Foreigner’s Working Management Emergency Decree B.E. 2560 (2017)

 

          His Majesty King Maha Vajiralongkorn Bodindradebayavarangkun is graciously pleased to proclaim that:

          Whereas it is expedient to revise the law on foreigners’ working and the law on the bringing of foreigners for working with employers in the country;

          Whereas this Emergency Decree contains certain provisions relating to the restriction of rights and liberties of the people, in respect of which section 26 in conjunction with section 28, section 33, section 34, section 38 and section 40 of the Constitution of the Kingdom of Thailand so permits by virtue of the provisions of law;

          Whereas this Emergency Decree is, in essence, concerned with foreigners’ working management to achieve orderliness and efficiency by laying down rules governing the bringing of foreigners for working with employers in the country as well as the working of foreigners and setting up the Foreigners’ Working Management Policy Commission empowered to lay down policies on and exercise supervision of foreigners’ working management and, in this regard, this

Emergency Decree contains certain provisions which have the effect of restricting a person’s rights and liberties to or of life and the body, a person’s liberty of dwelling, a person’s liberty to write, print and publicise, a person right to property and a person’s liberty to engage in an occupation, in a manner that restrictions on rights and liberties are made to the extent necessary for the purpose of foreigners’ working management to achieve orderliness and efficiency;

          Be it, therefore, by virtue of the provisions of section 172 of the Constitution of the Kingdom of Thailand, enacted by the King, as follows.

          Section 1 This Emergency Decree is called the “Foreigners’ Working Management 

Emergency Decree, B.E. 2560 (2017)”.

          Section 2 This Emergency Decree shall come into force on the day following the date of its publication in the Government Gazette.

          Section 3 The following shall be repealed:

          (1) the Foreigners’ Working Act, B.E. 2551 (2008);

          (2) the Emergency Decree on the Bringing of Foreigners for Working with Employers in the Country, B.E. 2559 (2016).

          Section 4 This Emergency Decree shall not apply to the performance of duties in the Kingdom by foreigners only in the capacity as the following:

          (1) members of a diplomatic mission;

          (2) members of a consular mission;

          (3) representatives of a Member State to, and personnel of, the United Nations and specialised agencies;

          (4) private servants travelling from a foreign country to be in the ordinary service to the persons under (1), (2) or (3);

          (5) persons performing duties or missions under an agreement concluded by the Government of Thailand with a foreign Government or an international organisation;

          (6) persons entering into the Kingdom irregularly for the arrangement or attendance of meeting, expression of view, lecture or presentation in a meeting, training, visit or seminar or performance of arts, culture, sports competition or other activities as prescribed by the Council of Ministers and the Council of Minister may specify the time period and conditions as deemed appropriate;

          (7) person entering into the Kingdom to operate or invest in business or is a knowledgeable person with capacity or skills which will benefit the country development as prescribed;

          (8) representatives of foreign juristic persons obtaining a license to operate business under the law on foreign business operation;

          Section 5 In this Emergency Decree:

          “bringing foreigners to work” means any proceeding to bring in foreigners into the Kingdom to work;

          “work” means any profession regardless of whether there is an employer but shall not include business operation of a licensee under the law on foreign business operation;

          “foreigner” means a natural person who is not of Thai nationality;

          “employer” means an employer under the law on labour protection and shall also include a natural person or a juristic person intending to bring a foreigner for working in the country with himself or itself;

          “employee” means a person who works for an employer in return for wages;

          “license to bring foreigners to work” means license to operate the business of bringing foreigners to work with employers in the country;

          “person granted permission for bringing foreigners for working” means a person operating business of bringing foreigners to work with employers in the country who has obtained a license to bring foreigners to work”;

          “work permit” means a work permit of a foreigner;

          “person granted permission for working” means a foreigner granted permission for working;

          “office” means an office of the person granted permission for bringing foreigners for working;

          “fee” means money or other benefits given in return for the bringing of foreigners for working;

          “expenses” means expenses incurred in the bringing of foreigners for working;

          “Fund” means the Foreigners’ Working Management Fund;

          “Fund Committee” means the Committee of the Foreigners’ Working Management Fund;

          “Commission” means the Foreigners’ Working Management Policy Commission;

          “competent official” means a person appointed by the Minister for performing activities under this Emergency Decree;

          “Registrars” means the Director-General and competent officials appointed by the Minister with the recommendation of the Director-General for issuing work permits and performing other activities under this Emergency Decree;

          “Director-General” means the Director-General of the Department of Employment;

          “Minister” means the Minister having charge and control of the execution of this Emergency Decree.

