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  1. #1
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    WORKING OF ALIENS ACT 1978 (English Language Version)

    All you foreigners living and working in Thailand will need to keep this one in mind, it's all about your Work Permits:


    [Translation]


    WORKING OF ALIENS ACT,
    B.E. 2521 (1978)
    ________________





    BHUMIBOL ADULYADEJ, REX.
    Given on the 8th Day of July B.E. 2521,
    Being the 33rdYear of the Present Reign.



    His Majesty King Bhumibol Adulyadej is graciously pleased to
    proclaim that:
    Whereas it is expedient to revise the law on working of aliens;
    Be it, therefore, enacted by the King, by a, Part and with the advice and
    consent of the National Legislative Assembly as follows:

    Section 1. This Act is called the "Working of Aliens Act, B.E.
    2521."

    Section 2. This Act shall come into force as from the day
    following the date of its publication in the Government Gazette.*


    Section 3. The Announcement of the National Executive
    Council No. 322, dated 13th December B.E. 2515 shall be repealed.


    Section 4. This Act does not apply to performance of specific
    duty by aliens in the Kingdom in the following capacities:
    (1) as members of a diplomatic mission;
    (2) as members of a consular mission;
    (3) as representatives of member countries and officials of the
    United Nations and specialized institutions;
    (4) as personal servants coming from foreign countries to work
    regularly for persons in (1) or (2) or (3)

    (5) as persons who perform duty or mission under an agreement
    concluded between the Government of Thailand and foreign Governments or
    international organizations;
    (6) as persons who perform duty or mission for the benefit of
    education, culture, art, sports or other activities as may be prescribed by the
    Royal Decree;
    (7) as persons permitted by the Government of Thailand to enter
    and perform any duty or mission.


    Section 5. In this Act,
    "alien" means a natural person who is not of Thai nationality;
    "work" means engaging in work by exerting energy or using
    knowledge whether or not in consideration of wages or other benefit;
    "permit" means a work permit;
    "holder of permit" means an alien who has been granted a permit;
    "Committee" means the Committee Considering Working of Aliens;
    "competent official" means person appointed by the Minister for
    the execution of this Act;
    "Registrar" means person appointed by the Minister as Registrar
    of working of aliens;
    "Director-General" means the Director-General of the Labour
    Department;
    "Minister" means the Minister having charge and control of the
    execution of this Act.


    Section 6. Subject to section 12, any work which an alien is
    prohibited to engage in any locality and at any particular time and whether
    subject to absolute or conditional prohibition, and to any extent shall be prescribed by
    the Royal Decree.


    Section 7. Subject to section 10, an alien may engage in any
    work which is not prohibited by the Royal Decree issued under section 6 only upon receipt of a permit from the Director-General or official entrusted by the
    Director-General except an alien who is permitted to enter the Kingdom for
    temporary stay under the law on immigration in order to engage in the work
    which is of necessity and urgency for period not longer than fifteen days, but
    such alien may engage in the work after he has notified the Director-General or
    official entrusted by the Director-General in writing in the forms prescribed by
    the Director-General.


    Section 8. Subject to the law on immigration, any person
    wishing to employ an alien in his business in the Kingdom may submit an
    application on behalf of the alien to the Director-General or official entrusted
    by the Director-General.

    The Director-General or official entrusted by the Director-
    General may issue permit to an alien under paragraph one only after the entry
    into the Kingdom of such alien.


    Section 9. In granting a permit to alien under section 7 and
    section 8, the Director-General or official entrusted by the Director-General
    may prescribe any condition therein for the alien to comply therewith. In such
    case, the alien is required to give assurances that he would comply with such
    conditions and in the case under section 8, such alien shall give assurances prior
    to his entry into the Kingdom.


    Section 10. An alien who has been permitted entry to work in
    the Kingdom under the law on promotion of investment or other laws shall
    apply for a permit with the Director-General or official entrusted by the
    Director-General within thirty days from the date of his entry into the Kingdom,
    but if such alien is already in the Kingdom, the period of thirty days shall begin
    as from the day he is aware that he has been granted permission to work under
    the law on promotion of investment or other laws. Pending the issue of permit,
    the applicant shall be allowed to engage in such work.

    Upon receipt of application, the Director-General or official
    entrusted by the Director-General shall issue a permit without delay.


    Section 11. An alien who may apply for a permit under section
    7 must possess the following qualifications:


    (1) having a place of residence in the Kingdom or having been
    permitted entry into the Kingdom for temporary stay under the law on
    immigration but not as tourist or in transit;
    (2) not being disqualified or prohibited under the conditions
    prescribed by the Minister as published in the Government Gazette.


    Section 12. The following aliens may engage in only such
    works which have been prescribed by the Minister as published in the
    Government Gazette. In such Notification, the Minister may prescribe any
    condition as he may deem appropriate:


    (1) aliens under a deportation order under the law on deportation
    who have been permitted to engage in profession at a place in lieu of
    deportation or while awaiting deportation;
    (2) aliens whose entries into the Kingdom have not been
    permitted under the law on immigration and are awaiting deportation;
    (3) aliens who are born within the Kingdom but have not
    acquired Thai nationality under the Announcement of the National Executive
    Council No. 337, dated 13th December B.E. 2515 or under other laws;
    (4)aliens whose Thai nationality has been revoked under the

    Announcement of the National Executive Council No. 337, dated 13th
    December B.E. 2515 or under other laws.

    An alien may engage in such works as prescribed by the Minister
    under paragraph one only upon receipt of a permit from the Director-General or
    official entrusted by the Director-General.

    Section 13. Permits issued under this Act shall be valid for one
    year from the date of issue except:


    (1) the permit issued to an alien under section 10 shall be valid
    for such period which he has been permitted to work under such laws;
    (2) the permit issued to an alien under section 12 shall be valid
    for the period prescribed by the Director-General or official entrusted by the
    Director-General which must not exceed one year from the date of issue;
    (3) the permit issued to an alien who has been permitted entry
    into the Kingdom for temporary stay under the law on immigration shall be
    valid for such period which he has been permitted to stay in the Kingdom at the
    time of the issue of the permit;
    (4) the permit issued to an alien who has been permitted entry
    into the Kingdom for temporary stay under the law on immigration without
    definite period shall be valid for thirty days from the date of issue.


    Section 14. In the case a holder of permit which is issued under
    section 10 has received extension of working period under such laws, the
    holder thereof shall notify the Registrar within thirty days from the date of
    receiving extension and the Registrar shall record such extension in the permit.


    Section 15. Before a permit is expired and if the holder of
    permit wishes to continue working, he shall apply for a renewal of the permit
    with the Registrar prior to the expiration thereof. In such case, the applicant for
    renewal of the permit may continue working until the Registrar issues an order
    refusing the renewal of the permit.

    Each renewal of permit shall be valid for one year, except

    (1) the renewal of permit under section 13 (3) shall be valid for
    the period not more than the extension which the holder has been permitted to
    stay in the Kingdom;
    (2) the renewal of permit under section 13 (4) shall be valid for
    thirty days each time unless such alien has been permitted to stay in the
    Kingdom under the law on immigration for a definite period which is longer
    than thirty days in which case the renewal of permit shall be for such period
    which he has been permitted to stay in the Kingdom, but not longer than one year.

