April 6, 200917 yr I read that those on married visa can work What is your views on me 1 Doiing construction and gardenning on my wifes home? 2Voluntary teaching 3 Paid teaching at local Rajabhat 4 Self employment I think theres a list of prohibited /allowed jobs French 5 Being an employee of my wife ,do we need incorporation work permits etc for all any of the above I do not need the income but have been warned doing voluntary work even could break the rules Thanks again guys for all your help in the past I used to think the problem was language but my wife has sniffed at the law books but the keep varying and interpretation varies Hence the value of this forum to us all Chok dee
April 6, 200917 yr Yes, all work, inclusing volunteer work, needs a work permit and some jobs are not open to foreigners. For example you are not allowed behind the counter of a store. For more information have a look here: http://www.boi.go.th/english/how/legal_iss...n_investors.asp Most is for investors, bur gives some useful information for employees too.
April 6, 200917 yr Fact your married to a Thai does not help you in the labour office as you still need a workpermit to legaly work in Thailand. Department of employment in Thai : http://122.154.5.7/workpermit/index.html http://www.doe.go.th/workpermit/index.html Edited April 6, 200917 yr by brianinbangkok
April 6, 200917 yr The wording of your work permit shows what you can do. From memory, the wording is usually vague and can be quite extensive to cover most eventualities. Thus, someone who had a hotel, might not legally be able to take money but he would be able to manage the taking of money and thus would be allowed to train someone who was to handle money meaning that, in the course of training, he would actually have to do the job he was not allowed to do. His work permit might have to state his capacity as a trainer and manager. It is a minefield and I believe that even the best worded permits are void if the authorities want to make a problem for you. The law is an ass in this area. I don't think gardening and the like are a problem but they could technically fall foul of the labour laws. As could giving your missus a massage, cutting your own toe nails and washing your own hair as there are Thai people who could do this for you and therefore you are presumably denying them an income by doing it yourself.
April 6, 200917 yr The wording of your work permit shows what you can do. From memory, the wording is usually vague and can be quite extensive to cover most eventualities. Thus, someone who had a hotel, might not legally be able to take money but he would be able to manage the taking of money and thus would be allowed to train someone who was to handle money meaning that, in the course of training, he would actually have to do the job he was not allowed to do. His work permit might have to state his capacity as a trainer and manager.It is a minefield and I believe that even the best worded permits are void if the authorities want to make a problem for you. The law is an ass in this area. I don't think gardening and the like are a problem but they could technically fall foul of the labour laws. As could giving your missus a massage, cutting your own toe nails and washing your own hair as there are Thai people who could do this for you and therefore you are presumably denying them an income by doing it yourself. Any work on the house...including building of...car washing gardening is all OK...so go ahead and be a house husband....
April 6, 200917 yr The wording of your work permit shows what you can do. From memory, the wording is usually vague and can be quite extensive to cover most eventualities. Thus, someone who had a hotel, might not legally be able to take money but he would be able to manage the taking of money and thus would be allowed to train someone who was to handle money meaning that, in the course of training, he would actually have to do the job he was not allowed to do. His work permit might have to state his capacity as a trainer and manager.It is a minefield and I believe that even the best worded permits are void if the authorities want to make a problem for you. The law is an ass in this area. I don't think gardening and the like are a problem but they could technically fall foul of the labour laws. As could giving your missus a massage, cutting your own toe nails and washing your own hair as there are Thai people who could do this for you and therefore you are presumably denying them an income by doing it yourself. Any work on the house...including building of...car washing gardening is all OK...so go ahead and be a house husband.... Im not sure that is entirely accurate Pat. According to Thai labor law, the definition of work is "exerting effort" and "employing knowledge", "whether or not for wages or other benefits", and is based on the individual, not employment as in some other countries. Any foreigner who works in Thailand in any capacity, whether in paid or voluntary work must have a work permit from the Department of Employment, Ministry of Labour. The only exception to this is for diplomats, foreigners who work for the United Nations or certain other international agencies, and a small number of other categories. The official definition of work is "to engage in work by exerting energy or using knowledge whether or not in consideration of wages or other benefits" (Source: Ministry of Labour). Punishments for those ignoring this law include fines, imprisonment and deportation from Thailand. Any employer ignoring this law can also be imprisoned and/or fined. Edited April 6, 200917 yr by neverdie
April 6, 200917 yr You are not allowed to work without a Work Permit. Just sit back and put your feet up. Let the little lady take the strain.
