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Thailand Work Permit Legal Questions answered by Lawyers

Browse our 2 legal questions about Work Permit in Thailand and the lawyer answers, or ask your own questions for free.

Earn commissions on sales in thailand
Immigration
Business Visa
Work Permit
Switch to a Business Visa If you plan to work with Thai sellers regularly, you should apply for a Non-Immigrant B Visa and obtain a work permit. You also can earn Commissions via a Foreign Entity You could set up a business in Indonesia (where you hold a work visa) or another country and route commissions through that entity.
Do I need a foreign business licence to operate a business in Thailand?
Business Visa
Business
Work Permit
In a Thai majority-owned limited company, where Thai nationals own at least 51% of the company's shareholding, a Foreign Business License (FBL) is not required. In contrast, a business with over 49% foreign ownership must obtain an FBL before commencing its operations in Thailand and are governed by the Foreign Business Act.

About Work Permit Law in Bang Khen, Thailand

In Thailand, the right to work for non-Thai nationals is governed by national laws and administered locally. Bang Khen is a district in Bangkok, so applications and compliance are handled through Bangkok-area offices of the Ministry of Labour and the Immigration Bureau. In most cases, a foreigner must hold an appropriate non-immigrant visa and a valid work permit before performing any work in Thailand. The work permit specifies the employer, job position, and workplace location, and you must work strictly within those terms. Special programs such as BOI promotion, SMART Visa, and certain long-term resident categories may have different procedures or exemptions, but they still involve defined work authorization and compliance steps.

Work permit rules are primarily set by the Emergency Decree on the Management of Foreign Workers Employment B.E. 2560 as amended B.E. 2561, together with implementing regulations of the Department of Employment. Occupations reserved for Thai nationals are restricted, and the Department of Employment maintains the official list of restricted professions and any conditional exceptions.

Why You May Need a Lawyer

You may need a lawyer if your employer has not yet met the usual eligibility thresholds such as minimum paid-up capital per foreign employee or Thai-to-foreigner staffing ratios. A lawyer can assess options, advise on exemptions, or structure your role to comply with the rules.

If you are changing employers, moving to a new work location, or altering your job title or duties, you must amend your work permit or obtain a new one. A lawyer can manage the amendment process and avoid gaps that could put you or your employer at risk.

Companies that are newly formed or undergoing corporate changes may need help gathering correct corporate documents, registering for tax and social security, or aligning shareholder records and affidavits with work permit applications.

Special categories such as teachers, researchers, volunteers, performers, and short-term specialists can have different processes or faster-track options. A lawyer can determine the correct path, including urgent and necessary work notifications for short assignments.

Applicants who are in Thailand on a non-work status such as a tourist visa and wish to convert to a work basis often require careful timing and filings to avoid overstays or unauthorized work. Legal guidance helps coordinate visa conversion, work permit issuance, and subsequent visa extensions.

If your application is refused or you face an inspection, fine, or other enforcement action, legal counsel can prepare submissions, represent you before the authorities, and negotiate corrective measures.

Local Laws Overview

Work authorization is national in scope but processed locally. For Bang Khen residents and employers, the work permit application is typically filed with the Bangkok Employment Office responsible for the employer or workplace address. Visa extensions and 90-day address reporting are handled by Immigration Division 1 at the Government Complex on Chaeng Watthana Road, which is near Bang Khen.

Most standard hires must satisfy common baseline requirements. A typical employer must show sufficient paid-up capital, commonly 2 million baht per foreign employee, and a Thai-to-foreigner staffing ratio such as 4 Thai employees per 1 foreign employee. There are recognized exceptions and modified criteria for BOI-promoted companies, certain educational institutions, and spouses of Thai nationals, among others. A lawyer can check the specific rule that applies to your case.

A non-immigrant visa is usually required before applying for a work permit. The most common is Non-Immigrant B for business and employment. Some programs such as SMART Visa and certain BOI arrangements allow a different sequence, special windows, or a modified work authorization process. After obtaining the work permit, you ordinarily apply for a visa extension of stay and re-entry permission with the Immigration Bureau.

Your work permit will specify the employer, job title, and workplace. Working outside those terms is not permitted. If you change any of these details, an amendment or a new permit is required. If employment ends, the work permit must be returned to the Department of Employment within the deadline set by law, and you should address any visa consequences immediately.

Penalties for working without a permit or outside the permit conditions can include fines, cancellation of permission to stay, and potential bans. Employers face fines per unauthorized worker and enhanced penalties for repeat violations. Thailand also reserves certain occupations for Thai nationals. Be sure your role is not on a restricted list or is clearly allowed under a conditional exception.

Processing times vary by office and case. Non-BOI applications often take several business days once complete. Fees are set by regulation and can vary based on the permit duration. Always check current fee schedules at the time of filing.

