Section 14

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Coercive, unfair or deceptive recruitment Immigration status

This provision sets out the requirement for migrant workers from neighbouring countries to work temporarily in Thailand, and defines the scope and duration of their work.  The provision restricts migrants to working in particular types of work, and in particular locations near the border.

Notes

A permit holder who engages in work in violation of the conditions determined under this section is liable to a fine of up to THB 20,000 (section 52).

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Section 14. The alien having place of residence in, and being of nationality of, the country having common· boundary with Thailand who enters into the Kingdom with travel document under the law on immigration may be permitted to engage in specific categories of works or in works with specific nature in the Kingdom temporarily through the specified period or season within the area which is adjacent to boundary or the area which is contiguous therewith.

An alien who desires to engage in the work under paragraph one shall submit the application, together with travel document, for temporary work permit to the registrar and shall pay fee in the amount as prescribed by the Ministerial Regulation.

In granting of the permit, the registrar shall specify the permitted working area or work place, working period, category or nature of work and the employer to work with in accordance with the form and procedure as prescribed by the Ministerial Regulation.

The provisions of this section may come into force in any area, to the alien of any nationality, for any category or nature of work, during any period or season and with any condition upon the Notification of the Council of Ministers as prescribed in the Government Gazette.

Law / Thailand / Alien Working Act BE 2551 (2008)

The Act governs the conditions upon which aliens (defined as “a natural person who is not of Thai nationality” under the Act) can work in Thailand (Chapter I) including the requirement for a work permit and the payment of monies into the Alien Repatriation Fund (the “Fund”) (Chapter II).  It includes restrictions on the work migrant workers may perform, and some duties and liabilities of employers hiring migrant workers. Penalties for violation of the provisions in the Act are contained in Chapter VI, including penalties for hiring migrant workers without permits or to work in categories of work outside their work permit.