pokerkid Posted October 30, 2009 Share Posted October 30, 2009 I would like to know what would happen if somebody was working without a workpermit and got caught. I read that the maximum sentence is something like 3 years and a 60.000 baht fine but this is probably not enforced to the maximum. I am not working at all at the moment nor I am planning to do so, I just want to know what happens . Link to comment Share on other sites More sharing options...
gotlost Posted October 30, 2009 Share Posted October 30, 2009 I would like to know what would happen if somebody was working without a workpermit and got caught. I read that the maximum sentence is something like 3 years and a 60.000 baht fine but this is probably not enforced to the maximum.I am not working at all at the moment nor I am planning to do so, I just want to know what happens . Do not kid your self it can and will be enforced but a lot of times its a fine (fine cost varies on nationality) and DEPORTATION. Link to comment Share on other sites More sharing options...
PoorSucker Posted October 30, 2009 Share Posted October 30, 2009 Section 51 of Alien Working Act 2551 Any alien engaging in the work without permission shall be subject to an imprisonment of not exceeding 5 years or a fine from 2,000 baht to 100,000 baht, or both. Link to comment Share on other sites More sharing options...
Mario2008 Posted October 30, 2009 Share Posted October 30, 2009 fine and jail term as already stated, plus deportation. You can return after being deported but you would have serious trouble to get a work permit. The law is constructed so that they will fine you, if you agree to paying the fine and pay for your own ticket out of the country for deportation. But in the mean time you will probably spend time in jail. But there are cases known of teachers who where free the same day after having paid a fine. They do have a criminal record. Link to comment Share on other sites More sharing options...
dr_Pat_Pong Posted October 30, 2009 Share Posted October 30, 2009 Section 51 of Alien Working Act 2551Any alien engaging in the work without permission shall be subject to an imprisonment of not exceeding 5 years or a fine from 2,000 baht to 100,000 baht, or both. Deportation is pretty likely as well. Link to comment Share on other sites More sharing options...
monty Posted October 30, 2009 Share Posted October 30, 2009 It also depends on your visa status. If you are here on a non-immigrant B visa things are slightly less dramatic, as basically visa wise you qualify to apply for and get a work permit. If you are here on a tourist visa or a a visa exempt stamp, things get rough as you are also in clear breach of immigration laws. Still, after being caught you probably never will get a WP ever again... Link to comment Share on other sites More sharing options...
thaiphoon Posted October 30, 2009 Share Posted October 30, 2009 (edited) If you are caught working without a work permit the penalties are the same, irrespective of what type of visa you have (although should only be working on NonB or NonO visa with work permit). Having a Non-B visa by itself is not going to save your skin. Edited October 30, 2009 by thaiphoon Link to comment Share on other sites More sharing options...
The Philosopher Posted October 30, 2009 Share Posted October 30, 2009 I would like to know what would happen if somebody was working without a workpermit and got caught. I read that the maximum sentence is something like 3 years and a 60.000 baht fine but this is probably not enforced to the maximum.I am not working at all at the moment nor I am planning to do so, I just want to know what happens . I never cease to be amazed at the amount of people that come to Thailand and for some reason think the law will not be applied to them, the large number on foriegners in Thai jails is testament to this Link to comment Share on other sites More sharing options...
thaiphoon Posted October 30, 2009 Share Posted October 30, 2009 Many employers often 'mislead' foreigners into working without WP saying "it's no problem", whereas in reality it is a big problem if caught and the foreigner pays the ultimate price. Just look at the number of teaching schools and voluntary organisations that say you don't need a WP .... Link to comment Share on other sites More sharing options...
dr_Pat_Pong Posted November 1, 2009 Share Posted November 1, 2009 Many employers often 'mislead' foreigners into working without WP saying "it's no problem", whereas in reality it is a big problem if caught and the foreigner pays the ultimate price. Just look at the number of teaching schools and voluntary organisations that say you don't need a WP .... Including the 'voluntary' scams that charge you for the privilege of working for free. Link to comment Share on other sites More sharing options...
