What Is a Thailand Work Permit?
A Thailand work permit (officially "Permit to Work" or in Thai: "Bai Anuyat Thamngan") is a document issued by the Department of Employment under the Ministry of Labour that authorizes a foreigner to engage in specific work activities within the Kingdom of Thailand. Without this permit, any form of work performed by a foreigner is illegal under Thai law.
The work permit system is governed primarily by the Working of Aliens Act B.E. 2551 (2008), which replaced earlier legislation and consolidated rules for foreign employment. This law defines "work" broadly as engaging in work by exerting energy or using knowledge, whether or not for wages or other benefits.
The work permit is not a visa. Many foreigners confuse these two documents, but they serve entirely different purposes and are issued by different government agencies. Understanding this distinction is critical before beginning the application process.
Key Point: Work Permit Is Job-Specific
A work permit authorizes you to work only for the employer named in the permit, at the locations specified, performing the job descriptions listed. Changing employers, work locations, or job duties requires notifying authorities or obtaining a new permit.
Who Needs a Work Permit?
Under Thai law, any foreigner who performs "work" in Thailand requires a work permit. The definition of "work" is intentionally broad and includes:
- Full-time employment with a Thai company
- Part-time or temporary work arrangements
- Volunteer work in some circumstances
- Providing services, teaching, or consulting
- Business activities involving physical presence
- Any activity that generates income within Thailand
The law does not distinguish between paid and unpaid work in all cases. Even if you are volunteering, if your activities could be considered "work" under Thai law, you may need a permit or fall under specific exemptions.
Categories of Workers
Work permits are issued for various categories of workers:
- Regular employees: Working under employment contracts with Thai companies
- BOI-promoted companies: Workers at Board of Investment promoted businesses (streamlined process)
- Teachers and academics: Working at educational institutions
- Skilled workers: Engineers, IT specialists, managers, and other professionals
- Migrant workers: Workers from neighboring countries under specific MOU arrangements
Work Permit vs. Work Visa: The Critical Distinction
This is perhaps the most misunderstood aspect of working legally in Thailand. A work permit and a work visa (Non-Immigrant B visa) are two separate documents with different purposes:
| Aspect | Work Permit | Work Visa (Non-B) |
|---|---|---|
| Issuing Authority | Department of Employment, Ministry of Labour | Immigration Bureau or Thai Embassy/Consulate |
| Purpose | Authorizes specific work activities | Authorizes entry and stay in Thailand |
| What It Allows | Legal permission to work | Legal permission to remain in Thailand |
| Can You Work Without It? | NO - Work is illegal | N/A - Cannot stay legally without visa |
| Linked To | Specific employer and job | Reason for stay (work, business) |
| Typical Duration | 1-2 years (renewable) | 90 days to 1 year (extendable) |
Both Are Required
To work legally in Thailand, you need BOTH a valid Non-Immigrant B (or other appropriate) visa AND a valid work permit. Having only one without the other is illegal. A work permit without proper visa status makes you an illegal immigrant. A work visa without a work permit means you're working illegally.
The Chicken-and-Egg Problem
A common challenge: You need a Non-B visa to enter Thailand, but you typically need to be in Thailand to apply for a work permit. The solution is a two-step process:
- Obtain a Non-B visa from a Thai embassy or consulate abroad (requires employer letter and documents)
- Enter Thailand on the Non-B visa
- Apply for work permit at the Department of Employment (within 90 days)
- Extend visa based on work permit (annual extensions)
Application Process Step-by-Step
The work permit application process involves coordination between the employer and employee, with the employer playing the primary role in preparing and submitting documents.
- Employer Prepares Company Documents The employer must gather company registration documents, tax filings, employee lists, and financial statements proving the company meets requirements for hiring foreign workers.
- Employee Obtains Non-B Visa Before entering Thailand, the employee applies for a Non-Immigrant B visa at a Thai embassy or consulate. This requires a letter from the Thai employer and supporting documents.
- Employee Enters Thailand Upon entry with the Non-B visa, the employee typically receives a 90-day stamp. The work permit application should be submitted promptly.
- Submit Work Permit Application The employer (or authorized representative) submits the complete application package to the Department of Employment office (One-Stop Service Center in Bangkok or provincial employment offices).
- Document Review and Interview Officials review all documents for completeness. In some cases, an interview with the foreign worker may be required. Additional documents may be requested.
- Work Permit Issuance If approved, the work permit is issued within 7-10 business days (standard processing). The permit is a small booklet containing the worker's photo, personal details, employer information, and authorized work activities.
- Extend Visa Based on Work Permit With work permit in hand, visit Immigration to extend the Non-B visa for one year (renewable annually as long as work permit remains valid).
Required Documents
From the Employee
- Passport with Non-B visa (6+ months validity)
- Completed work permit application form (WP.1)
- Recent photographs (3x4 cm, 3-6 photos)
- Medical certificate from Thai hospital
- Educational certificates (degree, diplomas)
- Professional licenses if applicable
- Employment history/resume
- TM.6 departure card
From the Employer
- Company registration certificate
- List of shareholders (Bor.Or.Jor.5)
- VAT registration (Por.Por.20)
- Latest audited financial statements
- Corporate income tax returns (past 2 years)
- List of Thai employees with SSF contributions
- Employment contract
- Map of office location
- Office photos (interior/exterior)
Document Authentication
Educational certificates from foreign countries typically require authentication. This may include apostille (for Hague Convention countries), embassy legalization, or certification by the Ministry of Foreign Affairs. Check specific requirements for your nationality and credentials.