          Section 5/1 Any matter provided under this Emergency Decree to be in accordance with the criteria, procedures and conditions prescribed in the Ministerial Regulation or as specified by the Minister or Director-General, the issuance of such Ministerial Regulation or specification shall not contain the characteristics as to establish unnecessary steps or burden to the public and shall prescribe the time period for the performance of duties of officials in each step.

          In the case where the Emergency Decree provides any person to have the duties to inform the Director-General, registrar, or competent officials, the Director-General shall prescribe the means to inform the person to undertake the means conveniently and promptly and this may be made in writing or via electronics means or other means which the public are able to proceed without necessary burden and shall prescribe the time period by which the Director-General, registrar, or competent officials shall respond to such informing.

          Section 6 The Minister of Labour shall have charge and control of the execution of this Emergency Decree and shall have the powers to appoint competent officials and issue Ministerial Regulations prescribing fees not exceeding the rates annexed hereto, exempting fees and prescribing other matters or issue Notifications, in the execution of this Emergency Decree.

          Such Ministerial Regulations and Notifications shall come into force upon their publication in the Government Gazette.

CHAPTER I

GENERAL PROVISIONS

          Section 7 The Minister upon the approval of the Committee may prescribe in a notification stating work which shall be prohibited for foreigners and this may be an absolute or conditional prohibition.

          The prescription under paragraph one shall take into account national security, opportunity in profession and profession of Thai people, promotion of Thai wisdom and uniqueness and demand for foreign worker which is necessary for country development, including the relationship and obligation which Thailand is a Party to and in the manner of reciprocity.

          Section 8 No foreigner shall work without work permit or work outside of the work which he or she has the right to do violating this Emergency Decree.

          Section 9 No person shall accept a foreigner to work by which such foreigner has no work permit or assigning the foreigner to work outside of the work which he or she has the right to do violating this Emergency Decree.

          Section 10 Repealed

          Section 11 For the purpose of maintaining the opportunity in conducting profession and professions of Thai people, the Department of Employment shall make announcement of employment of Thai nationality and register applicants and shall disseminate the latest information to ensure that it is easy to access and is regularly updated every day.

          Any person who wishes to employ a foreigner to work in the type of work whereby Thai jobseekers have registered, with the Department of Employment, to work in the same type and region, in the case where there are more than five workers, such person may employ foreigners for no less than twenty percent. In this regard, except if the special fee has been paid otherwise.

          The fee under paragraph two shall be as prescribed in a Ministerial Regulation and may prescribe the fee per head if the number of foreigners are not in accordance with paragraph two.

          The counting of numbers of foreigners under paragraph two shall not include foreigners who have been permitted to work under Section 63/1.

          Any person who fails to comply with the provisions in paragraph two shall pay twice the fee which is supposed to be paid.

          For the provision under this Section to be enforced with any work, it shall be issued in the Royal Decree.

          Section 12 Repealed

          Section 13 Any person who employs a foreigner shall inform the Registrar the name and nationality of such foreigner and the characteristics of the work within fifteen days as from the day of employment and when such foreigner resigns from work, the Registrar shall be informed within fifteen days as from the day such foreigner has resigned including specifying the reasons for such resignation of the foreigner.

          The provisions of paragraph one shall not apply to foreigners for the type as prescribed in a notification by the Director-General.

          Section 14 In a special case for necessary matter for the purpose of maintaining national security or country’s economy, or prevention of public disaster, the Minister, upon the approval of the Council of Ministers, may permit a foreigner to enter into the Kingdom to work under any conditions or may exempt without complying with this Emergency Decree in any case.

