employee, there is both civil (money) and criminal (incarceration) penalties, while for the employer, it's just a civil penalty. Basically, the employer can always buy their way out of the situation but the lowly employee may or may not be able too.

The fees of B 20k are just ridiculous also. Not even to mention the previously free 7-day visa extension upon a change in working status now costing the standard visa-extension fee of B 1900.

For those on corporate packages, where all this is done by their secretaries or assistants and paid for by the company, fine. However, for those with small businesses or employed by small firms, it's all too much. However, nothing will change for the better until expatriate workers start leaving in droves and the country loses their expertise to Vietnam, Cambo, Singapore, Philippines, and India.

"losing their expertise" ? It's already happening.

Of course the lawmakers want to absolve the employers from criminal penalties. They are one and the same.

[Tywais]

Could somebody please provide a link to Sunbelt Asia's analysis of the new labour law with the old law? I could not find it. It might list an exemption for teachers or for government schools.

I believe it is this topic. The comparisons are in the first post .pdf file.

[stepenwolf1958]

BRAVO...Absolutely agree...With any single word you said here...Teaching license course would be some 80 000 Bht and plus work permit 20 000....Anybody in Thai government have a brain?Any of them LOVE this country?According to this all-they even don't CARE for their Kingdom...For how big income they will be short,it is better ANYBODY in Government sit and count it as well...

The author of the news article - an attorney - concludes the new law is more liberal. A two year permit is more liberal than a one year permit but the second year appears to be optional. The highly increased fee for the permit is much more burdensome, and I do not see in this article that the fee is less than 20K, as hoped. The deportation tax is new and it will probably encourage the government to catch more violators (using money paid by the law abiders - do I have that right?). Giving zero days or a mere 7 days for the unemployed legal worker to leave the country is onerous, and generates 1,900 baht to Immigration to issue a "GET OUT OF THAILAND" card.

I will only comment about foreign teachers (the honest ones, who do not drink or whore or fiddle, who often have Thai families and are here on legal visas). Added to the imminent imposition of totally asinine laws imposed by the education agencies, it appears these new laws will drive hundreds and thousands of good teachers out of the Kingdom, making the English programs even worse or non-existent. Congratulations to the bureaucrats and legislators of Thailand for running off thousands of aliens, including those who made half-Thai babies.

[stepenwolf1958]

BRILIANT Analyze...[quote name='sibeymai' date='2008-07-18 20:19:06' post='2094571']

As has been said before elsewhere in many forums Thailand does not want foreigners here. We shake things up too much when we try to emulate Singapore and Malaysia's progress. let's face it, the elite in Thailand want thais to work in their factories for 250bt a day. Don't need foreigners encouraging Thais to aspire to more. the rich gettting richer and the poor merely existing is exactly how they want to keep it. Besides, when the rich Thais can't make money off the poor Thais they can always invest in Vietnam, Cambodia, Myanmar or China. Who needs Thais, or foreigners for that matter.

If you haven't got millions of dollars to give us, go away and let us exploit our own people.