April 6, 200917 yr The wording of your work permit shows what you can do. From memory, the wording is usually vague and can be quite extensive to cover most eventualities. Thus, someone who had a hotel, might not legally be able to take money but he would be able to manage the taking of money and thus would be allowed to train someone who was to handle money meaning that, in the course of training, he would actually have to do the job he was not allowed to do. His work permit might have to state his capacity as a trainer and manager.It is a minefield and I believe that even the best worded permits are void if the authorities want to make a problem for you. The law is an ass in this area. I don't think gardening and the like are a problem but they could technically fall foul of the labour laws. As could giving your missus a massage, cutting your own toe nails and washing your own hair as there are Thai people who could do this for you and therefore you are presumably denying them an income by doing it yourself. Any work on the house...including building of...car washing gardening is all OK...so go ahead and be a house husband.... Im not sure that is entirely accurate Pat. According to Thai labor law, the definition of work is "exerting effort" and "employing knowledge", "whether or not for wages or other benefits", and is based on the individual, not employment as in some other countries. Any foreigner who works in Thailand in any capacity, whether in paid or voluntary work must have a work permit from the Department of Employment, Ministry of Labour. The only exception to this is for diplomats, foreigners who work for the United Nations or certain other international agencies, and a small number of other categories. The official definition of work is "to engage in work by exerting energy or using knowledge whether or not in consideration of wages or other benefits" (Source: Ministry of Labour). Punishments for those ignoring this law include fines, imprisonment and deportation from Thailand. Any employer ignoring this law can also be imprisoned and/or fined. While true, you should not forget the context the law is writen in. Ther is a big grey area, but it doesn't mean I need a WP to do my own garden or do the dishes at home.
April 7, 200917 yr The wording of your work permit shows what you can do. From memory, the wording is usually vague and can be quite extensive to cover most eventualities. Thus, someone who had a hotel, might not legally be able to take money but he would be able to manage the taking of money and thus would be allowed to train someone who was to handle money meaning that, in the course of training, he would actually have to do the job he was not allowed to do. His work permit might have to state his capacity as a trainer and manager.It is a minefield and I believe that even the best worded permits are void if the authorities want to make a problem for you. The law is an ass in this area. I don't think gardening and the like are a problem but they could technically fall foul of the labour laws. As could giving your missus a massage, cutting your own toe nails and washing your own hair as there are Thai people who could do this for you and therefore you are presumably denying them an income by doing it yourself. Any work on the house...including building of...car washing gardening is all OK...so go ahead and be a house husband.... Im not sure that is entirely accurate Pat. According to Thai labor law, the definition of work is "exerting effort" and "employing knowledge", "whether or not for wages or other benefits", and is based on the individual, not employment as in some other countries. Any foreigner who works in Thailand in any capacity, whether in paid or voluntary work must have a work permit from the Department of Employment, Ministry of Labour. The only exception to this is for diplomats, foreigners who work for the United Nations or certain other international agencies, and a small number of other categories. The official definition of work is "to engage in work by exerting energy or using knowledge whether or not in consideration of wages or other benefits" (Source: Ministry of Labour). Punishments for those ignoring this law include fines, imprisonment and deportation from Thailand. Any employer ignoring this law can also be imprisoned and/or fined. While true, you should not forget the context the law is writen in. Ther is a big grey area, but it doesn't mean I need a WP to do my own garden or do the dishes at home. Can you provide documentary evidence of that?
