Alien Occupation Legislation, Education, And Penalities For Private Tutoring

[eq2]

Hi there,

There is plenty of discussion regards to work permits and issues that arise out of the Working of Alien Act on this forum. I have read through these threads and the legislation and I have some questions that have arisen out of my interest in performing private tutoring.

1. The unofficial translation of the act states that:

Section 4: This Act shall not apply to the performance of specific duties by the alien in the Kingdom in the following capacities:

(6) as a person who performs duties or mission for the benefit of education, culture, art, sports or other activities as may be prescribed by the Royal Decree;

Couldn't one argue that tutoring, teaching etc is for the benefit of education? Consequently the act and its requirements would not apply?

2. Section 51: An alien who engages in work without having the permit shall be liable to imprisonment for a term of not exceeding five years or to a fine from two thousand Baht to one hundred thousand Baht or to both.

In the case where the accused under paragraph one wilfully departs the Kingdom within the period specified by the inquiry official, but not more than thirty days, the inquiry official may settle the case and causes that alien to depart the Kingdom.

With regards to the second sentence, my understanding of that is that if you are cooperative, leave and leave the country asap the the case may be settled. In which case I would think/hope that imprisonment/huge fines would be unlikely.

3. Does anyone know of anyone who was caught performing private tutoring and had any action taken against them?

Thank you!

[IMA_FARANG]

There is plenty of discussion regards to work permits and issues that arise out of the Working of Alien Act on this forum. I have read through these threads and the legislation and I have some questions that have arisen out of my interest in performing private tutoring.

1. The unofficial translation of the act states that:

Section 4: This Act shall not apply to the performance of specific duties by the alien in the Kingdom in the following capacities:

(6) as a person who performs duties or mission for the benefit of education, culture, art, sports or other activities as may be prescribed by the Royal Decree;

Couldn't one argue that tutoring, teaching etc is for the benefit of education? Consequently the act and its requirements would not apply?

2. Section 51: An alien who engages in work without having the permit shall be liable to imprisonment for a term of not exceeding five years or to a fine from two thousand Baht to one hundred thousand Baht or to both.

In the case where the accused under paragraph one wilfully departs the Kingdom within the period specified by the inquiry official, but not more than thirty days, the inquiry official may settle the case and causes that alien to depart the Kingdom.

With regards to the second sentence, my understanding of that is that if you are cooperative, leave and leave the country asap the the case may be settled. In which case I would think/hope that imprisonment/huge fines would be unlikely.

3. Does anyone know of anyone who was caught performing private tutoring and had any action taken against them?

Thank you!

=========================================

Sounds to me like your putting your own selective interpretation on the law. What your reading is not what the Thai labor and innigration authorites wll read it as.

Just to show you how those Thai authorities will read the same law I highlighted in bold what Thai immigration will see as the important part.

How the law is interpretated is not going to be how you read it, but how the Thai labor and immigration authorities will read it.

If you consider those outlined parts...do you really believe that the relevant Thai authorities will consider a person doing tutoring in English for personal profit will be interpretated according to your selective reading of the law...or by the authorities own selective interpretation?

[Maestro]

If there is a Royal decree -- these decrees are published in the Royal Gazette -- saying that you are covered by that decree for what you will be teaching and where you will be teaching it, then you fall under the section 4 you cited.

One reads every once in a while about a foreigner getting arrested and deported for working without a permit. Whether this has also happened to teachers, I do not know, but the relevant laws and regulations certainly also apply to them.

[jonnyscot]

Hi, since this topic has come up I have a curious question since i've been looking at ways in future of helping the local community and since I am a native english speaker and I have some free time, I wondered whether there may be consideration given to offering free teaching of the english language within the local community, this would also give me personal satisfaction,, that would be without personal profit to himself??

Thanks

There is plenty of discussion regards to work permits and issues that arise out of the Working of Alien Act on this forum. I have read through these threads and the legislation and I have some questions that have arisen out of my interest in performing private tutoring.

1. The unofficial translation of the act states that:

Section 4: This Act shall not apply to the performance of specific duties by the alien in the Kingdom in the following capacities:

(6) as a person who performs duties or mission for the benefit of education, culture, art, sports or other activities as may be prescribed by the Royal Decree;

Couldn't one argue that tutoring, teaching etc is for the benefit of education? Consequently the act and its requirements would not apply?

2. Section 51: An alien who engages in work without having the permit shall be liable to imprisonment for a term of not exceeding five years or to a fine from two thousand Baht to one hundred thousand Baht or to both.

In the case where the accused under paragraph one wilfully departs the Kingdom within the period specified by the inquiry official, but not more than thirty days, the inquiry official may settle the case and causes that alien to depart the Kingdom.

