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What Constitutes Work ?


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I have a non imm O and get 12 month extensions each year. I earn money from outside of Thailand from my "online" business. I say online because the business does not have a physical location as a base and I handle everything via email from my laptop.

My question is - by sending and receiving emails and taking the odd phone call, does this constitute working as far as the Thai authorities are concerned ?

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Technically it is work but many stay under the raidar.

The definition of work from the Dept. of Employment http://www.doe.go.th/service3_en.aspx

1. Definition

“Alien” means a natural person who is not of Thai nationality; “ Work ” means to engage in work by exerting energy or using knowledge whether or not in consideration of wages or other benefits.

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Technically it is work but many stay under the raidar.

OK Thanks, but let's say I want to change my visa so that I am allowed to "work".

I cannot apply for a work permit as I have no job. Is there another visa class out there that allows aliens to be involved in an overseas business where they would not violate the definition of work ?

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In my opinion it all depends on how you put it. If you say you are working, you need a work permit. If you are writing emails to your friends and acquintances, receive emails from them and reply to them, chat with them on the phone, read the news online and browse other websites, but you are not working, and you don’t say you are working, I see no problem for doing so without a work permit.

--

Maestro

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Technically it is work but many stay under the raidar.

The definition of work from the Dept. of Employment http://www.doe.go.th/service3_en.aspx

1. Definition

“Alien” means a natural person who is not of Thai nationality; “ Work ” means to engage in work by exerting energy or using knowledge whether or not in consideration of wages or other benefits.

Sounds good, I'll just have to convince the missus that I'm not allowed to do any housework when we move to Thailand.

Brigante7.

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Technically it is work but many stay under the radar.

Lite Beer sums it up. Back in the UK I was a proof reader for a printing company and I still keep my hand in by doing online proofing for various entities back home. Not a full time situation but it helps pay the bills. I work from home. Needless to say I haven't got a Thai W/P.

Basically here nobody apart from my wife knows what I do.

So if your business isn't a "visible" one (as in somebody operating a language centre from their home) and you're not down the pub telling all and sundry what you do the only way you're going to get any flak is if you physically walk up to the authorities and say "I'm working from home without a W/P"

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No. For work you need a work permit and for a work permit you need a Thai based company.

Well....if he is based here, then technically it might be considered Thai based, yes?

Yes but then he has to set up a company and all that goes with it.

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So what visa do you guys recommend for this situation??? I am in a very similar situation and need to sort out a new visa soon. Thanks in advance

As you will not be declaring yourself as working you can get any Visa you qualify for.

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1. Definition

“Alien” means a natural person who is not of Thai nationality; “ Work ” means to engage in work by exerting energy or using knowledge whether or not in consideration of wages or other benefits.

'"work" means to engage in work...' - what a lovely, clear definition.

That really clears things up. No wonder people find the WP rules so confusing.

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