Employer Sponsorship Requirements
Thai law imposes specific requirements on companies wishing to employ foreign workers. These requirements ensure that foreign employment provides genuine benefit to Thailand's economy.
The 4:1 Ratio Rule
For each foreign employee, the company must employ at least 4 Thai workers. These Thai employees must be registered with the Social Security Fund (SSF), receiving proper wages and benefits. The calculation is based on actual registered Thai employees, not contractors or part-time workers without SSF registration.
Registered Capital Requirements
| Company Type | Minimum Registered Capital per Foreign Employee |
|---|---|
| Thai majority-owned company | THB 2 million per foreign employee |
| Foreign majority-owned company | THB 3 million per foreign employee |
| BOI-promoted company | Varies by promotion category |
| Treaty of Amity company | THB 2 million per foreign employee |
These capital requirements must be paid-up capital, not just registered capital. The Department of Employment will verify this through audited financial statements.
Genuine Business Operations
Authorities increasingly scrutinize whether companies have genuine business operations. Shell companies or those with minimal revenue relative to their claimed need for foreign workers face rejection. Documentation such as VAT filings, customer contracts, and bank statements may be requested to verify legitimate operations.
Processing Time and Fees
| Fee Type | Amount |
|---|---|
| Work Permit - 3 months validity | THB 750 |
| Work Permit - 6 months validity | THB 1,500 |
| Work Permit - 1 year validity | THB 3,000 |
| Work Permit - 2 years validity | THB 6,000 |
| Work Permit Renewal (per year) | THB 3,000 |
| Work Permit Modification | THB 1,000 |
| Replacement (lost/damaged) | THB 500 |
Processing Time
- Standard processing: 7-10 business days from complete application
- BOI companies: 3-5 business days (One-Start One-Stop service)
- Complex cases: Up to 30 days if additional verification needed
Work Permit Renewal
Work permits must be renewed before expiration. The renewal process is generally simpler than the initial application if there are no changes to employer, position, or work location.
Renewal Timeline
- Earliest application: 30 days before expiration
- Latest application: Before the permit expires
- Processing time: 7-10 business days
Do Not Let Your Permit Expire
Working with an expired permit is a criminal offense. If your permit expires before renewal is processed, you must stop working until the new permit is issued. Plan ahead and apply for renewal at least 30 days before expiration.
Documents for Renewal
- Current work permit (original)
- Work permit renewal form (WP.5)
- Updated employer documents (financial statements, tax filings)
- Proof of continued Thai employee ratio compliance
- Recent photos
- Passport with valid visa
Cancellation and Transfer
When Cancellation Is Required
You must cancel your work permit if:
- You leave Thailand permanently
- Your employment ends (resignation, termination)
- Your employer ceases operations
- You change employers (old permit must be cancelled)
The 7-Day Rule
Work permits must be cancelled within 7 days of the cessation of work. Failure to cancel on time can result in fines and complications for future applications. The employer is responsible for ensuring cancellation occurs.
Changing Employers
You cannot simply transfer a work permit to a new employer. The process requires:
- Cancel existing work permit with current employer
- New employer applies for new work permit
- Immigration visa extension may need updating
There is no grace period allowing work between jobs. Once you cancel your permit, you cannot legally work until a new permit is issued.
Penalties for Violations
Thai authorities take work permit violations seriously. Penalties apply to both the foreign worker and the employer.
| Violation | Penalty |
|---|---|
| Working without a work permit | Imprisonment up to 5 years and/or fine up to THB 100,000 |
| Employing a foreigner without work permit | Fine THB 10,000-100,000 per illegal worker |
| Working in restricted occupation | Imprisonment up to 5 years and/or fine up to THB 100,000 |
| Working outside permitted scope | Fine up to THB 20,000 and possible permit revocation |
| Failure to carry work permit | Fine up to THB 10,000 |
In addition to fines and imprisonment, foreign workers caught working illegally typically face deportation and re-entry bans ranging from 1 to 10 years depending on the severity of the violation.
Exemptions and Special Cases
Certain categories of foreigners are exempt from work permit requirements under the Working of Aliens Act and related regulations:
Fully Exempt Activities
- Diplomatic and consular personnel: Those with diplomatic visas performing official duties
- UN and international organization employees: Working under specific agreements with Thailand
- Urgent or emergency work: Work not exceeding 15 days (requires notification)
- Exhibitions and demonstrations: Temporary product demonstrations at trade shows (limited duration)
- Board meetings: Directors attending company board meetings (not operational work)
LTR Visa Holders
Holders of the Long-Term Resident (LTR) visa receive work authorization as part of their visa benefits. They can work for Thai employers without a separate work permit, though they must still comply with other employment regulations. See our LTR Visa Guide for details.
DTV Visa and Remote Work
The Destination Thailand Visa (DTV) allows remote work for foreign employers without a work permit. However, this applies only to work for entities outside Thailand. Working for Thai clients or companies still requires a work permit. See our DTV Visa Guide and Freelancing in Thailand Guide for more information on these distinctions.