          Section 15 Repealed

          Section 16 All cases resulting from disputes between the person granted permission for bringing foreigners for working and the foreigner, the person granted permission for bringing foreigners for working and the employer or the employer and the foreigner in connection with rights or duties under this Emergency Decree or in connection with labour relation shall fall within the jurisdiction of the Labour Court.

CHAPTER II

FOREIGNERS’ WORKING MANAGEMENT POLICY COMMISSION

          Section 17 There shall be a commission called the “Foreigners’ Working Management Policy Commission”, consisting of the Minister of Labour as Chairperson, Permanent Secretary for Labour as Vice Chairperson, Permanent Secretary for Defence, Permanent Secretary for Finance, Permanent Secretary for Foreign Affairs, Permanent Secretary for Social Development and Human Security, Permanent Secretary for Agriculture and Co-operatives, Permanent Secretary for Interior, Permanent Secretary for Public Health, Permanent Secretary for Industry, Secretary-General of the National Economic and Social Development Board, Secretary-General of the National Security Council, Director of the National Intelligence Agency, Commander-in-Chief of the Royal Thai Army, Commander-in-Chief of the Royal Thai Navy, Commissioner-General of the Royal Thai Police, Director-General of the Department of Labor Protection and Welfare, Secretary-General of the Internal Security Operations Command, President of the Thai Chamber of Commerce and President of the Federation of Thai Industries as ex officio members, not more than two representatives of employees’ organisations appointed by the Minister upon nomination by the Director-General and qualified persons appointed by the Minister from those possessing knowledge or experience in labour, industry, law and human rights, provided that one person shall be appointed from each field, as members.

          The Director-General shall be a member and secretary and the Director of the Office of Foreign Workers Administration, Department of Employment, shall be a member and assistant secretary.

          Section 18 A member representing an employees’ organisation and a qualified member must possess the qualifications and must not be under the prohibitions as follows:

          (1) being of Thai nationality;

          (2) not being a bankrupt or having been a dishonest bankrupt;

          (3) not being an incompetent person or a quasi-incompetent person;

          (4) not having been sentenced by a final judgment to a term of imprisonment, except for an offence committed through negligence or a petty offence;

          (5) not being a holder of a political position, a member of a local assembly or a local administrator, an executive member or a holder of any position responsible for the administration of a political party, an adviser to a political party or an official of a political party;

          (6) not having been sentenced or ordered by the Court to the effect that property shall vest in the State by reason of unusual wealthiness or an unusual increase of property.

          Section 19 A member representing an employees’ organisation and a qualified member shall hold office for a term of three years.

          While members representing employees’ organisations and qualified members vacate office for any reason and the appointment of new members representing employees’ organisations and new qualified members has not yet been made, the Commission shall consist of the total existing members.

          A member representing an employees’ organisations and a qualified member, who vacates office upon the expiration of the term, may be re-appointed but may not serve for more than two consecutive terms.

          Section 20 In addition to the vacation of office upon the expiration of the term, a member representing an employees’ organisation and a qualified member vacate office upon:

          (1) death;

          (2) resignation;

          (3) being removed by the Minister on the ground of neglect of duties, misbehavior or lack of competence;

          (4) being disqualified or being under any prohibition under section 18.

          Section 21 The Commission has the powers and duties in connection with the formulation of policies and the oversight of foreigners’ working management as follows:

          (1) to formulate policies and strategies on foreigners’ working management by laying down measures and directions to be pursued in solving problems concerning foreigners’ working and laying down directions and goals for foreigners’ working management;

          (2) to consider and recommend reviews, revision and development of rules for the management and resolution of problems concerning foreigners’ working to ensure that they are appropriate to attending situations;

          (3) to report annual operations to the Council of Ministers and disseminate the same to the public;

          (4) to perform any other activities as provided by law to be the powers and duties of the Commission or as entrusted by the Council of Ministers.

          The policies prepared under (1) shall be submitted to the Council of Ministers for consideration and approval and, upon their approval by the Council of Ministers, all State agencies shall pursue and supervise operations in the implementation of such policies.

