Thailand Work Permit: How Can a Foreigner Work Legally?

In short

Under the Emergency Decree on Managing the Work of Foreigners B.E. 2560, Section 8, a foreigner working in Thailand must hold a work permit, otherwise it is unlawful; an employer likewise must not employ a foreigner without a permit (Section 9). A person who works without a permit may be fined THB 5,000–50,000 and deported (Section 101); an unlawful employer is fined THB 10,000–100,000 per foreigner employed (Section 102).

1. What counts as “work”?

Under Section 5, “work” means the pursuit of any occupation, whether with or without an employer. The scope is broad and is not limited to typical salaried positions.

2. A work permit is required (Sections 8 and 9)

A foreigner must not work without a permit, nor work beyond the scope of rights they are entitled to have (Section 8);
No person may employ a foreigner without a permit, or permit one to work beyond the scope of rights they are entitled to have (Section 9).

3. The employer's notification duty (Section 13)

The employer must, within 15 days from the date of employment, notify the registrar of the foreign worker's name, nationality and the nature of the work; and when the worker leaves employment, must likewise notify the registrar within 15 days.

4. Work that foreigners are prohibited from doing (Section 7)

The Minister, with the approval of the Committee, may announce work which foreigners are prohibited from doing (by absolute prohibition or by conditional prohibition), taking into account national security, employment opportunities for Thai nationals and other factors. The specific list is subject to the official announcement.

5. Penalties for violations

Foreigner working without a permit Section 101

Violating Section 8: a fine of THB 5,000–50,000, and after payment of the fine, removal from the Kingdom.

Employer of an unlicensed foreigner Section 102

Violating Section 9: a fine of THB 10,000–100,000 per foreigner; a repeat offence is punished more severely (including imprisonment).

Withholding a foreigner's documents Section 131

Withholding a foreigner's work permit or essential identity documents: imprisonment of up to 6 months, or a fine of THB 10,000–100,000, or both.

💡 A few extra notes

1. Diplomatic, consular and United Nations personnel and the like are exempt from this Decree (Section 4); 2. Where a foreigner is authorized to enter and work under a special law such as the investment promotion (BOI) law or the petroleum law, the responsible agency notifies the registrar, who issues the work permit (Section 62); 3. A work permit must be paired with a visa (such as Non-B), and the specific application procedure is subject to the rules of the Ministry of Labour.

FAQ

Do foreign directors need a work permit?

The definition of “work” is broad (Section 5), so whether a permit is needed depends on the specific role and whether it amounts to “pursuing an occupation.” In practice, most foreign directors who actually perform duties or draw a salary need one, so we recommend confirming case by case.

What happens if you work without a work permit?

It violates Section 8 and may be punished with a fine of THB 5,000–50,000; after payment of the fine, the person is removed from the Kingdom (Section 101).

What are the consequences for an employer who hires an unlicensed foreigner?

It violates Section 9, with a fine of THB 10,000–100,000 per foreigner employed; repeat offences are punished more severely (Section 102).

Are a work permit and a visa the same thing?

No. A work permit is permission to “work,” while a visa is permission to “enter and stay”; the two must be arranged together.