
Another important issue that both employers and foreign workers must check carefully is that many people still mistakenly believe that, once they enter the country legally and have both a passport and a work permit, they can choose any occupation in Thailand.
In fact, the Ministry of Labour has set legal provisions protecting and reserving certain occupations for Thai citizens only under the Emergency Decree on Foreigners’ Working Management, with annexed lists now clearly divided.
The Ministry of Labour has made clear that, if officials find foreign workers violating the rules by secretly working in these reserved occupations, they will face legal penalties without exception, whether the work is their main job or a side occupation.
Penalties for offenders
Foreign workers: liable to a fine of THB5,000–50,000 and deportation from Thailand, as well as being barred from applying for a work permit for two years from the date the penalty is imposed.
Employers who allow foreign nationals to work beyond their permitted rights are liable to a fine of THB10,000–100,000 for each foreign worker employed.
For a repeated offence, they face imprisonment of up to one year, or a fine of THB50,000–200,000, or both, and are barred from employing foreign workers for three years.
Employers and business operators should therefore check that the type of work stated in an employee’s work permit matches the actual duties performed, in order to prevent prosecution and the loss of legal work rights in Thailand.