          Section 22 The Commission has the power to appoint a sub-committee for considering or performing any particular act as entrusted by the Commission.

CHAPTER III

BRINGING FOREIGNERS FOR WORKING WITH EMPLOYERS IN THE COUNTRY

PART I

GENERAL PROVISIONS

          Section 23 The provisions of this Chapter shall not apply to:

          (1) procurement of employment under the law on procurement of employment and protection of job seekers;

          (2) procurement of employment under the law on maritime labour.

         Section 24 Repealed

          Section 25 No person shall advertise the bringing of foreigners for working with employers in the country unless such person is the person granted permission for bringing foreigners for working.

PART II

OPERATION OF BUSINESS INVOLVING THE BRINGING OF FOREIGNERS

FOR WORKING WITH EMPLOYERS IN THE COUNTRY

          Section 26 No person shall operate the business involving the bringing of foreigners for working with employers in the country unless permission is granted by the Director-General.

          The application for permission and the granting of permission under paragraph one shall be in accordance with the rules, procedures and conditions prescribed in the Ministerial Regulation.

          A permit for bringing foreigners for working shall be in accordance with the form prescribed in the Notification of the Director-General.

          Section 27 A person applying for permission for bringing foreigners for working with employers in the country must be a limited company or a public limited company and possess the qualifications and must not be under any prohibitions as follows:

          (1) having such paid-up registered capital as prescribed in the Notification of the Director-General, provided that it shall not be less than one million Baht;

          (2) having the capital belonging to shareholders of Thai nationality in the amount of not less than three-fourths of the total capital and having shareholders of Thai nationality in the number of not less than three-fourths of the total number of shareholders, except in the case where there is a treaty to which or under which Thailand is a party or is bound by the obligation therein as concluded between the Government of Thailand and a foreign Government, in which case the provisions and conditions of such treaty or obligation shall govern;

          (3) having an office situated in a proper, open and definite location, provided that it is not a prohibited place as prescribed in the Notification of the Director-General;

          (4) not being a person granted permission for bringing foreigners for working, not being a person whose permit for bringing foreigners for working is suspended or not having had a permit for bringing foreigners for working revoked under this Emergency Decree;

          (5) not being a permit grantee, not being a person whose permit is suspended or not having had a permit revoked, under the law on procurement of employment and protection of job seekers;

          (6) not being an employment permit grantee, not being a person whose employment permit is suspended or not having had an employment permit revoked, under the law on maritime labour;

          (7) having a manager who is a director authorised to represent the juristic person

and who has qualifications and is under no prohibitions as follows:

               (a) being of Thai nationality;

               (b) being of not lower than twenty years of age;

               (c) not being a director, partner or manager of a juristic person that is the person granted permission for bringing foreigners for working or at the time when such juristic person has had the permit for bringing foreigners for working revoked under this Emergency Decree;

               (d) not being a director, partner or manager of a juristic person that is the permit grantee or at the time when such juristic person has had the permit revoked under the law on procurement of employment and protection of job seekers;

               (e) not being a director, partner or manager of a juristic person that is the grantee of a permit for procurement of employment or at the time when such juristic person has had the permit for procurement of employment revoked under the law on maritime labour;

               (f) not being an incompetent person or a quasi-incompetent person;

               (g) not being a person who has or had misconduct or moral impropriety;

               (h) not having been sentenced by a final judgment to a term of imprisonment in respect of an offence which, under the law, requires a dishonest act as an element thereof or in respect of an offence under this Emergency Decree, the law on procurement of employment and protection of job seekers, the law on maritime labour or the law on anti-human trafficking.

          Section 28 The applicant must, before being granted permission by the Director- General, place with the Director-General the security as prescribed in the Ministerial Regulation, provided that it must not be less than five million Baht, as security for loss which may arise from the bringing of foreigners for working with employers in the country under this Emergency Decree.

