Registration For Illegal Burmese, Lao And Cambodian Migrant Workers

[samran]

We've all heard and probably know migrant workers from these countries who are working under the radar here in Thailand. Most of them are doing the work that most Thai's don't want to do themselves, and most are doing it for minimum wage, under the constant threat arrest, having to pay a relatively large bribe, and if they can't muster the money, deportation.

This month (July 2009) the Thai government has opened up a registration processes so that illegal workers can be formerly registered to stay and work in Thailand. This is likely to be the last year which this is done in this way, as next year Thailand will move to a new, and undefined, system of 'passports' to register undocumented workers. So there is no guarantee when the Thai government will 'open their books' to officially accept more migrant labour.

While the system isn't ideal it offers migrant workers legitimate documentation to stay in Thailand, as well as access to the public health system.

The process is outlined below in english, which is fairly comprehensive.

http://www.mapfoundationcm.org/eng/PDF/eng...stration_09.pdf

The only step this document misses out on (and which is the first 'real' step) is that the migrant worker must have a Thai national prepared to hire them. The Thai national must also have a 'quota' allocated by their local labour office, before that migrant worker can be registered.

Nevertheless, the system is fairly painless (going through the process for our maid as we speak, and have done it before).

So if you are in the position of employing a migrant labourer under the table, now is a really good opportinity to do everyone a favour and legitimise their stay.

Edited July 4, 2009 by samran

[welo]

I am glad to see that information like this is spread on this forum. I live in the border area to Cambodia (Sa Kaeo district) and here you see Cambodian workers all around. Once I tried to cut through a huge Mango tree farm and in the very midst of the plantation I stumbled across the 'tents' of a few Cambodian workers a young couple with a 1 year old baby. They hardly spoke any Thai and probably lived there for months in very very 'basic' living conditions.

Last year I rented a house in a small fruit tree garden and we had a very nice Khmer family as 'neighbours'. They used to work there for many many years (hence speak Thai) and only last year their boss legalized their employment.

I remember one not-so-nice story. A pretty popular Thai band came to play during a 3-day Thai festival. A lot of Cambodians like to come here during these festivals and the vendors are pretty happy about it. The days before this festival there were advertisments that a ticket for Cambodians would cost less than those for Thais, 'wow', I thought, 'that's a pretty fair gesture', though knowing well that this was for economic reasons, nevertheless... In the end, however, they were charged the full price...

I also see the immigration regularly check on pickups and their passengers. I don't really know how this is handled when an illegal worker is found, but I assume it means quite some troubles and an additional financial burden for the worker.

I admit to know little about hiring Cambodian workers and their situation. I assume all the stress of working here illegally is still worth it otherwise they would not be here. But I guess that if you hire a worker yourself you can do him/her a big favor by makeing the employment legal and take the stress of being caught off them.

welo

[Mosha]

Thanks for the explanation Samran. The wife tried to explain it, but sometimes things get lost in translation. Our Burma is legal but is wife isn't so we are sorting that out this month. The legal estimation down here is that there are 2 Burmese for every Thai in Ranong, but there is a lot of jungle as well. The estimate on the streets is about 5 - 1. When we eat out, my wife often gets asked by the Burmese to get them an IC card, and there was a round up recently, and 40 were caught just in the local township. They used to be shipped across the water, but now I believe they are taken up north and sent across the border there.

[samran]

to be honest, I wouldn't have known about the system myself unless we hired a burmese person to work for them, so hopefully my bit of research can help others in this instance, and let people know it isn't that hard to do the right thing.

It is a sad and uncertain set of circumstances that many low skilled migrant workers find themselves in, so in my estimation, a registration scheme like this is a win-win situation for them and the Thai economy. As a Thai collegue said to me the other day "no one from Issan wants to do these jobs anymore".

My only wish is that the system became regluarised, like it is in Singapore, and I understand it, Malaysia. Rather, Thailand has at the moment "will we, won't we undertake another round of registrations" each year that does no-one a service.