Frequently Asked Questions

Do I need a work permit if I am working in Bang Khen for a short project?

Yes, generally any work performed in Thailand requires authorization. There is a mechanism for urgent and necessary work for short assignments, but you must notify and comply with the specific rules before starting. Consult an expert to confirm the correct route for your situation.

Can I work while my work permit application is pending?

Not in a standard case. You normally must wait until the permit is issued. There are limited exceptions for certain categories or urgent work notifications. Your eligibility depends on your visa type, the nature of the work, and whether a special program applies.

What visa do I need before applying for a work permit?

Most applicants use a Non-Immigrant B visa obtained from a Thai embassy or consulate. Some categories such as SMART Visa holders or BOI-supported applicants may follow different procedures. After the work permit is issued, you usually extend your stay and obtain re-entry permission at Immigration Division 1.

Can I do remote work for an overseas employer while staying in Bang Khen on a non-work status?

Thai law regulates work performed in the Kingdom. In most cases, if you are physically in Thailand and performing work, you should hold the appropriate work authorization. There are specific visa categories that allow defined work without a traditional work permit. Get tailored advice before working remotely from Thailand.

What documents are commonly required for a work permit application?

Typically you will need a valid passport with a non-immigrant visa, recent photos, an employment contract, and possibly a recent medical certificate depending on current rules. The employer provides corporate documents such as company affidavit, shareholder list, VAT or tax registration, financial or capital evidence, and often a workplace map. Requirements can change, so confirm with the Bangkok Employment Office handling your district.

What if my job title or work location changes after my permit is issued?

You must apply to amend your work permit before performing the changed work or moving locations. Working outside the permit conditions can result in penalties. Plan amendments in advance to avoid gaps.

How long does it take to get a work permit in Bangkok?

Timeframes vary by category and office workload. Standard non-BOI cases in Bangkok often take several business days once a complete application is filed. BOI-supported cases and certain programs can be faster through one-stop processes. Incomplete documents are the most common cause of delay.

Are there jobs that foreigners cannot do?

Yes. Thailand maintains a list of occupations reserved for Thai nationals and some occupations that foreigners can do only under specified conditions. Always verify that your role is permitted before applying.

What are the consequences of working without a permit?

Foreign workers can face fines and cancellation of permission to stay, and may be required to leave Thailand. Employers can be fined per unauthorized worker, with higher penalties for repeat offenses. Enforcement in Bangkok is active, so compliance is essential.

Do volunteers and interns need a work permit?

Volunteer work and unpaid internships can still be considered work under Thai law. In many cases a permit or notification is required. The exact approach depends on the host organization and the nature of the activities.

Additional Resources

Department of Employment, Ministry of Labour. This is the primary authority that issues work permits and sets implementing rules. You can contact the Ministry of Labour hotline at 1506 for information and guidance.

Bangkok Employment Office for your district. Work permit filings in Bangkok are handled by area offices according to the employer or worksite address. Confirm the correct office for Bang Khen before filing.

Immigration Bureau, Division 1 at the Government Complex on Chaeng Watthana Road. This office handles visa extensions, re-entry permits, and 90-day reporting for Bangkok residents.

Board of Investment and the one-stop investment service centers. BOI-supported companies and qualifying experts may use streamlined work authorization processes, with different ratios and documentary requirements.

Department of Business Development. Employers may need up-to-date corporate affidavits, shareholder lists, and registration documents for work permit filings.

Social Security Office. Employers are required to register employees for social security and maintain ongoing compliance.

Next Steps

Confirm your eligibility and role. Make sure your intended position is not restricted, and that the employer can meet capital and staffing thresholds or qualifies for an exemption.

Select the correct visa pathway. If you are abroad, obtain the right non-immigrant visa before arrival. If you are in Thailand, ask about lawful conversion options without leaving the country. Special programs like BOI, SMART Visa, or long-term resident categories may offer tailored routes.

Prepare documents early. Coordinate with your employer to gather corporate records, employment letters, and supporting evidence. Prepare your passport, visa, photos, and any medical certificate that may be required under current office instructions.

File with the correct Bangkok Employment Office. Submit a complete application for your work permit or amendment. Keep official receipts and track processing timelines.

Complete immigration steps. After your work permit is issued, apply for the appropriate visa extension and re-entry permission at Immigration Division 1 on Chaeng Watthana. Keep to your 90-day address reporting schedule.

Consider engaging a lawyer. A local lawyer who handles Bangkok work permits can review your case, prevent avoidable refusals, coordinate filings with the correct offices, and represent you if issues arise.

Stay compliant. Work only within the scope, location, and employer shown on your permit. Amend promptly if anything changes, and return the permit if employment ends. Maintain tax and social security compliance to avoid penalties.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.