    Section 16. The Minister has the power to issue Ministerial
    Regulations prescribing forms, rules and procedures in the following cases:


    (1) application for and issue of permit under section7, section 8,
    section10 and section 12;
    (2) application for renewal and renewal of permit under section
    15;
    (3) application for and issue of permit substitute under section
    19;
    (4) application for and issue of permission to change work or
    locality or place of work under section 21;
    (5) issue of identity card under section 31.


    Section 17. In the case of refusing to issue a permit or not
    granting permission under section7, section 8, section 10, section12 or refusing
    to renew the permit under section 15 or not granting permission to change the
    work or locality or place of work under section 21, the applicant has the right to
    appeal to the Minister by submitting a written appeal to the Director-General or
    official entrusted by the Director-General or the Registrar, as the case may be,
    within thirty days from the date of the knowledge of the order of refusal. Upon
    receipt of the appeal, it shall be referred to the Committee within fifteen days
    and the Committee shall then consider and submit its opinion to the Minister
    within fifteen days and the Minister shall complete his consideration of the
    appeal within thirty days. The decision of the Minister shall be final.

    In the case of an appeal against an order refusing the renewal of a
    permit under section 15 as mentioned in paragraph one, the appellant has the
    right to continue working until the Minister decides on the appeal.


    Section 18. A holder of permit must keep the permit on himself
    or at the place of work during work in order that it may be readily shown to
    competent official or Registrar.


    Section 19. If a permit is materially damaged or lost, holder of
    the permit shall apply for a substitute with the Registrar within fifteen days
    from the date of the Knowledge of such damage or loss.


    Section 20. In the case an alien resigns from work which is
    specified in the permit, he shall return the permit to the Registrar of Changwat
    where the place of work is situated within seven days from the date of his
    resignation.


    Section 21. A holder of permit shall not engage in the work
    other than that which is specified in the permit or change locality or place of
    work from that which is specified in the permit unless a permission is obtained
    from the Registrar.


    Section 22. No person shall employ an alien who has no permit
    nor employ him in the work which is of different description or condition from
    that specified in the permit.


    Section 23. Any person who employs an alien, or transfers an
    alien to work in a locality other than that which is specified in the permit, or has
    an alien resigning from his employment, shall notify the Registrar within fifteen
    days from the date of employment, transfer or resignation.

    The notice under paragraph one shall be in the form prescribed by
    the Director-General.


    Section 24. There shall be a committee called the "Committee
    Considering Alien's Work" consisting of the Permanent-Secretary for Interior
    or person entrusted by the Permanent-Secretary for Interior as Chairman, a
    representative of the Ministry of Foreign Affairs, a representative of the
    Ministry of Industry, a representative of the Department of Local
    Administration, a representative of the Police Department, a representative of
    the Department of Social Welfare, a representative of the Department of Public Prosecution, a representative of the Department of Trade Registration, a
    representative of the Department of Internal Trade, a representative of the
    office of the Board of Investment, a representative of the office of the National
    Economic and Social Development Board, and not more than three other
    persons appointed by the Minister as committee members and a representative
    of the Labour Department as member and secretary.


    Section 25. Members appointed by the Minister hold office for
    a term of two years and may be re-appointed.


    Section 26. Members appointed by the Minister vacate office
    prior to the end of term upon:


    (1) death;
    (2) resignation;
    (3) removal by the Minister.

    In the case members are appointed during the term of members
    already appointed, notwithstanding it is a new or additional appointment, the
    appointees shall hold office only for the remaining terms of the members
    already appointed.


    Section 27. The Committee has the duty to consider, give
    recommendation or advice to the Minister as follows:


    (1) the issue of Royal Decrees under section 4 (6) and section 6;
    (2) prescription of work which the Minister may publish under
    section 12;
    (3) the issue of Ministerial Regulations under section 16;
    (4) consideration of appeal of order under section 17;
    (5) other matters as entrusted by the Minister.


    Section 28. At a meeting, the presence of not less than one-half
    of all the members shall constitute a quorum. If the Chairman does not attend or is unable to perform his duty, the members present shall elect one among
    themselves to preside over the meeting.

    The decision of the meeting shall be made by majority of votes.
    Each member shall have one vote; and in case of an equality of votes, the
    person presiding over the meeting shall have an additional vote as casting vote.


    Section 29. The Committee has the power to appoint a sub-
    committee to carry out any activity or consider any matter within the scope of
    duty of the Committee.

    The provisions of section 28 shall apply to the meeting of a sub-
    committee mutatis mutandis.

    Section 30. In performing the duties under this Act, the
    Director-General or official entrusted by the Director-General, Registrar or
    competent official is empowered to:

    (1) issue a written inquiry or summon any person to provide facts
    as well as to require him to produce any document or evidence;

    (2) enter any premises during the period which is believed to be the working period
    under a reasonable belief that an alien is working there in order to ensure
    compliance with this Act. For this purpose, he is empowered to inquire into
    facts or request production of any document or evidence from the person who is
    responsible for or connected with such place.

    In performing the duty under (2) , the owner or occupant of such
    premises or person who is responsible for or connected with the said premises
    shall render appropriate facilities.

    Section 31. The Registrar and competent official must have
    identity cards.

    In the performance of duty, the Registrar and competent official
    must produce their identity cards upon request of the person concerned.

    Section 32. In performing the duties under this Act, the
    Director-General or official entrusted by the Director-General, Registrar or
    competent official shall be an official under the Criminal Code.

    Section 33. Any alien who is working in violation of the Royal
    Decree issued under section 6 shall be liable to imprisonment for a term not
    exceeding five years or to a fine from two thousand Baht to one hundred
    thousand Baht or to both.

    Section 34. Any alien who is working in violation of section 7
    or in violation of the conditions specified under section 9 or works without a
    permit or in violation of the conditions prescribed by the Minister under section
    12 shall be liable to imprisonment for a term not exceeding three months or to a
    fine not exceeding five thousand Baht or to both.

    Section 35. Any alien who is working in violation of section 10,
    section 18 or section 20 shall be liable to a fine not exceeding one thousand Baht.

    Section 36. Any holder of permit who fails to comply with
    section 14 or section 19 shall be liable to a fine not exceeding five hundred
    Baht.

    Section 37. Any alien who continues working after his permit
    has expired without applying for a renewal before the expiration thereof or has
    applied for a renewal but the Registrar has issued an order refusing the renewal
    of the permit under section 15 and such alien has not appealed the order of the
    Registrar, or if he has appealed but the Minister has decided not to grant
    renewal of the permit under section 17 shall be liable to imprisonment for a
    term not exceeding three months or to a fine not exceeding five thousand Baht
    or to both.


    Section 38. Any holder of a permit who violates section 21 shall
    be liable to imprisonment for a term not exceeding one month or to a fine not
    exceeding two thousand Baht or to both.

    Section 39. Any person who employs an alien in violation of
    section 22 shall be liable to imprisonment for a term not exceeding three years
    or to a fine not exceeding sixty thousand Baht or to both.