Anyway, judging by the demand yesterday at the labour office in my district, there is plenty of demand from Thai's to employ migrant workers. We got there early, and the queue was very long to apply for a 'quota' to employ a migrant labourer. And, the district I live in isn't even popular for migrant labourers! Nevertheless, standing in line with other Thai's who were applying for their quota, I got the feeling that people appriciate the ability to do things legally, rather than wanting/having to employ someone, and then have the cops bribe them 2000 baht each time they are caught without the documents. As one man next to me told me, he has 200 workers he employs, and he jumped at the chance to register them, rather than having to pay off the cops each time. People knock Thai's for being happy to facilitate corruption, but the fact is there are just as many, if not most, who would be happy to do the right thing, if only they could.

Again today, we were down at the district office getting the registration process underway (photo ID, ID number issuance etc) and, again there were alot of people. Clearly Thailand needs migrant labour of this type.

[onnut]

my wife is going through the process of sorting this out for our maid who is from Burma, we tried last year but was told that the quota was full, we hope to have better luck this time. our maid has been with us for three years and is doing a great job so we want to make it better for her. I spoke to a top immigration guy introduced by a friend and he said not to bother as she will only up and leave to go where she likes as she would then be legal to work in Thailand, I dont think she will do that so we will go ahead and get her legal.

[samran]

my wife is going through the process of sorting this out for our maid who is from Burma, we tried last year but was told that the quota was full, we hope to have better luck this time. our maid has been with us for three years and is doing a great job so we want to make it better for her. I spoke to a top immigration guy introduced by a friend and he said not to bother as she will only up and leave to go where she likes as she would then be legal to work in Thailand, I dont think she will do that so we will go ahead and get her legal.

interested to see how it all goes for you.

I'm no expert on it, but as I understand you can't ask for a "quota" most of the year if you are trying to hire someone who doesn't already have work papers. They'll only issue a quota (as I understand it) if the worker already has papers and is looking to change employers.

now during July that they have opened up the registration for undocumented workers, anyone can apply for (and get) a quota to hire a migrant worker.

In terms of the worker moving on, I think it is harder to do than it appears. To move their documentation legally to a new employer, they must have permission from their old employer, and of course, an employer willing to sponser them.

The good thing about the process too is that immigration people aren't involved (at least where I am). I've only had to deal with the district labour office (to apply for the quota and work permit) and the local district (who register them and take their photo for the ID card). All has been done willingly, and thus far, without any under the table monies asked for.

[yezdi]

hi,

can anyone please advise me

1) which office I have to go for getting quota first, any documents to bring with me

as i am living in bangrak area..pls advise which office is suitable for me.

also

2) for applying that quota do i have to bring my maids to show them or I can go first(employer) to get the quota document from them.

3)I am thai national, can i get 2 quota for 2 illegal migrant workers.

4)how many quota they give for a thai national

5) i am planning to go on the 8th july (is it working day) any tips like going early and get queue no or something that helps a lot.

please advise indeed, your help is much appreciated.thanks.

-somchai

my wife is going through the process of sorting this out for our maid who is from Burma, we tried last year but was told that the quota was full, we hope to have better luck this time. our maid has been with us for three years and is doing a great job so we want to make it better for her. I spoke to a top immigration guy introduced by a friend and he said not to bother as she will only up and leave to go where she likes as she would then be legal to work in Thailand, I dont think she will do that so we will go ahead and get her legal.

interested to see how it all goes for you.

I'm no expert on it, but as I understand you can't ask for a "quota" most of the year if you are trying to hire someone who doesn't already have work papers. They'll only issue a quota (as I understand it) if the worker already has papers and is looking to change employers.

now during July that they have opened up the registration for undocumented workers, anyone can apply for (and get) a quota to hire a migrant worker.

In terms of the worker moving on, I think it is harder to do than it appears. To move their documentation legally to a new employer, they must have permission from their old employer, and of course, an employer willing to sponser them.

