The latest amendments of the Non-Thai Working Management followed a Royal Decree issued on 24th March 2561 (2018). Later there were discussions amongst foreigners and some media outlets about changes to the Law in relation to Work Permits.
It has been suggested that these amendments were to the benefit to foreign workers who have a Work Permit as they can now work in any field, anywhere in the country for any employer, as long as the work being carried out is not on the list of Occupations Forbidden to Foreigners. There was also a rumour that the Government had amended the list of Occupations Forbidden to Foreigners by removing 12 Occupations from the list.
These reports contain some misunder-standings:
1. In case of a foreign worker who wants to change the employer, his or her Work Permit will terminate and they will need to apply for a new Work Permit with the new employer.
2. In case of a foreign worker who wants to be employed by two employers simultaneously, the current employer needs to give consent and the foreign employee needs to inform the Labour Department and ask for the new employer to be attached to the existing Work Permit.
3. In case a foreign worker who has changed the work place / job description or position with the same employer, the foreign worker has no need to apply for a new Work Permit, as long as the work being carried out is not on the List of Occupations Forbidden to Foreigners.
Items 1 & 2 describe where the Work Permit laws remain unchanged. Item 3 describes changes to ease requirements for foreign workers who no longer have to apply for a new Work Permit when working for the same employer, but wanting to change either the location or job description. With regard to amendments to the list of 39 Occupations Forbidden to Foreigners, it is only in the planning stage and not yet effective.
Provided by: © Jatupon Cherbangkaew; Executive Partner / Chief Lawyer; ACTA Law Firm Co Ltd., Website: www. actahuahin.com; email: firstname.lastname@example.org
Editor’s Comments: Hua Hin Today has been aware for some time of media reports stating that: “New provisions issued by a Royal Decree in March are in effect, allowing foreigners with work permits to legally work in any field, anywhere in the country, for any employer as long as the work being done in not on the list of occupations prohibited to foreigners.” These reports required careful consideration and confirmation rather than a naive reiteration.
The interests of our readers are too important for that potentially misleading approach. Accordingly we sought the advice of Chief Lawyer of one of the most experienced legal firms in Hua Hin, ACTA Law Firm Co Ltd., who provided the advice presented in this article. Of course every situation is different and direct advice from the provincial Ministry of Labour office and/or a qualified lawyer should be sought before decisions are made that could jeopardise both the status of a Work Permit and Visa with the potential for significant penalties.