When hiring a foreigner, both employer and the foreign employee must keep these in mind after getting a work permit in Thailand:
- The foreign employees must carry their Work Permit to themselves or at the place of work during working hours.
- When changing employer, the foreign employee must notify the Immigration Bureau of the change and request to continue staying in Thailand with the new employer or he/she has to leave Thailand in order to apply for a new non-immigrant visa (non-B) from Royal Thai Embassy overseas. Then once he/she gets back to Thailand, he/she has to apply for a new work permit (Form WP1) before the non-B visa expires.
- Foreign employees must perform works only in the particular type of work or job description as permitted in the work permit. If the work permit holder needs to work for the other job, work place or location, the work permit holder must be permitted by the officials before working. Any work permit holder who violates the law will be punished by jail imprisonment of not more than five years or be liable to a fine of not exceeding Baht 20,000, or both.
- Work permit must be renewed before the expiry date. Expired work permits cannot be renewed. Any work permit holder who violates or fails to comply with renewal of work permit and still continue engaging in the works as specified in the work permit without permission will be punished by jail imprisonment of not more than five years or be liable to a fine from Baht 20,000 to Baht 100,000, or both.
- When changing the name, surname and nationality of the work permit holder or name of company/enterprise, the work permit holder must notify the officials immediately.
- The employer is not allowed to hire foreigners who do not have a work permit or employ them to engage in work which is different from the job description/condition specified in the work permit. Anyone who violates will be liable to a fine not exceeding Baht 100,000.
Thai Lawyers can assist employers and foreigners to obtain work permits and extend visa in Thailand. Whether it is a BOI or non-BOI company, we have the team of work permit experts for you. Contact us now for further assistance.