The good thing about the process too is that immigration people aren't involved (at least where I am). I've only had to deal with the district labour office (to apply for the quota and work permit) and the local district (who register them and take their photo for the ID card). All has been done willingly, and thus far, without any under the table monies asked for.

[samran]

hi,

can anyone please advise me

1) which office I have to go for getting quota first, any documents to bring with me

as i am living in bangrak area..pls advise which office is suitable for me.

also

2) for applying that quota do i have to bring my maids to show them or I can go first(employer) to get the quota document from them.

3)I am thai national, can i get 2 quota for 2 illegal migrant workers.

4)how many quota they give for a thai national

5) i am planning to go on the 8th july (is it working day) any tips like going early and get queue no or something that helps a lot.

please advise indeed, your help is much appreciated.thanks.

1) You have to go to the labour office which covers the district which you live. Best to ask at your Ampur and they will tell you. Copy of ID card, copy of Tabieen Baan. Drawn map of your house. They will need to know what you need to hire them for, either for being a house maid, or for commerical reasons (diffeerent application forms). If a business is hiring them, you need the tax documents as I recall.

2) You can go yourself. We took our maid, but only did that as once we had applied for the quota.

3) Two should be fine ie one for cleaning/cooking, one as a nanny (for example). You'll need to write on the application form what you'll need them for.

4) Don't know. You'll need to ask.

5) Go early is the best. Then you can then go to your Ampur to start the registeration process for the migrant worker.

[samran]

just an update on this, for completeness of the thread.

Our maid went to get her health check a few weeks back, and at the same time applied for and received a government insurance card, which gives her access to the public hospital system here now.

This morning, after receiving an approved quota to hire her in the mail, we went to apply for the work permit at my local labour office. Documentation required is basically a copy of the medical report, a copy of the quota approval, a copy of her registration made by the Ampur and 1900 baht for the application.

We'll be notified in coming weeks on when to come back and pick up the card.

In terms of this year being the final year for this particular registration system, it appears to be true.

The labour office (very well run and managed by the way) gave us a new form to fill in and return by Feb 2010. It is a 'nationality checking document' which our maid needs to submit, and in return, she'll receive (we think) a burmese passport which will allow her to travel freely and legally between Thailand and Burma, so long as her status here is legal. She won't have to go to burma, we think, to pick it up.

But, all in all, our maid is now fully legal here now, which is a relief to all.

[Charis]

Hi I need some advice and hope someone can help. Our Burmese maid just got her temp passport, and she was told she needs to get her work permit done in a month. She had a previous quota but now I will like to get her quota under my name, to get everything done right. I called the dept of labour and was given a couple of numbers which all din work. So desperately need advice.

1. How do I find out which labour office to go to? I live in Wang thong Lang.

2. We are not Thai, and are renting, meaning no house registration. Can we still get quota?

3. If we do get the quota done, where should we go to to do the work permit?

If I can't get that straighten out, I guess I will have to hire an agency to do it for us, but if possible, I will like to do it myself. Any advice appreciated! Thanks.

just an update on this, for completeness of the thread.

Our maid went to get her health check a few weeks back, and at the same time applied for and received a government insurance card, which gives her access to the public hospital system here now.

This morning, after receiving an approved quota to hire her in the mail, we went to apply for the work permit at my local labour office. Documentation required is basically a copy of the medical report, a copy of the quota approval, a copy of her registration made by the Ampur and 1900 baht for the application.

We'll be notified in coming weeks on when to come back and pick up the card.

In terms of this year being the final year for this particular registration system, it appears to be true.

The labour office (very well run and managed by the way) gave us a new form to fill in and return by Feb 2010. It is a 'nationality checking document' which our maid needs to submit, and in return, she'll receive (we think) a burmese passport which will allow her to travel freely and legally between Thailand and Burma, so long as her status here is legal. She won't have to go to burma, we think, to pick it up.