    Section 40. Any person who violates section 23 or section 42
    shall be liable to a fine not exceeding one thousand Baht.

    Section 41. Any person who fails to comply with a written
    inquiry or summons or refuses to provide facts or furnish document or evidence, or
    obstructs or fails to render facilities to the Director-General or official
    entrusted by the Director-General, or the Registrar or competent official in the
    performance of their duties under section 30 shall be liable to a fine not
    exceeding three thousand Baht.

    Section 42. Any person who employs an alien in his business
    prior to the date the Announcement of the National Executive Council No. 322,
    dated 13th December B.E. 2515 comes into force and has not, up to the date
    this Act comes into force, submitted particulars concerning aliens in his
    employment under Clause 35 of the said Announcement, shall submit the said
    particulars in the form prescribed by the Director-General within forty-five
    days from the date this Act comes into force.

  2. #2
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    Part 2
    Section 43. A Permit issued under the Announcement of the
    National Executive Council No. 322, dated 13th December B.E. 2515 shall
    continue to be valid as long as it has not expired and the holder of permit
    continues to engage in the work for which he has been granted the permit.

    Section 44. An alien who has a place of residence in the
    Kingdom under the law on immigration and is working prior to the date the
    Announcement of the National Executive Council No. 322, dated 13th December
    B.E. 2515 comes into force and has applied for a permit with the Director-
    General or official entrusted by the Director-General under Clause 34
    paragraph one of the said Announcement and the Director-General or official
    entrusted by the Director-General has issued the permit which has not been
    collected by the alien who is still working on the date this Act comes into force,
    shall collect the permit within sixty days from the date this Act comes into
    force, otherwise such permit will be regarded as having expired at the end of the
    said period.

    Section 45. An alien under section 12 who is engaging in any
    work on the date this Act comes into force may continue in such work until
    there is a Notification of the Minister under section 12

    After the Minister has issued a Notification under section 12, in
    the case the work which an alien is engaging is permitted under the Notification
    of the Minister, such alien may continue in such work but must apply for a
    permit within ninety days from the date the Notification of the Minister comes
    into force. In the case the work which an alien is engaging is prohibited under
    the Notification of the Minister, such alien may continue in such work for one
    hundred and eighty days from the date this Act comes into force.

    Section 46. All the Royal Decrees, Ministerial Regulations and
    Notifications or Orders of the Minister or the Director-General or permits
    which have been issued or given by virtue of the Announcement of the National
    Executive Council No. 322, dated 13th December B.E. 2515 insofar as they are
    not contrary to or inconsistent with this Act shall remain in force and shall be
    regarded as the Royal Decrees, Ministerial Regulations and Notifications or
    Orders of the Minister or the Director-General, or permits issued under this Act.


    Section 47. The Minister of Interior shall have charge and
    control of the execution of this Act and shall have the power to appoint the
    Registrar and competent officials and issue Ministerial Regulations prescribing
    fees not in excess of the rates attached hereto, granting exemption of fees and
    prescribing other activities for the execution of this Act.


    Ministerial Regulations shall come into force after their
    publication in the Government Gazette.


    Countersigned by:
    General Kriangsak Chomanan
    Prime Minister



    Certified correct translation


    (Taksapol Chiemwichitra)
    Office of the Council of State

  3. #3
    Not again! machangezi's Avatar
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    Thanks William.

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    Quote Originally Posted by William
    All you foreigners living and working in Thailand will need to keep this one in mind, it's all about your Work Permits:
    What's that then?

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    Its something intelligent people make sure they get to avoid the risk of being deported as an illegal immigrant.

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    Not an expat Fabian's Avatar
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    Smeg, why should I need that?

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    Mid
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    Too many foreign workers without working permits
    SIRIPAT SUKSAENGSRI

    BANGKOK, 11 October 2010 (NNT) The Thailand Development Research Institute has pointed out that the number of illegal foreign workers has jumped in the past decade.

    Thailand Development Research Institute Director Dr. Yongyuth Chalamwong said the number of foreign workers in Thailand has increased dramatically, from 350,000 people to approximately 2 million people in the past ten years.

    This is due to the registration system which allows new employees to be added to the existing workforce without forcing those whose work permits have expired to leave the country as required by law.

    What makes the matter worse is that an increase in the number of illegal workers has paved way for employers to take advantage of them, with the help of corrupt officials, by paying them much lower than the minimum wage specified by the present labor law.

    Overall, the situation is bad for the nation, as it stands to gain nothing. Only unscrupulous employers can reap enormous profits from hiring illegal workers; other employers will most likely follow suit, which in turn, will eventually cause more problems

    thainews.prd.go.th

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    Member Roger Lee's Avatar
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    First Post and a question

    Okay, I know I'm probably wrong and it's not even wishful thinking.

    In the first post there's a section that states:

    (6) as persons who perform duty or mission for the benefit of
    education, culture, art, sports or other activities as may be prescribed by the
    Royal Decree;


    The way I read this is school teachers (as persons who perform duty or mission for the benefit of education) are exempt from this law, i/e work permits are not required.




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    Mid
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    Hi Roger , I'm far from an expert but I suspect your missing a Royal Decree and thus do need a work permit .

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    Member rangmak's Avatar
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    Quote Originally Posted by Roger Lee View Post
    Okay, I know I'm probably wrong and it's not even wishful thinking.

    In the first post there's a section that states:

    (6) as persons who perform duty or mission for the benefit of
    education, culture, art, sports or other activities as may be prescribed by the
    Royal Decree;


    The way I read this is school teachers (as persons who perform duty or mission for the benefit of education) are exempt from this law, i/e work permits are not required.
    RL,
    The section you are referring to, has been amended.
    If you are planning to be a teacher, you will need a work permit. All government schools require that you have one. You will also be required to show a tax receipt if you want to carry it on to another working year.

  11. #11
    Pedantic bastard
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    Quote Originally Posted by rangmak View Post
    RL,
    The section you are referring to, has been amended.
    If you are planning to be a teacher, you will need a work permit. .
    I had a friend who had been in Thailand for donkeys years (fluent read/write Thai etc) who worked in a government Uni. He argued for years with the work permit department that he did not need one according to the law. Seems they agreed that was what the law said, and still told him he needed a work permit.

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    What makes the matter worse is that an increase in the number of illegal workers has paved way for employers to take advantage of them, with the help of corrupt officials, by paying them much lower than the minimum wage specified by the present labor law.
    They pay much lower than 180b a day?...

  13. #13
    Member rangmak's Avatar
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    Thx Nid. Ok my correction. All government primary and secondary schools will require you to have one. A Uni can list you as a lecturer or something else (it is up to them) Safer if you have one.

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    Member rangmak's Avatar
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    Ok, found out from one of the provincial offices of education. All foreign teachers have to have a current working permit. A guest lecturer is not required to have one (but the school has to do a lot of paper work). The only thing that is not required by a uni. instructor is a bachelor or master degree. That is solely a choice of the director of the school. All primary and secondary school teachers have to have required certs and education level to teach (in a programme). If teaching non programme courses, it is not necessary to have a degree, but must have a cert. (tefl,certa, other such) It is up to the director.