markg Posted November 1, 2009 Share Posted November 1, 2009 I never cease to be amazed at the amount of people that come to Thailand and for some reason think the law will not be applied to them, the large number on foriegners in Thai jails is testament to this Well that's true, however, for many teachers, there is often 'some' period of time where you don't have a work permit which technically is still illegal. A none B visa is valid for 3 months, and in my province, the labour department can take well over 2 months to process the work permit. During those two months, the teacher is not in possession of his work permit, and IS working. The school apply for the work permit as soon as the new teachers come back with their None B visas, so we';ve done our part..............the hold up is in the labour dept. We are hoping that if there is a raid, that sense will prevail..............but you never know ! Link to comment Share on other sites More sharing options...
MJo Posted November 1, 2009 Share Posted November 1, 2009 I would like to know what would happen if somebody was working without a workpermit and got caught. I read that the maximum sentence is something like 3 years and a 60.000 baht fine but this is probably not enforced to the maximum.I am not working at all at the moment nor I am planning to do so, I just want to know what happens . I never cease to be amazed at the amount of people that come to Thailand and for some reason think the law will not be applied to them, the large number on foriegners in Thai jails is testament to this Well OP says he's not working. Foreigners in Thai jails are there mainly due drugs. Than again looking at OP's avatar.... Is playing online poker as main source of income considered working and does it require work permit ? There is lot of discussion of this in europe thus many players have moved on to better climate. Link to comment Share on other sites More sharing options...
zeusbheld Posted November 1, 2009 Share Posted November 1, 2009 as i recall the work permit process, a) you can't work unless you have a work permit. you can't get a work permit unless you have a proper visa AND A JOB. now, my employer is pretty much above board and i'm fully legal. HOWEVER, during those first few weeks before my WP was issued, i was told to be careful, etc. yet the labor dept would not have accepted my application if i didn't have a job. i suspect this is one of the many ways that the rules contradict each other so that IF they want to single someone out for some reason they can (the way that many apartments have "no dogs" signs/rules, yet clearly dozens of residents keep dogs). so my question is this: has anyone, or does anyone know anyone, who has actually been busted while waiting for the paperwork to be shuffled on their WP? if so, what happened? Link to comment Share on other sites More sharing options...
thaiphoon Posted November 1, 2009 Share Posted November 1, 2009 you can't get a work permit unless you have a proper visa .... You can apply for a WP without having a visa, BUT you have to show valid NonB or NonO visa by the time WP is collected. Many foreigners setting up new businesses here would apply for WP and get WP3 form, and then go to embassy/consulate abroad to obtain NonB visa and then collect WP on return. Link to comment Share on other sites More sharing options...
StasD Posted November 1, 2009 Share Posted November 1, 2009 (edited) If I will build my own house it will be also illegal? Sometimes I am afraid even to mow on my villa:) Edited November 1, 2009 by StasD Link to comment Share on other sites More sharing options...
zeusbheld Posted November 1, 2009 Share Posted November 1, 2009 you can't get a work permit unless you have a proper visa .... You can apply for a WP without having a visa, BUT you have to show valid NonB or NonO visa by the time WP is collected. Many foreigners setting up new businesses here would apply for WP and get WP3 form, and then go to embassy/consulate abroad to obtain NonB visa and then collect WP on return. thanks but that's not really the question. let me try rephrasing: i was told by my employer (not immigration) that i needed a job before i could apply for visa and wp. however, i was also told that i could not work without a wp! clearly, that employer (and pretty much every other employer i've talked to) expects you to work while the papers are being processed... clearly this is technically illegal, but a bit of a catch-22... the question is, what happens if you get caught while the papers are in process? ps fwiw i didn't have to leave the country to get my visa; i had enough time left on my tourist visa for them to do it at the late, grate Suan Plu. Link to comment Share on other sites More sharing options...
PoorSucker Posted November 1, 2009 Share Posted November 1, 2009 WORKING OF ALIEN ACT, B.E. 2551 (2008) Extract from part 2 section 12 While awaiting for the permit under paragraph two, that alien may engage in work without regard to section 24 until the date of receiving of the permit as notified by the registrar. Link to comment Share on other sites More sharing options...
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