But, all in all, our maid is now fully legal here now, which is a relief to all.

[samran]

to be honest I never got to the bottom of whether there is a process for foreginer to hire a worker under the migrant labour scheme. Having said that, I can't see why not.

Work permits are done at the labour office. It will just depend on your district. Best to simply head down to the ampur and ask to point you in the right direction to the labour office you need to attend, or if you are working, get your secretary to call around to locate where you need to go.

[Charis]

Jus reporting back on this... Finally got it all done, after two trips to the employment office, two trips to the labour office .. Gosh, it was work! At one point, they even asked for the translated rental agreement! I refused.

All paperwork done, now waiting for the actual card to arrive!

So this can be done for foreigners employing Burmese maids, they can be fully legal, under employer name. It's a relief for all of us plus maid.

Seriously if the process was a little easier, it will motivate foreigners staying here to make their maids legal... Everything everywhere was in Thai. Every office I walked into had only Thai signs, I had huge headaches since I can barely read Thai. ....

[Mugg]

Jus reporting back on this... Finally got it all done, after two trips to the employment office, two trips to the labour office .. Gosh, it was work! At one point, they even asked for the translated rental agreement! I refused.

All paperwork done, now waiting for the actual card to arrive!

So this can be done for foreigners employing Burmese maids, they can be fully legal, under employer name. It's a relief for all of us plus maid.

Seriously if the process was a little easier, it will motivate foreigners staying here to make their maids legal... Everything everywhere was in Thai. Every office I walked into had only Thai signs, I had huge headaches since I can barely read Thai. ....

Excuse my ignorance on this subject , why is a Burmese maid preferred over a local Thai maid ?

[samran]

Jus reporting back on this... Finally got it all done, after two trips to the employment office, two trips to the labour office .. Gosh, it was work! At one point, they even asked for the translated rental agreement! I refused.

All paperwork done, now waiting for the actual card to arrive!

So this can be done for foreigners employing Burmese maids, they can be fully legal, under employer name. It's a relief for all of us plus maid.

Seriously if the process was a little easier, it will motivate foreigners staying here to make their maids legal... Everything everywhere was in Thai. Every office I walked into had only Thai signs, I had huge headaches since I can barely read Thai. ....

Excuse my ignorance on this subject , why is a Burmese maid preferred over a local Thai maid ?

Many of them speak English. And frankly, many of them do a much better job. Our last Burmese maid I paid 10,000 baht per month, gave her health insurance for her and her daughter (above and beyond the social security version) and gave her a multi-month annual bonus. She was worth it and I only wish I could have paid her more!

From a work permit perspective, best to get them formalised as it gives them access to the Thai social services, most importantly health care.

To charis - good work, you've shown it can be done. If you can read Thai, it actually isn't too hard I guess!

Edited April 4, 2011 by samran

[samran]

Just to revive this thread a little:

Dec 2011 to Jan 2012.

Well our maid's original 2 year WP expired mid Jan, so December was all about getting it renewed for another 2 years. Basic steps for anyone going through the renewal process is:

1) update your 'quota' by getting a new letter from the department of labour office in your district so that you are eligible to hire a foreign Cambodian, Lao or Burmese worker

2) In the case of the Burmese, they need to update/extend their temporary passports at the Burmese embassy in Bangkok (if you are employing Lao or Cambodian workers, ask at the Labour office if this step is necessary)

3) Worker needs to get a health check at an assigned hospital and pay for extended government health insurance (can't remember the cost, but not much)

4) Head to Suan Phlu to get their visa extended for another 2 years

5) Head to the labour office in Din Daeng to get their work permit for another 2 years.

My maid completed this all by herself with only a power of attorney form signed by me. The one spanner in the works seems to be that the Labour department are so overloaded that they won't be able to issue her with a ID card tell December 2012. In the meantime though she has interim papers which make her stay and work rights valid.

Hope this is of use to someone....