          In the case where the security placed by the person granted permission for bringing foreigners for working under paragraph one diminishes on account of its being expended under this Emergency Decree, the Director-General shall order, in writing, the person granted permission for bringing foreigners for working to place additional security until the specified amount is fully achieved within thirty days as from the date of receipt of the order.

          Placement of guarantee bond, storage of guarantee bond, deduction of guarantee bond, change of guarantee bond, increase of guarantee bond and return of guarantee bond shall be in accordance with the criteria, procedure and conditions as prescribed in a Ministerial Regulation”.

          Section 29 Repealed

          Section 30 License to bring foreigners to work under Section 26 shall be valid for five years as from the date of issuance of license to bring foreigners to work but a licensee to bring foreigners to work shall pay annual fee under the rate as prescribed in a Ministerial Regulation.

          It shall be the duties of competent officials to inspect the compliance under this Royal Decree at least once a year.

          A licensee to bring foreigners to work who wishes to renew a license to bring foreigners to work shall submit an application for such renewal no less than thirty days before the license expires and upon the submission of the application, the business shall continue to operate until it receives the notification of refusal to renew the license by the Director-General.

          The application for renewal of license to bring foreigners to work and permission shall be in accordance with the criteria and procedures as prescribed in the Ministerial Regulation. In this regard, the Director-General shall complete the consideration within fifteen days as from the date of receipt of such application.

          The licensee to bring foreigners to work shal pay an annual fee within sixty days as from the beginning of the second year of the license to bring foreigners to work and of the following year by which the fee may be paid via the electronic system and upon the payment of annual fee, the Registrar shall be notified with the evidence of annual fee payment.

          In the case where the licensee to bring foreigners to work fails to pay the annual fee within the prescribed time period under paragraph five, the Director-General may order the license to bring foreigners to be suspended under Section 86.

          Section 31 In the case where a permit for bringing foreigners for working is lost, destroyed or substantially damaged, the person granted permission for bringing foreigners for working must submit an application for receiving a substitute for the permit for bringing foreigners for working within fifteen days as from the date of the knowledge of such loss, destruction or damage.

          The application for a substitute for a permit for bringing foreigners for working and the issuance of a substitute for a permit for bringing foreigners for working shall be in accordance with the rules, procedures and conditions prescribed in the Notification of the Director-General.

          Section 32 The person granted permission for bringing foreigners for working must display the permit for bringing foreigners for working at an open and conspicuous place at the office indicated in the permit for bringing foreigners for working.

          Section 33 A licensee to bring foreigners to work who wishes to move an office or to establish a temporary office which is not the place as specified in the license to bring foreigners to work shall notify the Registrar in advance for no less than fifteen days.

          Section 34 A licensee to bring foreigners to work who wishes to change the manager who has the authority to act on behalf of the juristic person shall notify the Registrar in advance for no less than fifteen days.

          Section 35 A licensee to bring foreigners to work shall notify the amount and list of names of employees whose duties are related to bring foreigners to work to the Registrar under the criteria and procedure prescribed in a notification by the Director-General.

          The manager who has the authority to act on behalf of the juristic person and employees whose duties are related to bring foreigners to work shall have an identification card including a copy of license to bring foreigners to work and shall always be able to illustrate the existence of the identification card and such license to the competent official.

          The identification card shall be as prescribed in a notification by the Director-General.

          Section 36 Repealed

          Section 37 Repealed

          Section 38 The security which the person granted permission for bringing foreigners for working has placed under section 28 shall not be subjected to legal execution as long as the person granted permission for bringing foreigners for working does not cease the operation of the business of bringing foreigners for working with employers in the country or remains liable to make compensation under this Emergency Decree after having ceased the operation of such business.

          Subject to Section 55, in the case where a licensee to bring foreigners to work terminates the business operation of bringing foreigners to work and has no liability under this Emergency Decree, the licensee to bring foreigners to work shall submit, to the Director-General, an application for the return of guarantee bond. Upon an inspection of such application and the Director-General finds that the licensee to bring foreigners to work has no liability under this Emergency Decree, the licensee to bring foreigners to work shall be notified in writing to receive the guarantee bond.

