Hi,

My brother is going to work for an NGO in Thailand, it doesn't look like they will be able to meet the criteria for being eligible to get him a work permit but he is still determined to go. I'm a little concerned. I've done soem research and from what I can tell if he ever was investigated by labor officers then he would be prosecuted under the Working of Aliens Act B.E .2521 and Working of Aliens Act (No.2) B.E. 2544 act.

Within the act it has a section stating:

Section 51. 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.

In the case the alien accused committing an offense under paragraph 1 agrees to return their country within the period of the investigation but not exceeding 30 days, the inquiry official may impose a fine and proceed with the return of such alien.

Am I right in believing this means that if caught he could opt to pay the fine, leave Thailand and it wouldn't he wouldn't go to court or run the risk of prison?

I'm pretty worried about this so any advice is very much appreciated

Working in Thailand without a work permit is a serious offense, and the penalties if caught can be severe. It carries a jail term of up to 5 years under labour law, but sentence is more often reduced to a fine and deportation. Deportation will also prohibit future entry into the Kingdom.

I'm most concerned he could end up in jail, but the sentence about the person agreeing to return to their country implies that prison could be avoided? Can anyone verify this?

Believe normal process is he would be detained before being brought before a judge for sentencing. The consequences of being caught working without a work permit is not a trivial matter.

There is no get out of jail card in that language - it is an option the officer could take - the accused would not have a choice unless the officer give him that choice.

the inquiry official may

As everyone has already stated it is illegal to work without a WP, however, many people do and they do not get caught.

Some of those without work permits, actually pay tax, and also get tax rebates, so work that one out.

The fact is people do get caught and do spend time in jail and do get fined and do get deported. It may be a very small percentage; but if you fall into it that will not be much consolation. To me there is no justification for asking people to take such risks by a legitimate NGO.

if it is an officially registered NGO they will be able to get him a work permit. It is not that difficult, rather that many organisations in Thailand don't know how to go about it.

If working for an NGO they should be able to provide proper documents to get a Non-immigrant visa based on the fact that you are a volunteer. If it is a legitimate registered NGO than this shouldn't be a problem. That should take care of any immigration problems in the short term. But if your brother is staying for the long term than he should discuss the WP issue with his boss once he is here.

But, I know many NGO's and I don't think any of them have a WP. Immigration is more leanient to people working for organizations that help the country. But a Non-imm Visa is a must.

Without a work permit immigration will not give an extension of stay based on volunteering.