With regards to the second sentence, my understanding of that is that if you are cooperative, leave and leave the country asap the the case may be settled. In which case I would think/hope that imprisonment/huge fines would be unlikely.

3. Does anyone know of anyone who was caught performing private tutoring and had any action taken against them?

Thank you!

=========================================

Sounds to me like your putting your own selective interpretation on the law. What your reading is not what the Thai labor and innigration authorites wll read it as.

Just to show you how those Thai authorities will read the same law I highlighted in bold what Thai immigration will see as the important part.

How the law is interpretated is not going to be how you read it, but how the Thai labor and immigration authorities will read it.

If you consider those outlined parts...do you really believe that the relevant Thai authorities will consider a person doing tutoring in English for personal profit will be interpretated according to your selective reading of the law...or by the authorities own selective interpretation?

[Mario2008]

Volunteering requires a work permit, so you will have to volunteer through a local school or something.

Of course the Thai government isn't after people who volunteer and generally they will leave you alone. But in case there is some accidient while you are volunteering, you could be in serious trouble.

[jonnyscot]

Hi Mario, thanks for the info,,

Volunteering requires a work permit, so you will have to volunteer through a local school or something.

Of course the Thai government isn't after people who volunteer and generally they will leave you alone. But in case there is some accidient while you are volunteering, you could be in serious trouble.

[CharlieH]

"or by the authorities own selective interpretation?"...........this is as clear as it ever gets and is probably the most relevant advice for most Thai situations.

It never fails to surprise me that people insist on applying Western ideas and attitudes about interpretation and relevance, how "one could argue" and "loop-holes"

They seem to totally lose sight of the fact this is NOT the West, that there is no relevance, no logic or even any consistency.

When whoever it is turns up, from whatever authority, to wherever they want, it will only "matter" how they feel on the day, how they interpret whatever law they want.

The "ferang" in reality will have absolutely no say, no argument and very little opportunity to even speak. (unless they are fluent in Thai)

Stop trying to look for ways around things, or interpret things, just follow the plain rules and do it right to start with, as all the pontificating/interpreting/ or arguments in the world

wont mean squat to any Thai Official.

Any kind of work, paid or unpaid, physical or mental, requires the necessary applicable permit, no arguments, no discussions, no interpretations, quite simple really as long as you dont over think it or try to apply a Western approach.

[kanderson]

If there is a Royal decree -- these decrees are published in the Royal Gazette -- saying that you are covered by that decree for what you will be teaching and where you will be teaching it, then you fall under the section 4 you cited.

One reads every once in a while about a foreigner getting arrested and deported for working without a permit. Whether this has also happened to teachers, I do not know, but the relevant laws and regulations certainly also apply to them.

Teaching English language or native French etc. is not a job Thai's can generally do. I have never heard of any problems - except Farongs fighting over market share.

One guy teaching from home or at the beach should have no problem. Very hard to be considered a bad guy when your just teaching (private tutoring).

Teaching is a lot of work for little pay. I think the "spirit of the law" is to insure that Falongs are not taking jobs that Thai workers can do.

[Mario2008]

Every year some shools are raided and people cheked for their work permit. And people are being arrested etc if found to be working without a WP, whether they take away a job from a Thai or not.

[eq2]

"or by the authorities own selective interpretation?"...........this is as clear as it ever gets and is probably the most relevant advice for most Thai situations.

It never fails to surprise me that people insist on applying Western ideas and attitudes about interpretation and relevance, how "one could argue" and "loop-holes"

They seem to totally lose sight of the fact this is NOT the West, that there is no relevance, no logic or even any consistency.

When whoever it is turns up, from whatever authority, to wherever they want, it will only "matter" how they feel on the day, how they interpret whatever law they want.

The "ferang" in reality will have absolutely no say, no argument and very little opportunity to even speak. (unless they are fluent in Thai)

Stop trying to look for ways around things, or interpret things, just follow the plain rules and do it right to start with, as all the pontificating/interpreting/ or arguments in the world

wont mean squat to any Thai Official.

Any kind of work, paid or unpaid, physical or mental, requires the necessary applicable permit, no arguments, no discussions, no interpretations, quite simple really as long as you dont over think it or try to apply a Western approach.

Thankyou. This response succinctly addresses questions one and two. Interpretation does not matter.

However, one approach to western law that is relevant in thailand is considering the chance of enforcement. None of the responses so far have stated knowledge of anyone who has been caught under immigration laws for private tutoring. I'd add a further question:

4. is anyone aware of anyone who has successfully got a work permit for private tutoring?

[Mario2008]

You would have to set up a company in order to be able to get a WP.