          The person granted permission for bringing foreigners for working shall take a return of the security within five years as from the date of receipt of the written notification from the Director-General. In the case where the person granted permission for bringing foreigners for working fails to take a return of the security within the specified time, such security shall vest in the State.

          Section 39 Repealed

          Section 40 Repealed

          Section 41 A licensee to bring foreigners to work may specifically bring foreigners in when there is a contract to bring foreigners to work with a person who will be an employer of the foreigner including the list of names, nationalities and passport numbers and such employer shall not be a business operator in labour or wage contracting and may bring foreigners for the numbers and under the name list.

          The contract to bring foreigners to work under paragraph one shall, at least, contain the details as prescribed by the Director-General.

          Upon bringing foreigners to work, the licensee to bring foreigners to work shall submit a copy of contract made with the person who will be the employer of the foreigners under paragraph one to the Registrar and in the necessary case, the licensee may request the Registrar to certify the contract and the existence of employer and work of the employer. In such case, upon an inspection, if the Registrar sees that it is correct, he or she shall issue the certification and upon receiving the name list and passport numbers of foreigners who will work, the licensee to bring foreigners to work shall notify the information under paragraph one and the Registrar shall notify the Immigration Bureau or relevant agencies.

          When the information has been notified under paragraph three, the licensee to bring foreigners to work may submit an application for work permit on behalf of the foreigner who will enter into the Kingdom as notified under paragraph three.

          Section 42 In bringing foreigners to work with employers in the country, a licensee to bring foreigners to work or employees whose duties are related to bring foreigners to work shall not call for money or accept money or other assets from employers or foreigners except for service fee and expenses collected from the employer under the list and rate as prescribed in a notification by the Director-General.

          Section 43 when a licensee to bring foreigners to work has delivered the foreigners to an employer, he or she shall notify the Registrar within fifteen days as from the date of delivering the foreigners. In this regard, it shall be in accordance with the list as prescribed in a notification by the Director-General.

          Section 44 The person granted permission for bringing foreigners for working must use the name, words representing the name or any other word, in the operation of business, identified as “Company Bringing Foreigners for Working in the Country” and may also use other accompanying foreign expressions or letters bearing the identical connotation.

          Section 45 Any person other than the person granted permission for bringing foreigners for working shall not use any name, word representing the name or any other word, in the course of business, identified as “Company Bringing Foreigners for Working in the Country” or use foreign words or letters bearing the similar connotation.

PART III

EMPLOYERS BRINGING FOREIGNERS FOR WORKING WITH THEM IN THE COUNTRY

          Section 46 An employer who is not a business operator in labour or wage contracting wishes to bring a foreigner from a foreign country to work in the country under the agreement or Memorandum of Understanding made between the Thai government and foreign government shall notify the Registrar the number of countries which the foreigners have domiciles, work wishing for the foreigner to work in and other lists as prescribed by the Director-General. In the case of payment of fee under Section 1, the employer may continue to proceed upon the payment of such fee.

          In the case where no fee to be paid or the fe has been paid under paragraph one, the employer shall proceed in order to know the names and passport numbers of the foreigners who will enter into the country to work and notify such information to the Registrar and the Registrar

shall notify the Immigration Bureau or relevant agencies. In this regard, the Director-General may prescribe that employers who bring foreigners to work in a particular type shall place the guarantee bond to insure the compliance under this Emergency Decree. In this regard, the placement of guarantee bond, rate of guarantee bond, maintenance of guarantee bond, deduction of guarantee bond, change of guarantee bond, increase of guarantee bond, placement of more guarantee bond and return of guarantee bond shall be in accordance with the criteria, procedures and conditions as prescribed in a Ministerial Regulation.

          Before a foreigner start working with an employer, the employer shall prepare a written contract with, at least, the detail as prescribed by the Director-General and store the employment contract at a business place of the employer for the Registrar or competent official to inspect and copy of such employment contract for the employee to keep. In this regard, when the foreigner resigns for whatever reason, the employer shall notify the Registrar within fifteen days as from the day of resignation including specify the reason for resignation of such foreigner.

