New fines for working without a work permit
Updated by Sunbelt Asia legal advisors June 2011.
Thai law prohibits employers from allowing aliens to perform any function other than that described in the alien's Work Permit. Employers must report changes in employment, transfers and termination of all aliens in their organization within 15 days of any such action. In cases of dismissal, aliens must return their Work Permit to labor authorities in Bangkok at the Alien Occupation division or, if they are in a provincial area, to the province's Department of Employment. Failure to do so will result in a fine of up to 1,000 baht.
Any alien who engages in work without a Work Permit, may be punished by a term of imprisonment not exceeding five years or a fine ranging from 2,000 Baht to 100,000 Baht, or both. Any alien who violates the conditions of his work as described in his Permit may be punished by a term of imprisonment not exceeding three months or a fine of up to 20,000 Baht.
Any alien who does not have their Work Permit with them while working, may be punished by a term of imprisonment not exceeding three months or a fine of up to 10,000 Baht.
An employer who permits an alien to work in his organization without a Work Permit or to act in violation of the nature of the work specified in the Permit may be fined from 10,000 baht up to 100,000 baht.
Permit holders must obtain prior permission to change their occupation and/or place of work. Change of employer location or the residential address of the permit holder must be properly endorsed in the Work Permit by the labor authorities. The Alien Employment Act does not prevent an alien from engaging in work in more than one field or for more than one employer.