  15. #15
    Pedantic bastard
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    Quote Originally Posted by rangmak View Post
    Ok, found out from one of the provincial offices of education. All foreign teachers have to have a current working permit. .
    Indeed. But you kinda missed my point.

    Yes, you are REQUIRED to have a work permit - even though the law actually says differently.

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    Member rangmak's Avatar
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    ^ This makes me laugh (at myself). Actually, I did get it the first time. I have been working too much and to long on a project of mine and seem to really want to put some information out there. Thanks for letting me know, I should take a rest.

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    Pedantic bastard
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    ^ Cool. No probs.

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    Quote Originally Posted by Chairman Mao View Post
    What makes the matter worse is that an increase in the number of illegal workers has paved way for employers to take advantage of them, with the help of corrupt officials, by paying them much lower than the minimum wage specified by the present labor law.
    They pay much lower than 180b a day?...

    yes, the seasonal local workers who are from Myanmar get B150 a day

  19. #19
    Member EssEffBee's Avatar
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    Since I do not appear to have the ability to post attachments, I will resort to a 'cut & paste' of the latest 'Working of Aliens Act 2008'.

    I have not bothered to edit the copied document. If I was able to post attachments, the attached document would be much easier to read.


    Alien Working Act, B.E.2551 (2008)
    Translation
    BHUMIBOL ADULYADEJ, REX.
    Given on the 13th February B.E. 2551
    Being the 63rd year of the present Reign
    His Majesty King Bhumibol Adulyadej has been graciously pleased to proclaim that:
    Whereas, it is expedient to have the Law Governing Alien Working.
    This Act contains the provisions in relation to the restriction of rights and liberties of
    persons, in respect of which Section 29, in conjunction with Section 32, Section 33, Section
    34 and Section 43 of the Constitution of the Kingdom of Thailand so permit by virtue of
    law.
    Be it, therefore, enacted an Act by the King, by and with the advice and consent of
    National Legislative Assembly, as follows.
    Section 1
    This Act shall be called "Alien Working Act, B.E. 2551 (2008)"
    Section 2
    This Act shall come into force from the day following the date of its publication in the
    Government Gazette.
    Section 3
    The followings shall be repealed:
    (1) Alien Working Act, B.E. 2521,
    (2) Alien Working Act, (No.2), B.E. 2544.
    Section 4
    This Act shall not apply to duty performances in the Kingdom of aliens, particularly, in the
    following positions:
    (1) persons in diplomatic delegations,
    (2) persons in consular delegations,
    (3) representatives of member countries and staffs of the United Nations
    Organization and Expert Bureau,
    (4) personal servants traveling from foreign countries to perform permanent work
    for persons under (1), (2) or (3),
    (5) persons performing duties or missions in accordance with the agreement which
    the Thai government has made with foreign governments or international
    agencies,
    (6) persons performing duties or missions for the advantages of educations,
    cultures, arts, sports or other activities which, in this connection, shall be
    stipulated by the Royal Decree,
    (7) persons authorized by the Council of Ministers to enter the Kingdom to perform
    any duties or missions which, in this connection, conditions on the matter may
    be or may not be stipulated.

    Section 5
    In this Act:
    "Alien" means a non-Thai nationality natural person.
    "Working" means a working by physical strength or knowledge whether or not intended for
    wages or any other benefits.
    "Permit" means a Work Permit.
    "Recipient of Permit" means an alien receiving the Permit.
    "Employee" means a recipient of the Permit in accordance with Section 9, Section 11,
    Section 13 (1) and (2) and Section 14 to perform work prescribed under Ministerial
    Regulation issued under Section 15 herein.
    "Fund" means the Alien Out-of-Kingdom Repatriation Fund.
    "Fund Committee" means the Alien Out-of-Kingdom Repatriation Fund Committee.
    "Committee" means the Committee considering alien working.
    "Appeal Considering Committee" means the Committee considering working appeal of
    aliens.
    "Competent Official" means a person appointed by the Minister to execute in accordance
    with this Act.
    "Registrar" means Director-General and a Competent Official appointed by the Minister at
    the recommendation of the Director-General in order to issue the Permits and perform
    other acts in accordance with this Act.
    "Director-General" means Department of Employment Director-General.
    "Minister" means the Minister having charge and control in accordance with this Act.
    Section 6
    Labor Minister shall have charge and control in accordance with this Act and shall have the
    power to issue Ministerial Regulations, fix the fees not exceeding the rates indicated in the
    attached Schedule, exempt payments of the fees and prescribe other activities for the
    executions in accordance with this Act. A Ministerial Regulation, once published in the
    Government Gazette shall be enforceable.
    Chapter 1
    Alien Working
    -------------
    Part 1
    General
    Section 7
    Any work may be performed, in whichever locality and when by aliens shall be in
    accordance with the requirements stipulated under the Ministerial Regulation by taking into
    account the national security, career opportunity of the Thai people and demand for alien
    labors necessary for national developments which, in this connection, such requirements
    may be stipulated variedly among the aliens themselves in accordance with Section 13 and
    Section 14 herein.
    The provisions under paragraph one above shall not apply to alien working in accordance
    with Section 12 herein.

    Section 8
    For the purpose in limiting the alien number not being craftsmen or experts to come in to
    do some category or nature of works in the Kingdom, the Minister, with the approval of the
    Council of Ministers, may prescribe a directive by publishing in the Government Gazette for
    the collections of the fees on the employments of aliens not being the craftsmen or experts
    who will come in to do some category or nature of works in the Kingdom.
    Whoever desiring to employ aliens in accordance with paragraph one above, shall notify
    the Registrar in accordance with the format prescribed by the Director-General and pay the
    fee at least three days prior to making the employment contract.
    Whoever failing to comply with the provisions under paragraph two above shall pay an
    additional surcharge of one time of the fee required to be paid.
    Part 2
    Work Permit
    Section 9
    No alien shall be permitted to do any work other than those set forth under Section 7
    above and unless receiving Work Permit from the Registrar except an alien coming into the
    Kingdom temporarily in accordance with the Law Governing the Immigrant to do necessary
    and urgent work with the working period not exceeding fifteen days and that such alien
    can commence working only when pertinent letter of notification has been conveyed to the
    Registrar. In issuing the Permits, the Registrar may stipulate conditions for the aliens to
    comply with, as well.
    The Permits, applications for Permits, issuances of Permits and conveyances of
    notifications under paragraph one above shall be in accordance with the format and
    procedures prescribed under the Ministerial Regulation.
    Director-General may as well lay down the rules in outlining the guidance on the
    stipulation of conditions under paragraph two above for the Registrar to comply with.
    Section 10
    An alien eligible to apply for a Permit under Section 9 above must have a residence in the
    Kingdom or must be authorized to enter the Kingdom temporarily in accordance with the
    Law Governing the Immigrant, not being an alien authorized to come in as a tourist or
    transit traveler and shall possess no prohibitions prescribed under the Ministerial
    Regulation.
    Section 11
    Whoever desiring to employ aliens residing outside the Kingdom to do his work in the
    Kingdom may submit the applications for the Permits and pay the fees on behalf of such
    aliens. The applications for the Permits on behalf of the aliens under paragraph one above
    shall be in accordance with the procedures prescribed under the Ministerial Regulation.
    Section 12
    In permitting aliens to work in the Kingdom in accordance with the Law Governing
    Investment Promotion or the other laws, the person giving permissions in accordance with
    such laws shall convey letters of notification on such permissions to the Registrar together
    with relevant details immediately. Upon receiving the notifications in accordance with
    paragraph one above, the Registrar shall issue the Permits to such aliens within seven
    days from the date of receiving the notifications.
    During the waiting period for the Permits under paragraph two above, such aliens shall be
    able to work for that time being with the exception that they are not required to comply
    with Section 24 until the date on which the Registrar has notified them to pick up the
    Permits.

