After the Royal Decree on Managing the Work of Foreigners B.E. 2560 (2017) was enacted, more than 60,000 foreign employees working without a work permit flew from Thailand due to fear of severe penalties.
In response to this, on 28th of March 2018 the Thai government passed a new law amending the Royal Decree and reducing the penalties affecting foreign workers and their employers in Thailand who are not complying with work authorization regulations.
In addition, the imprisonment penalty for foreign workers found working without a work permit is now removed.
Starting with 1st of July 2018, the new penalties for work permit violations are as follows:
- In case the foreigner has a work permit, but engages in any prohibited work as prescribed by the Emergency Decree, the employee is subject to a fine of THB 5,000 to THB 50,000. The employer is subject to a fine of THB 10,000 to THB 100,000 per employee.
- The foreigner who do not possess a valid work permit is subject to a fine of THB 5,000 to THB 50,000. After the fine is paid, the foreign offender will be repatriated to his home country. The employer who hires a foreigner or allows a foreigner to work without valid work permits is subject to a fine of THB 10,000 to THB 100,000 per employee.
The employer who repeat the offense will be liable for fines of THB 50,000 to THB 200,000 per employee, or imprisonment for maximum one year, or both. In addition, such employer will be prohibited from employing foreigners for a period of three years from the date of the final court judgment. - The foreigner who enters into Thailand to perform an urgent and necessary work for a period of maximum 15 days without notifying the Registrar is subject to a maximum fine of THB 50,000.
- The foreigner who cannot show his work permit booklet upon the officer or Registrar’s request is subject to a maximum fine of THB 5,000.
In order to avoid penalties, employers should be aware of their responsibilities, review their internal procedures and ensure that their foreign workers are in compliance with the new work permit regulations.
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