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What Happens If You Work Without A Work Permit?


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So I know the short answer that many people will give: you should get a work permit. Ok, check. But I've come across varying information on what exactly happens to you, usually, if you're caught working without a work permit, and also on how often this actually happens.

What's the deal? And how is the government's current need for money and most recent backwards thinking likely to affect this?

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While most people will tell you a horror story about spending time behind bars in an immigration detention centre, it all comes down to what visa you are on. If you are on a tourist or retirement visa, then you are violating immigration and labour laws and will spend time in prison until your trial and deportation (at your expense). If you are on any other Non immigrant visa, then you are only violating labour laws and it will probably result in a court case and a huge fine (maybe a some jail time). Bear in mind that if you get a criminal conviction, then you will still face deportation and possible black listing.

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george posted the consequences back in 2003... it hasn't changed since (too bad search doesn't work anymore otherwise I'd post the direct quote, but, anyway the crux of it are that repercussions can include any (or all) of the below:

Fine

Jail

Deportation

Blacklisting

Edited by sriracha john
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I am aware of a recent case in Pattaya, within the past few weeks, the person in question was sitting in an office area using a computer to check emails. The office is prepared for his business operation but is not yet trading, no product to sell, no staff on duty. Immigration police visited him and asked to see his WP4, his legal 'team' had not yet provided it, he was heavily fined and advised very clearly not to appear to be working until his WP is in place.

There is some speculation that someone that was aware that he did not have a WP at the time tipped off the immigration police, there is also speculation that money changed hands. But there is no proof that can be offered.

For the OP the issue to consider is will someone stand to gain from you being busted in such a situation? If that is the case, you need to consider the impact of being asked to pay a large fine or being black listed and deported if you can not pay the 'fine'.

You should also consider that your working might be seen by some as taking a job away from a Thai, there is a line that is seen to have been crossed if you are taking rice from another's meal bowl!

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3. Aliens who are in the Kingdom of Thailand and wish to work in the Kingdom must comply with the following:

- An alien who wishes to apply for a work permit under the Board of Investment (BOI) law or other similar commercial laws must file an application for a work permit within 30 days from the date he/she is allowed to work under such law. (Any violation thereof shall be liable to a fine not exceeding one 1,000 Baht)

- An alien who lives in the Kingdom or receives a non-immigrant VISA to live in the Kingdom can work in Thailand after having received a work permit. (Any violation thereof shall make the employee liable to imprisonment for a term not exceeding 3 months, or to a fine not exceeding 5,000 Baht, or to both penalties)

- An alien who performs work that is prescribed by the Royal Decree B.E. 2522 which prohibits alien employment in certain occupations and professions is liable to imprisonment for a term not exceeding 5 years or to a fine from 2,000 to 100,000 Baht, or both penalties.

char124.gif

Source: Ministry of labour

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So I know the short answer that many people will give: you should get a work permit. Ok, check. But I've come across varying information on what exactly happens to you, usually, if you're caught working without a work permit, and also on how often this actually happens.

What's the deal? And how is the government's current need for money and most recent backwards thinking likely to affect this?

Hope your question has been answered and you fully understand :o

Edited by Artisi
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3. Aliens who are in the Kingdom of Thailand and wish to work in the Kingdom must comply with the following:

- An alien who wishes to apply for a work permit under the Board of Investment (BOI) law or other similar commercial laws must file an application for a work permit within 30 days from the date he/she is allowed to work under such law. (Any violation thereof shall be liable to a fine not exceeding one 1,000 Baht)

- An alien who lives in the Kingdom or receives a non-immigrant VISA to live in the Kingdom can work in Thailand after having received a work permit. (Any violation thereof shall make the employee liable to imprisonment for a term not exceeding 3 months, or to a fine not exceeding 5,000 Baht, or to both penalties)

- An alien who performs work that is prescribed by the Royal Decree B.E. 2522 which prohibits alien employment in certain occupations and professions is liable to imprisonment for a term not exceeding 5 years or to a fine from 2,000 to 100,000 Baht, or both penalties.

char124.gif

Source: Ministry of labour

Reading this it states:

"“ Work ” means to engage in work by exerting energy or using knowledge whether or not in consideration of wages or other benefits."

Does this mean that us farangs need to quit thinking?

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3. Aliens who are in the Kingdom of Thailand and wish to work in the Kingdom must comply with the following:

- An alien who wishes to apply for a work permit under the Board of Investment (BOI) law or other similar commercial laws must file an application for a work permit within 30 days from the date he/she is allowed to work under such law. (Any violation thereof shall be liable to a fine not exceeding one 1,000 Baht)

- An alien who lives in the Kingdom or receives a non-immigrant VISA to live in the Kingdom can work in Thailand after having received a work permit. (Any violation thereof shall make the employee liable to imprisonment for a term not exceeding 3 months, or to a fine not exceeding 5,000 Baht, or to both penalties)

- An alien who performs work that is prescribed by the Royal Decree B.E. 2522 which prohibits alien employment in certain occupations and professions is liable to imprisonment for a term not exceeding 5 years or to a fine from 2,000 to 100,000 Baht, or both penalties.

char124.gif

Source: Ministry of labour

Reading this it states:

"“ Work ” means to engage in work by exerting energy or using knowledge whether or not in consideration of wages or other benefits."

Does this mean that us farangs need to quit thinking?

greensmilies-024.gif

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What's the deal? And how is the government's current need for money and most recent backwards thinking likely to affect this?

I don't quite get your logic? With down turn in the World Economy and subsequent job losses in Thailand, it will now be more risky, not less, to be illegally making money in Thailand. The deal is, you will get got.

The 'governement' is still open to investors who can create jobs for Thais. If you are a 'saviour' who is creating employment, why do it illegally?.

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