    Section 13
    An alien who is not eligible to obtain a Permit because of the following reasons may submit
    an application to the Registrar for a Permit to do the work under the category prescribed
    by the Council of Ministers by publishing in the Government Gazette in accordance with the
    Committee by taking into account the national security and social impact:
    (1) Having been deported in accordance with the Law Governing Deportation,
    however, he/she has been given a leniency to make a living at any place in lieu
    of deportation or under the period pending deportation.
    (2) Entering into or residing in the Kingdom without a permission in accordance with
    the Law Governing the Immigrant but has been permitted to stay in the
    Kingdom temporarily pending repatriation out of the Kingdom in accordance with
    the Law Governing the Immigrant.
    (3) Nationality has been withdrawn in accordance with the Revolutionary Party
    Announcement No. 337, dated 13 December 1972, or the other laws.
    (4) Being born in the Kingdom but has not been given the Thai nationality in
    accordance with the Revolutionary Party Announcement No. 337, dated 13
    December 1972. (5) Being born in the Kingdom but has not been given the Thai
    nationality in accordance with the Law Governing Nationality. On the
    Announcement under paragraph one above; the Council of Ministers may as well
    prescribe any conditions therewith.
    An application for and an issuance of a Permit in accordance with paragraph one above
    shall be in accordance with the procedures prescribed under the Ministerial Regulation.
    Section 14
    An alien having the residence in and being the citizen of the country having common
    border with Thailand, if entering into the Kingdom by using document in lieu of his
    passport in accordance with the Law Governing Immigrant, may be permitted to do some
    certain category or nature of work in the Kingdom on a temporary basis during the
    prescribed periods or seasons provided, however, that this rules shall be applicable to
    working in the locality having the common border or the continuous area of such locality.
    An alien desiring to work in accordance with paragraph one above, shall submit an
    application for a temporary Work Permit together with producing document used in lieu of
    the passport to the Registrar and pay the fee as prescribed under the Ministerial
    Regulation.
    On the issuance of a Work Permit, the Registrar shall indicate the locality or place
    permitted to work, length of time permitted to work category or nature of work and the
    employer for whom such alien will be working which all these shall be in accordance with
    the format and procedures prescribed under the Ministerial Regulation.
    The provisions under this Section will apply to whichever locality, alien of whatever
    nationality, whatever category or nature of work to be performed, whichever the period or
    season the work to be performed, how the condition will be, shall be in accordance with
    the requirements prescribed by the Council of Ministers by publishing in the Government
    Gazette.
    Section 15
    Employees receiving Work Permits in accordance with Section 9, Section 11, Section 13 (1)
    and (2) and Section 14 exclusively the works prescribed under the Ministerial Regulation
    shall send in the money as contributions to the Fund as guarantees to cover the expenses
    in repatriating such employees out of the Kingdom which, in this respect, the employers
    shall have the duties to deduct such money from the employees' wages for contributing to
    the Fund.
    The employees' amounts of money required to be contributed to the Fund, wage
    deductions, and the sending of the wages in to the Fund in accordance with paragraph one

    above shall be in accordance with the rules, procedures, schedules and rates prescribed
    under the Ministerial Regulation which, in this respect, such amounts and rates may be
    fixed differently for employees of each nationality by taking into account the expenses in
    repatriating employees of each nationality out of the Kingdom.
    The provisions under paragraph one above shall not apply to employees having the
    Receipts in accordance with paragraph one of Section 16 herein which show that such
    employees have already sent the money in full amount in to the Fund or having
    Certificates in accordance with paragraph two of Section 16 and the employees where it
    appears in accordance with the evidences of the Registrar that they have already paid in
    the money in full amount to the Fund provided, however, that this shall be exclusively for
    the employees who have never received money back in accordance with Section 18 herein
    or have never been repatriated in accordance with Section 20.
    Section 16
    Once the employer has already sent in the wage of any employee to the Fund, the
    Registrar shall issue a Receipt to the employer and that, at least, the name and Serial
    Number of the employee whose wage has already been deducted, the amount of money
    having been sent in and the amount in arrears must be indicated on such Receipt and the
    employer shall give such Receipt to the employee for retention as an evidence.
    When an employee's wage has been deducted for contribution to the Fund in full amount,
    the Registrar shall issue a Certificate to such employee as evidence.
    In the case where the Certificate under paragraph two above has been lost or damaged,
    the employee shall have the right to request for a substitute from the Registrar.
    An issuance of the Receipt under paragraph one, Certificate under paragraph two and a
    substitute under paragraph three above shall be in accordance with the format, rules and
    procedures prescribed under the Ministerial Regulation.
    Section 17
    An employer who fails to send in the wage to the Fund in accordance with Section 15 or
    sends in but not in full amount shall pay the surcharge at the rate of two percents (2%)
    per month of the unsent wage or the sent one but not in full amount.
    Section 18
    An employee leaving the Kingdom at his/her own expenses shall have the right to receive
    his/her wages deducted for contributions to the Fund back by submitting a request to the
    Registrar for the return of such wage at the Immigration Check-Point through which
    he/she has to pass to leave the Kingdom or forward a letter of notification to the Registrar
    requesting for the return of such wage.
    On a request for the return of the wage under paragraph one above, the employee must
    attach the evidence specified under paragraph one of Section 16 above in the case where
    the money has not yet been sent to the Fund in full amount or evidence in accordance with
    paragraph one or paragraph two of Section 16 above in the case where the money has
    already been sent in to the Fund in full amount.
    The Registrar shall have the duty to return the wage in accordance with paragraph one
    above to the employee within thirty days from the date of receiving the request or letter of
    notification requesting for the return of such wage, as the case may be. In the case where
    the registrar has returned the wage to the employee when such period has passed over,
    the Registrar shall return the money together with the interest at the rate of seven and a
    half percents (7.5%) per year from the date of the maturity of the thirty-day period until
    the date on which the Registrar has returned the money to the employee.
    The return of wage and interest in accordance with this Section shall be made in cash or in
    check indicating name of the employee or by way of money transfer to bank account of the
    employee provided, however, that all these shall be carry out in accordance with the rules
    prescribed by the Director-General.