          The provision in this Section shall not apply to employers who are not contracting labour or wage who wish to bring foreigners from other countries whereby Thailand does not conclude an agreement or Memorandum of Understanding with foreign countries under paragraph one.

          Section 47 In the case where the security placed by the employer under section 46 diminishes on account of its being expended under this Emergency Decree and the employer remains bound by the responsibilities under this Emergency Decree, the Director-General shall order, in writing, the employer to place additional security until the specified amount is fully achieved within thirty days as from the date of receipt of the order.

          Any employer who fails to place additional security within the time under paragraph one must be liable to payment of additional money at the rate of two percent per month until the additional security is placed in the full amount.

          Section 48 In the case where an employer requests for a return of the security, the employer must have no liability to make compensation under this Emergency Decree. In this regard, upon an employer’s request for a return of the security, the Director-General shall conduct an examination to his satisfaction that the employer has no liability to make compensation under this Emergency Decree and notify, in writing, the employer to take a return of the security.

          In the case where the employer fails to take a return of the security within five years as from the date of receipt of the notification from the Director-General, such security shall vest in the State.

          Section 49 An employer who brings a foreigner to work with him or her in the country shall not request or accept money or other assets relating to bring a foreigner to work except if it is for the expenses paid by the employer beforehand, such as, passport fee, health checkup fee, work permit fee, or other fees in the same manner as prescribed in a notification by the Director-General. The employer shall deduct from the wage, overtime, wage for working during day off or overtime during day off, and the employer shall deduct from the money the foreigner has the right to receive under the actual paid expense but shall not deduct more than ten percent of the money the foreigner has the right to receive each month.

          In the case where there is no agreement that the employer will be paying for the travelling expense of the employee and the employer has paid for such travelling expense beforehand, the employer may deduct from the money the employee has the right to receive under paragraph one.

PART IV

DUTIES AND RESPONSIBILITIES

          Section 50 When the licensee to bring a foreigner t o work has delivered to the employer under Section 43 and the following cases occur, the employer shall notify the licensee to bring a foreigner to work and the Registrar within seven days as from the date of such event, as the case may be:

          (1) an employer refuses to take a foreigner;

          (2) a foreigner refuses to work with the employer;

          (3) a foreigner resigns from the work regardless of the reason

          In the case where the event under (1) or (3) for the part which is not the fault of the employee and such foreigner wishes to work with other employers, the licensee to bring a foreigner to work may arrange for such foreigner to work with other employers within thirty days as from the date the employer refuses to accept the foreigner to work but the time period for working with a new employer shall not exceed the time period under the contact to bring foreigners to work.

          In the case under (2) for the part which is the fault of the employer, Section 51 and Section 52 shall apply mutatis mutandis.

          The result of when the licensee to bring foreigner to work proceeds under paragraph two or paragraph three shall be notified to the Registrar under the form as prescribed by the Director-General.

          In the case of an even under (1) or (2) and the foreigner does not begin to work with a new employer within the prescribed time limit, it shall be deemed that the permission to stay in the Kingdom of such foreigner shall be terminated under the law on immigration and the licensee to bring foreigners to work shall repatriate such foreigner to the origin country within seven days from the prescribed time period to work with the new employer has lapsed and the evidence of repatriation shall be submitted to the Registrar within seven days as from the date of repatriation. In the case where the process may not be undertaken, the Registrar shall be notified within three days as from the date the prescribed time period to work with the new employer has lapsed and the Registrar shall notify the competent official under the law on immigration or the police officer to proceed with the repatriation expeditiously. In such case, the licensee to bring foreigners to work shall be the person responsible for the expenses for the process of the competent official under the law on immigration or police officer for the rate not exceeding the rate as prescribed by the Director-General.

          In the case where the licensee to bring foreigners to work fails to submit the evidence of repatriation within the prescribed time period under paragraph five, the administrative fee shall be paid, to the Registrar, one thousand Baht per day per one foreigner until the correct compliance but shall not exceed twenty thousand Baht per one foreigner.

