Authoring and publishing: work permit needed?

[CALSinCM]

If I'm living in Thailand and I author writings that I intend to publish, would I need a work permit?

[Mario2008]

It seems you work in Thailand, so you need a work permit. But for a journalist type of writing there are other rules and another procedure to follow than for writing (non) fiction books.

[NancyL]

I don't really see how it could be enforced if you're writing about subjects that have nothing to do with Thailand, the material is published overseas and the earnings are deposited into an overseas bank account.

Especially, if you're writing "on spec", i.e. vs. "on contract". How is this any different than keeping a journal?

Edited December 7, 2014 by NancyL

[bkkcanuck8]

All work whether paid or unpaid is illegal in Thailand - the law is quite extensive in what it covers. It could technically cover almost everything anyone does. Immigration only enforces work permit requirements for work done in Thailand where you are paid in Thailand (where you could be considered in competition with local Thailand people for jobs). If the company that publishes your work has operations in Thailand, then you or the company could be at risk. If however the publisher has no domestic presence then you are likely safe from needing a work permit (as it is currently being enforced).

[FritsSikkink]

I don't really see how it could be enforced if you're writing about subjects that have nothing to do with Thailand, the material is published overseas and the earnings are deposited into an overseas bank account.

Especially, if you're writing "on spec", i.e. vs. "on contract". How is this any different than keeping a journal?

You can see what you want but he needs a work permit.

[NancyL]

Here we go again. Another discussion of what constitutes "work" and when do you need to get a work permit? All theoretical, of course.

Can anyone point to an instance where someone has been deported, or even arrested, for writing at home about non-Thai topics for an offshore publisher with no operations in Thailand, earning money that is deposited in an overseas account?

The closest situation I know about are the so-called digital nomads who were rounded up at the "co-working space" in Chiang Mai a couple months ago and once they all demonstrated they were in the country with legal visa status(tourist, ED, visa exempt, etc) and that they didn't work for the company that owned the space they were using, then they were all turned loose. CM Immigration had no interest in what they were doing with their computers and in reading some of their blogs, it looks like some were actually attempting to make money writing about their experiences in Thailand.

Edited December 7, 2014 by NancyL

[doggie888888]

The law in Thailand is quite explicit in this and a lot of other matters: what they don't know and can't possibly know or enforce is legal until you piss someone off in which case you're stuffed.

[NancyL]

The law in Thailand is quite explicit in this and a lot of other matters: what they don't know and can't possibly know or enforce is legal until you piss someone off in which case you're stuffed.

Yes, of course, that is how it works here.

[rwdrwdrwd]

I don't really see how it could be enforced if you're writing about subjects that have nothing to do with Thailand, the material is published overseas and the earnings are deposited into an overseas bank account.

Especially, if you're writing "on spec", i.e. vs. "on contract". How is this any different than keeping a journal?

You can see what you want but he needs a work permit.

By the law you've pulled up on previous threads to backup this statement you regulary make on threads like these, a law you describe as 'very clear', one needs a work permit to post on ThaiVisa, walk down the street, call a taxi, or choose what clothes to wear.

Obviously in practice, since people are not arrested for the above, the law that states 'physical strength or knowledge whether or not intended for wages or any other benefits' is open to interpretation, and the best way of analysing how it is used in practice, is by looking at previous applications of the law.

Hence, as with NancyL, I am also very interested to hear of any authors that publish exclusively outside of Thailand but do the writing here prosecuted in the past under labour regulations, and as I enquired of you in another thread, any example of prosecution under labour legislation of individuals that work remotely for non Thai entities and are paid outside of Thailand.

Edited December 8, 2014 by ubonjoe

[NancyL]

I, too, have written here in Thailand and had material published overseas without any ill effect. Right now, I'm using my laptop in plain view of the open screen door of our condo. Anyone walking by the door on the way to the condo's pool will see me typing. Am I posting on ThaiVisa or working on another book about gardening in cold climates?

Edited December 8, 2014 by NancyL

[CALSinCM]

The content is specific to Thailand. So I think the answer would be: Up until the point you publish, who's to say you're 'working'. Once you get a publisher, let the publishing company work out the work permit details.

[FritsSikkink]

I, too, have written here in Thailand and had material published overseas without any ill effect. Right now, I'm using my laptop in plain view of the open screen door of our condo. Anyone walking by the door on the way to the condo's pool will see me typing. Am I posting on ThaiVisa or working on another book about gardening in cold climates?

Yes you can work without a work permit. Doesn't make it legal though.

[rwdrwdrwd]

I, too, have written here in Thailand and had material published overseas without any ill effect. Right now, I'm using my laptop in plain view of the open screen door of our condo. Anyone walking by the door on the way to the condo's pool will see me typing. Am I posting on ThaiVisa or working on another book about gardening in cold climates?

Yes you can work without a work permit. Doesn't make it legal though.

Guess you have no examples whatsoever then.

The law you quote on here regularly when taken literally means walking requires a Work Permit. Obviously in practice it does not, so therefore the law as written is open to interpretation. That interpretation would be for the dept of labour and judges to make, not you.

So tiresome...

Edited December 8, 2014 by rwdrwdrwd

[HeijoshinCool]

http://www.thaivisa.com/forum/topic/760745-writing-a-book/