    Section 19
    An employee leaving the Kingdom at his/her own expenses, if he/she should fail to request
    for the return of his/her wages deducted and sent in to the Fund in accordance with
    Section 18 above within two years from the date of leaving the Kingdom, his/her right to
    get the money back shall be deprived of and that such money shall be vested in the Fund.
    In the case where the employee under paragraph one above returned to the Kingdom and
    work in accordance with his/her original Work Permit which has not yet been expired or in
    accordance with his/her new Work Permit which is the work prescribed in the Ministerial
    Regulation issued under the provisions of Section 15 above, as the case may be, within
    two years from the date after departing the Kingdom, such employee's wage shall not be
    deducted again for sending in to the Fund except the employee's wage which used to be
    deducted and has not yet been sent in to the Fund in full amount which, in this respect,
    the employer shall deduct such employee's wage and send it in to the Fund until the
    required amount is fully contributed.
    Section 20
    When there is a case to repatriate an employee out of the Kingdom, the Fund shall pay the
    Fund's money to cover the expenses in the repatriation of such employee out of the
    Kingdom.
    In the case where the employee to be repatriated out of the Kingdom has not yet fulfilled
    money contributions to the Fund, the Fund shall pay the fund's money in contribution to
    the shortfall portion except Such employee returns to work in the Kingdom in accordance
    with the requirement of the employer, such employer shall be responsible for the amount
    which the employee has not yet sent in to the Fund in full and that the Fund shall call for
    the shortfall amount from the employer.
    Section 21
    Work Permits issued under this Act shall be valid for a period not exceeding two years from
    the date of issuance except the Work Permits issued to the aliens under Section 12 which
    shall be validly equivalent to the period of time permitting to come in to work in
    accordance with such law.
    A Work Permit under paragraph one above shall have no effect of time extension of stays
    in the Kingdom in accordance with the Law Governing the Immigrant.
    Section 22
    In the case where a working period of a person receiving a Work Permit in accordance with
    Section 12 above has been extended in accordance with such law, the person giving
    permission in accordance with such law shall convey a letter of notification on such
    working period extension to the Registrar in accordance with the format prescribed by
    Director-General immediately and that, in this connection, the Registrar shall record such
    period extension in the Work Permit.
    Section 23
    Prior to the expiration of a Work Permit and that the person receiving such Work Permit
    desires to continue doing such work, such person shall submit the application to the
    Registrar for renewal thereof.
    Once the application for the renewal thereof has already been submitted in accordance
    with paragraph one above, the person submitting the application for such renewal shall be
    permitted to continue working for the time being until the Registrar will issue an order on
    non-renewal thereon.
    A renewal of a Work Permit shall be for a period of not exceeding two years each time and
    shall do it only in the case of necessary in order to prevent the aliens from settling down in
    the Kingdom and the alien case under Section 13 (1) and (2). The total length of time
    permitted to work shall not be over a consecutive period of four years unless otherwise
    prescribed from time to time by the Council of Ministers.

    An application for a Work Permit and the renewal thereof shall be in accordance with the
    rules and procedures prescribed under the Ministerial Regulations.
    Section 24
    A Work Permit recipient must have the Work Permit kept on him/her or at his/her working
    place during the working hours to be availably produced to the Competent Official or
    Registrar at all times.
    Section 25
    Should a Work Permit be lost or damaged, the Work Permit recipient shall submit an
    application to the Registrar for a substitute of such Work Permit within fifteen days from
    the date of knowing such loss or damage.
    An application for a substitute of the Work Permit and the issuance of the substitute
    thereof shall be in accordance with the rules and procedures prescribed under the
    Ministerial Regulations.
    Section 26
    The Work Permit recipient must do the work in accordance with category and nature of
    work and with the employer at the locality or place and conditions as permitted.
    A Work Permit recipient whoever desiring to change or increase the category or nature of
    work, employer, working locality or place or conditions must be permitted by the Registrar.
    An application for a Work Permit and the permission thereof shall be in accordance with
    the rules and procedures prescribed under the Ministerial Regulations.
    Section 27
    No person shall be permitted to employ an alien to work except the alien having a Work
    Permit to work with him/her in accordance with the category or nature of work indicated
    on the Work Permit at the locality or place also indicated on the Work Permit.
    Section 28
    In the case where it is apparent that a Work Permit recipient is in violation of or fails to
    comply with the Work Permit issuing conditions, the Registrar shall have the power to
    issue an order revoking such Work Permit.
    Chapter 2
    Alien Out-of-Kingdom Repatriation Fund
    Section 29
    A Fund called "Alien Out-of-Kingdom Repatriation Fund" shall be established in Department
    of Employment for use as a circulating capital to cover the expenses in relation to the
    repatriations of alien employees and persons under deportation order out of the Kingdom
    in accordance with this Act, the Law Governing the Immigrant and the Law Governing
    Deportation, as the case may be.
    Section 30
    The Fund shall consist of money and properties as follows:
    (1) surcharges in accordance with paragraph three of Section 8 above,
    (2) money sent in to the Fund by employers according to Section 15,
    (3) surcharges in accordance with Section 17 above,
    (4) money vested in the Fund according to paragraph one of Section 19,
    (5) money collected from employers owing to paragraph two of Section 20,

    (6) money or properties given by, donors,
    (7) fees collectible in accordance with this Act as authorized by Ministry of Finance
    for use as expenses without having been required to be handed over to Treasury
    Office as the state revenue,
    (8) fruits of the Fund,
    (9) government's subsidy in accordance with paragraph two of Section 31.
    Money ad properties under paragraph one above shall be contributed to the Fund without
    having been required to be handed over to Treasury Office as the state revenue.
    Section 31
    The Fund's money shall be used on the following objectives:
    (1) To cover the expenses in repatriating employees out of the Kingdom In
    accordance with this Act.
    (2) To be returned to employees in accordance with Section 18 above and used as
    expenses for such particular business.
    (3) To be used as expenses in connection with the repatriations of aliens out of the
    Kingdom in accordance with the Law Governing the Immigrant.
    (4) To be used as expenses in connection with the sending of persons ordered
    deported out of the Kingdom in accordance with the Law Governing Deportation.
    (5) For use as expenses necessary for the Fund managements which must not
    exceed ten percents (10%) of the fruits of the Fund.
    (6) The Fund money in accordance with Section 30 (7) above and fruits of such
    money shall be used exclusively in the interest of the managements relating to
    the working of aliens of related organizations.
    In the case where the Fund money is insufficient to cover the expenses in accordance with
    paragraph one, the government shall from time to time provide the Fund with a subsidy as
    necessary.
    Section 32
    There shall be an Alien Out-of-Kingdom Repatriation Fund Committee consisting of
    Permanent Secretary for Labor as Chairman, Department of Employment Director-General
    as Vice Chairman, Immigration Office Commander, a representative of Ministry of Foreign
    Affairs, a representative of Office of the Attorney-General, a representative of The Bureau
    of the Budget, a representative of Department of Local Administration, a representative of
    The Comptroller-General's Department, a representative of Department of Social
    Development and Welfare and qualified persons in the number of not exceeding seven
    persons appointed by the Minister with the approval of the Council of Ministers from
    persons well-versed in the fields of labor, finance, industry and law, as members.
    Alien Administration Office Director shall be a member and Secretary.
    The Fund Committee may appoint officials of Department of Employment not exceeding
    two persons as Assistant Secretaries.
    Section 33
    Fund qualified members shall have each term in office for a period of three years.
    A Fund qualified member, after vacating office on normal expiration of term in office, may
    be re-appointed provided, however, that it shall not exceed two consecutive terms.
    Section 34
    Other than vacating office on normal expiration of term in office, a Fund qualified member
    vacates office upon:

    (1) death,
    (2) resignation,
    (3) becoming a bankrupt,
    (4) becoming incompetent or quasi-incompetent person,
    (5) having been discharged by resolution of the Council of Ministers because of
    misfeasance or duty corruption, misconduct or inefficiency,
    (6) being imprisoned by final judgment.
    Section 35
    The Provisions Governing the Committee Having the Administrative Consideration Power in
    accordance with the Law Governing Official Administrative Procedure shall apply to the
    appointment of the Fund Committee members, qualified members and the Fund
    Committee meetings mutatis mutandis.
    Section 36
    The Fund Committee shall have the power to appoint a Fund Committee to consider or
    carry out actions on matters as assigned by the Fund Committee.
    The Provisions Governing the Committee Having the Administrative Consideration Power in
    accordance with the Law Governing Official Administrative Procedure shall apply to the
    appointment of the Fund Sub-Committee members, and the Fund Sub-Committee
    meetings mutatis mutandis.
    Section 37
    The Fund Committee shall have the power and duty as follows:
    (1) Stipulating guidance, rules, conditions and priority on the spending of the Fund
    money in each year in accordance with the Fund objectives.
    (2) Stipulating the rules on the calculations of necessary expenses for use in
    repatriating employees, aliens or deported persons of each nationality out of the
    Kingdom.
    (3) Considering the allocation of the Fund money for spending in accordance with
    the objectives of the Fund and in line with the guidance and sequence of priority
    under (1).
    (4) Considering the allocation of the Fund money for related organizations on the
    advance for use in repatriating employees, aliens or deported persons out of the
    Kingdom.
    (5) Issuing rules relating to receiving, spending and keeping money, acquisitions of
    benefits and the Fund internal audits.
    (6) Issuing regulations relating to the rules and procedures on disbursing the Fund
    money to related organizations for use in repatriating employees, aliens or
    deported persons out of the Kingdom and withdrawing the advance under (4)
    above.
    Stipulations, considering results and rules under this Section shall be published in the
    Government Gazette.
    The rules in accordance with (5) and (6), once published in the Government Gazette, shall
    be enforceable.
    Section 38
    Department of Employment shall prepare the Fund's accounts in concordance with the
    accounting system laid down by Ministry of Finance.

    Section 39
    Office of the Auditor-General of Thailand or independent accountant approved by Office of
    the Auditor-General of Thailand shall be the Fund's auditor.
    Section 40
    The auditor shall forward a report on account audit results to the Fund Committee for
    submitting on to the Council of Ministers within one hundred and twenty days from the
    date then ending the accounting year and the Department of Employment shall
    disseminate Financial Statements having already been certified by the auditor within
    fifteen days from the date on which the Council of Ministers has acknowledged such
    Financial Statements.
    Chapter 3
    Alien Working Considering Committee
    Section 41
    There shall be an Alien Working Considering Committee consisting of Permanent Secretary
    for Labor as Chairman, National Economic and Social Development Board Secretary-
    General, National Security Council Secretary-General, National Intelligence Agency
    Director, Attorney-General, a representative of Ministry of Defense, a representative of
    Ministry of Foreign Affairs, a representative of Ministry of Cooperatives and Agriculture, a
    representative of Ministry of Interior, a representative of Ministry of Public Health, a
    representative of Ministry of Industry, a representative of Office of National Police,
    representatives of Employer and Employee Organizations in the number of not exceeding
    three persons on each side and qualified persons not exceeding four persons appointed by
    the Minister with the approval of the Council of Ministers from persons well-versed in the
    fields of labor, industry and law, as members.
    Director-General shall be a member and Secretary and Alien Administration Office Director
    shall be a member and Assistant Secretary.
    The acquisitions of positions, term of office and matter on vacating office of the
    representatives of the Employer and Employee Organizations and term of office and
    vacating office of the qualified members under paragraph one above shall be in accordance
    with the rules prescribed by the Minister with the approval of the Council of Ministers and
    published in the Government Gazette.
    Section 42
    The Committee shall have power and duty as follows:
    (1) Submitting proposals on alien working to the Council of Ministers.
    (2) Submitting recommendations to the Council of Ministers or Minister in issuing
    Royal Decrees, Ministerial Regulations, Rules and Announcements in accordance
    with this Act.
    (3) Monitoring follow-ups, controls and coordinating the working of organizations
    relating to alien working in accordance with alien working policy prescribed by
    the Council of Ministers.
    (4) Monitoring controls over work operations of Department of Employment in
    executing in accordance with this Act to assure the compliance with the alien
    working policy prescribed by the Council of Ministers.
    (5) Performing other duties as assigned by the Council of Ministers or the Minister.
    Section 43
    The Committee Meeting must be attended by members in the number of not less than a
    half of the total number of the Committee members to constitute a quorum.

    In a Committee Meeting, if the Chairman should not be present at the Meeting or cannot
    perform his duty, members in attendance shall elect a member to chair the Meeting.
    The Meeting resolution shall be decided by majority of votes. In casting the votes, one
    member shall have one vote. In the case of equality in the votes, the Chairman shall have
    an additional vote which is the casting vote.
    Section 44
    The Committee shall have the power to appoint a Sub-Committee to carry out actions as
    assigned by the Committee.
    The provisions under Section 43 above shall apply to the Sub-Committee Meetings mutatis
    mutandis.
    Chapter 4
    Alien Working Appeal Considering Committee
    There shall be an Alien Working Appeal Considering Committee consisting of Permanent
    Secretary for Labor as Chairman, a representative of Ministry of Foreign Affairs, a
    representative of National Economic and Social Development Board, a representative of
    Office of the Attorney-General, a representative of Trade Business Development, a
    representative
    of Board of Investment, a representative of Office of National Police, representatives of
    Employer and Employee Organizations in the number of one person on each side and
    qualified persons not exceeding three persons appointed by the Minister, as members.
    Director-General shall appoint an official of Department of Employment as a member and
    Secretary and another two as Assistant Secretaries.
    The acquisitions of positions, term of office and matter on vacating office of the
    representatives of the Employer and Employee Organizations and term of office and
    vacating office of the qualified members under paragraph one above shall be in accordance
    with the rules prescribed by the Minister by publishing in the Government Gazette.
    Section 46
    In the case where the Registrar has had an order of non-issuance, non-permission of a
    Work Permit in accordance with Section 9, Section 11, Section 13, Section 14 or Section
    26 or non-renewal thereof in accordance with Section 23 or revocation thereof in
    accordance with Section 28, the applicant for a Work Permit, the applicant for a
    permission, the recipient of a Work Permit or a person whose Work Permit has been
    revoked, as the case may be, shall have the right to lodge to the Appeal Considering
    Committee by making a letter for submission to the Registrar within thirty days from the
    date of receiving such notification.
    The Registrar shall forward the appeal together with the reason on the non-issuance of the
    Work Permit, non-permission, non-renewal or revocation of the Work Permit onto the
    Appeal Considering Committee within seven days from the date of receiving such appeal.
    The decision of Appeal Considering Committee shall be final.
    In the case of an appeal against a Work Permit non-renewal order in accordance with
    Section 23 above, the appellant shall have the right to continue working for the time being
    until there shall be a decision on the appeal by the Appeal Considering Committee.
    Section 47
    The Provisions Governing the Administrative Order and the Committee Having the
    Administrative Consideration Power in accordance with the Law Governing Official
    Administrative Procedure shall apply to the making of such Administrative Order and the
    Appeal Considering Committee meetings mutatis mutandis.