April 7, 200917 yr While true, you should not forget the context the law is writen in. Ther is a big grey area, but it doesn't mean I need a WP to do my own garden or do the dishes at home. Can you provide documentary evidence of that? In the first place it is commensense to look at a law in whole to determine what the law is about and what it wants to regulate and what not. The alien labour act defines work as follows: "work" means engaging in work by exerting energy or using knowledge whether or not in consideration of wages or other benefit;" The word "engaging" is of importance here, but also the wording of the other articles. Do you realy believe this act wants to regulate the fact if you can wash your own dishes or not?
April 7, 200917 yr In the first place it is commensense to look at a law in whole to determine what the law is about and what it wants to regulate and what not.The alien labour act defines work as follows: "work" means engaging in work by exerting energy or using knowledge whether or not in consideration of wages or other benefit;" The word "engaging" is of importance here, but also the wording of the other articles. Do you realy believe this act wants to regulate the fact if you can wash your own dishes or not? But this Act was also surely not drafted to exclude "work" pertaining to the running of your condo or condos yet this very same Act is being used against some chap in Phuket for doing exactly that. Given that level of stupidity, poor drafting and even worse implementation, the Act could be used against you for just about anything, including cleaning your car or doing your own dishes. It is a shambles and needs serious review.
April 7, 200917 yr In the first place it is commensense to look at a law in whole to determine what the law is about and what it wants to regulate and what not.The alien labour act defines work as follows: "work" means engaging in work by exerting energy or using knowledge whether or not in consideration of wages or other benefit;" The word "engaging" is of importance here, but also the wording of the other articles. Do you realy believe this act wants to regulate the fact if you can wash your own dishes or not? But this Act was also surely not drafted to exclude "work" pertaining to the running of your condo or condos yet this very same Act is being used against some chap in Phuket for doing exactly that. Given that level of stupidity, poor drafting and even worse implementation, the Act could be used against you for just about anything, including cleaning your car or doing your own dishes. It is a shambles and needs serious review. It will be interesting to see what the charge exactly will be and how the court will deal with it.
April 7, 200917 yr It will be interesting to see what the charge exactly will be and how the court will deal with it. I agree. More worrying is that this law can be used as a weapon which renders you in jail. Even in my old days in Mallorca and the effective WP La Residencia (I think it was called), there was never any real issue with not having one and certainly, even amongst the semi corrupt Mallorca police, there was never the threat of jail hanging over anyone's head and certainly not for doing some simple administrative paperwork.
April 8, 200917 yr While true, you should not forget the context the law is writen in. Ther is a big grey area, but it doesn't mean I need a WP to do my own garden or do the dishes at home. Can you provide documentary evidence of that? In the first place it is commensense to look at a law in whole to determine what the law is about and what it wants to regulate and what not. The alien labour act defines work as follows: "work" means engaging in work by exerting energy or using knowledge whether or not in consideration of wages or other benefit;" The word "engaging" is of importance here, but also the wording of the other articles. Do you realy believe this act wants to regulate the fact if you can wash your own dishes or not? Mario, YOU should know better, this is Thailand remember & the law will be used and manipulated whenever there is a chance to make a few baht by it. Sad but true. I am not suggesting that the BIB is going to kick his door down & spring him for washing dishes, but it would only take one anti-farang neighbour or member of the local govt mafia to see him laying concrete paths around his house & he may at least be up for some serious tea money.
April 8, 200917 yr With reference to that Canadian guy that is currently having some WP difficulties, is it true that you can only have 1 condo in your own name? And not several?
April 8, 200917 yr You are not allowed to work without a Work Permit.Just sit back and put your feet up. Let the little lady take the strain. That's my take on it exactly. "Darling would you bring me another cold beer? I would get it myself but I don't have a work permit".
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