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Foreigners’ Working Management Emergency Decree (Work Permit)
Royal Decree on Managing the Work of Aliens B.E. 2560 (2017)
The information is reviewed and updated monthly against official sources.
In short
Thailand's 2017 Emergency Decree on Managing the Work of Aliens (as amended in 2018) is the master statute governing foreign work permits, defining what counts as "work," reserving certain occupations for Thai nationals, and setting penalties, all of which directly shape how a foreigner may legally operate or be employed by a Thai company.
Section 5 (Definition of 'work'): Definition of 'Work'
The decree treats 'work' very broadly: practising any occupation or performing any activity, whether or not there is an employer and whether or not pay is received. The 2018 amendment narrowed this by excluding the conduct of a licensed foreign business operator, but routine tasks done for a Thai company still count as work needing permission.
Section 5 (Definition of 'alien'): Who Is Treated as a Foreigner
An 'alien' is any individual who does not hold Thai nationality. Nationality, not residence status or company role, determines whether the work-permit regime applies. A foreign shareholder or director of a Thai company is therefore subject to these rules whenever they actually perform work in the country.
Section 7 (Reserved/prohibited occupations): Power to Reserve Occupations for Thais
The Minister of Labour may designate occupations that foreigners are barred from doing, weighing national security, the protection of Thai workers' opportunities, and labour-market needs. This is the legal basis for the list of jobs reserved for Thai nationals, periodically updated by ministerial notification.
Reserved Occupations Notification (2022, under Sec. 7): List of Jobs Closed to Foreigners
The current notification reserves about twenty occupations exclusively for Thais, including street vending, Thai-language secretarial work, legal and litigation services, tour guiding, traditional Thai massage, and various handicrafts. A foreigner cannot obtain a permit for these roles regardless of qualifications, so a company must staff them with Thai nationals.
Section 8 (Permission to work): Permit Required Before Working
No foreigner may work unless they hold permission, and they must stay within the scope of the work allowed. Doing a job outside the approved type or location breaches the decree even if a valid permit exists. In practice this ties a foreigner's activity tightly to a specific employer and described position.
Section 9 (Employer's duty): Employer May Not Use Unpermitted Foreigners
No person may take on a foreigner who lacks a permit, nor assign them tasks beyond what their permit covers. The obligation falls on the company as well as the individual, so a Thai entity that puts a foreign owner or staff member to work without proper authorisation is itself exposed to penalties.
Section 12 (Foreign-to-Thai workforce ratio): Limits on Proportion of Foreign Staff
Where Thai jobseekers have registered for the same type of work in a region and the workforce exceeds five, the law restricts how many foreigners an employer may take on relative to Thais. This supports the broader policy, also seen in immigration practice, of requiring several Thai employees per work-permitted foreigner.
Section 13 (Exemptions and categories): Special Categories and Exempt Work
The decree allows separate treatment for certain workers, such as those promoted under investment-promotion laws, and the 2018 amendment exempted short visits like attending meetings or conferences and emergency or urgent work. These carve-outs matter for foreign investors who travel in briefly without taking up day-to-day operational duties.
Section 64 (Border/seasonal workers): Simplified Permits for Border Work
Nationals of neighbouring states may receive simplified seasonal or border-zone work authorisations for limited periods and areas. This route is aimed at low-skilled cross-border labour rather than investors or professionals, and it operates under conditions distinct from the standard permit issued by the Department of Employment.
Section 70 (Permit issuance and conditions): Issuance, Scope and Renewal of Permits
A permit is issued by the Department of Employment and ties the holder to a defined job, employer and place of work, with a maximum validity of two years before renewal. Because the permit is personal and specific, changing employer or role generally requires updating or reapplying for authorisation.
Section 101 (Penalty: working without permit): Penalty for Working Without Authorisation
A foreigner who works without a permit, or outside the work allowed, faces a fine in the range of several thousand up to roughly fifty thousand baht. The 2018 amendment softened the original heavy sanctions, but unauthorised work still risks fines, deportation and a bar on reapplying for a set period.
Section 102 (Penalty: employing illegally): Penalty for Employing Foreigners Illegally
An employer who hires a foreigner without a permit, or assigns work beyond the permit's scope, is fined per worker, with figures running from tens of thousands up to around one hundred thousand baht and higher amounts for repeat offences. A Thai company therefore bears real liability for how it engages foreign personnel.
Sections 78-86 (Foreign Worker Employment Fund): Foreign Worker Employment Fund
The decree sets up a dedicated fund financed by fees and other receipts, kept outside ordinary state revenue. It is used mainly to assist foreign workers whose rights are breached, to fund repatriation, and to support programmes on employment management, welfare and protection. Employers contribute through prescribed fees and any required security.
Link: Foreign Business Act interplay: Permit Versus Owning a Thai Company
Holding shares in a Thai company is not itself 'work,' but a foreign owner who performs management or operational duties needs a permit. Companies are typically structured with majority Thai ownership under the Foreign Business Act, while the foreigner secures a work permit, usually supported by registered capital and Thai-staff thresholds, to run the business lawfully.