    Chapter 5
    Supervision and Control
    Section 48
    In performing duties in accordance with this Act, Director-General, Registrar and
    competent officials shall have the power as follows:
    (1) Forwarding a letter of inquiry or summoning any persons to give explanation on
    the facts including the handover over documents or evidences.
    (2) Entering any places during the hours when there is or where there is a
    reasonable ground to suspect that there is an alien working illegally in order to
    inspect such particular place to assure its compliances with this Act provided,
    however, that a Court Warrant is necessarily required except it is an entry
    during the hours of sunrise and sunset. In this respect, the abovementioned
    officials shall have the power to make inquiries on the facts or call for any
    documents or evidences from the persons responsible for or related to such
    place.
    Section 49
    The Registrar and competent officials must have identification cards in accordance with the
    format prescribed by the Minister by publishing in the Government Gazette. In performing
    duties, the Registrar and competent officials shall produce the identification cards to
    related persons.
    Section 50
    In performing duties in accordance with this Act, Director-General and competent officials
    shall be officials in accordance with Criminal Code.
    In the case where a competent official find an alien working without a Work Permit which is
    a violation of this Act and that such competent official had given his order to such alien to
    report to the police station along with him but such alien resisted to go with him or tried to
    escape, such competent official shall have to power to arrest such alien without Arrest
    Warrant and then escort him to the office of the police investigator immediately. For this
    purpose, the provisions under Section 81, Section 81/1, Section 82, Section 83, Section
    84, Section 85 and Section 86 of Criminal Procedure Code shall apply to the arrest under
    this Section mutatis mutandis.
    In the interest in assisting the police investigator in the investigation, the Minister may
    appoint a competent official knowledgeable and skillful on the investigation as a joint
    investigator in accordance with Criminal and Procedure Code. In this particular case, the
    competent official shall have the power and duty to assist the police investigator in the
    investigation on the offence under this Act.
    Steps of actions in making the arrest under paragraph two and joint investigations with the
    police investigator under paragraph three above shall be in accordance with the rules and
    procedures jointly prescribed by Director-General and National Police Commander.
    Chapter 6
    Penalty
    Section 51
    An alien whoever working without a Work Permit shall be liable for punishment of
    imprisonment not exceeding five years or a fine from two thousand Baht up to one
    hundred thousand Baht or both.

    In the case where an alien allegedly charged for committing the offence under paragraph
    one above agrees to travel out of the Kingdom within the period of time prescribed by the
    investigator which shall not be later than thirty days, the investigator may settle a fine and
    initiate steps of actions in repatriating such alien out of the Kingdom.
    Section 52
    A Work Permit recipient whoever working which is in violation of the conditions prescribed
    under Section 9, Section 13, Section 14 or Section 26 above shall be liable for punishment
    of a fine not exceeding twenty thousand Baht.
    Section 53
    A Work Permit recipient whoever failing to notify the Registrar in accordance with Section
    22 or failing to comply with Section 24 above, shall be liable for punishment of a fine not
    exceeding ten thousand Baht.
    Section 54
    Whoever violating Section 27 above shall be liable for punishment of a fine not exceeding
    ten thousand Baht and that if such alien should not have a Work Permit, the person
    committing such violation shall be liable for punishment of a fine from ten thousand Baht
    up to one hundred thousand Baht per one employed alien.
    Section 55
    Whoever failing to comply with a letter of inquiries or letter of summon or neglecting to
    give the facts or failing to submit documents or evidences to the Registrar or competent
    official performing duties in accordance with Section 48 above provided without reasonable
    ground shall be liable for punishment of a fine not exceeding ten thousand Baht.
    Section 56
    On the offences under this Act, except those under Section 51 herein, the Settlement
    Committee appointed by the Minister shall have the power of settlement.
    The Settlement Committee appointed by the Minister in accordance with paragraph one
    above shall consist of three persons and that one of them must be an investigator in
    accordance with Criminal Procedure Code.
    Once the Settlement Committee has already undertaken a settlement and that the alleged
    offender has paid the fine in accordance with the amount which has been settled within
    thirty days, the case shall be deemed to be dismissed in accordance with Criminal
    Procedure Code.
    Transitory Provision
    Section 57
    A Ministerial Regulation stipulating the works which may be taken up by aliens in
    accordance with Section 7 above, shall be issued for completion within two years from the
    date on which this Act has been put into force.
    During the absence of the Ministerial Regulation in accordance with Section 7 above, the
    Registrar shall permit alien to do any works except the works prescribed under the Royal
    Decree issued under Section of Alien Working Act, RE. 2521.
    Section 58
    An alien whoever having already received a Work Permit or having given a leniency to
    work under Alien Working Act, B.E. 2521, which was amended by Alien Working Act,
    (No.2), B.E. 2544, on the date which this Act has been published in the Government
    Gazette, shall be deemed to receive the Work Permit or receive a permission to work in

    accordance with this Act provided, however, that this shall be in accordance with the
    conditions prescribed in such Work Permit or leniency.
    A Work Permit issued under the Revolutionary Party Announcement, No. 322, dated 13
    December 1972, shall continue to enforceable as long as the Work Permit has not expired
    and that the Work Permit recipient is still doing such work which has been permitted.
    Section 59
    All the applications and appeals which have been submitted in accordance with Alien
    Working Act, B.E. 2521, which was amended by Alien Working Act, (No.2), B.E. 2544, prior
    to this Act has been put into force, shall be deemed to be the applications or appeals
    submitted under this Act.
    Section 60
    All Royal Decrees, Ministerial Regulations, Announcements, Council of Minister's resolutions
    or orders of the Minister or Director-General which were issued or ordered by virtue of the
    power in accordance with the provisions under Alien Working Act, RE. 2521, which was
    amended by Alien Working Act, (No.2), B.E. 2544, and were still effective on the day prior
    to the date on which this Act has been put into force shall continue to be enforceable so
    long as they are not contradictory to or inconsistent with the provisions of this Act and
    shall be deemed as the Royal Decrees, Ministerial Regulations, Announcements, Council of
    Minister's resolutions or orders of the Minister or Director General issued under this Act.
    Countersigned by
    General Surayuth Chulanond
    Prime Minister

    Registration Fee
    1) Permit 20,000 Baht
    2) Permit Renewal 20,000 Baht
    3) Substitute 3,000 Baht
    4) Permission to change or add the type of work or employer
    or locality or location or conditions as permitted 5,0000 Baht
    5) Employment an alien which is not an expertise or
    Specialized person 10,000 Baht
    6) Permit application 1,000 Baht
    Idiots! I'm surrounded by idiots!

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