          Section 51 For a foreigner who works with an employee under Section 43 or Section 46 who resigns before the expiration of the employment contract, he or she can not work for other employers except otherwise proves t o the Registrar that the resignation is the employer’s fault or has paid the damages to the previous employer. I n such case, the Registrar shall issue a new work permit or specify at the back of the work permit to illustrate the right to change the employer.

          The damages under paragraph one means all the expenses related to bring foreigners to work and such expenses shall be calculated in accordance with the proportion of time period such foreigner has worked for.

          Section 52 Foreigners who have the right to change employers under Section 51 shall work for a new employer within thirty days as from the date of resignation of the previous employer and in the case of such foreigner to work in the type the employer must place the guarantee bond under Section 46, a new employer shall place the guarantee bond to the Director-General under Section 46 within fifteen days as from the date of employment of such foreigner.

          Section 53 Foreigners who have no right to change employers under Section 51 or foreigners who have the right to change an employer but do not work with other employers within the prescribed time period under Section 52, the work permit of such foreigner shall be terminated as from the date such foreigner has resigned or the prescribed time period has lapsed under Section 52, as the case may be, and it shall be deemed that the permission to stay in the Kingdom of such foreigner shall be terminated under the law on immigration.

          The licensee to bring foreigners to work or the last employer who places the guarantee bond under Section 46 or Section 52 shall be responsible for the expenses in the proceeding of repatriation of the foreigner under paragraph one to the origin country, as the case may be.

          Section 54 Repealed

          Section 55 When the foreigner who works with the employer under Section 43 or Section 46 has worked until the expiration of the contract to bring foreigners to work with employers in the country or employment contract, the licensee to bring foreigners to work or the last employer who places the guarantee bond under Section 46 or Section 52 shall repatriate such foreigner to the original country except in the case of renewal of employment contract or in the case where such foreigner will begin to work with a new employer within the prescribed time period under Section 52.

          The provisions of Section 50 paragraph five and paragraph six shall apply to the repatriation of foreigners to the origin country under paragraph one mutatis mutandis.

          In the case where the licensee to bring foreigners to work terminates the business operation to bring foreigners to work, the Registrar shall return the guarantee bond to the licensee to bring foreigners to work upon being illustrated with the evidence that the licensee has repatriated the foreigners to the origin country which shall not be more than two years as from the date of termination of business operation. When the prescribed time period has lapsed and the licensee to bring foreigners to work cannot illustrate the evidence of repatriation to the Registrar, the guarantee bond shall be vested on the fund for the expense to repatriate foreigners out of the Kingdom. In the case where the licensee to bring foreigners to work can only illustrate part of the evidence of repatriation within the prescribed time period, the Director-General shall return the guarantee bond in accordance with the proportion and means as prescribed in a Ministerial Regulation.

          Section 56 Foreigners who enter to work under the provisions of this Chapter and have been repatriated to the origin country under the law on immigration or other laws, the agency proceeding with the repatriation of foreigners to the origin country shall collect the expenses occurring from the management of repatriation from the licensee to bring foreigners to work or employer who placed the guarantee bond.

          In the case where the licensee to bring foreigners to work or employer who fail to reimburse the money within the time as prescribed by the agency under paragraph one, the Director-General shall deduct such money from the placed guarantee bond to return it to the agency proceeding the repatriation of foreigner to the original country.

          Section 57 A foreigner who has been injured by a licensee to bring foreigners to work or employer failing to comply with Section 50 may present himself to the Director-General or the person entrusted by the Director-General to request for repatriation of foreigners to the original country and the Director-General or the person entrusted by the Director-General shall proceed to repatriate such foreigner expeditiously and the provisions of Section 58 paragraph two shall apply mutatis mutandis.

          Section 58 In the case where a licensee to bring foreigners to work or the last employer who placed the guarantee bond under Section 46 or Section 52 fails to repatriate foreigners to the original country under the provisions of this Section, the Registrar or competent official who sees such foreigner shall repatriate such foreigner to the origin country.

          In repatriating foreigners to the origin country under paragraph one, the Registrar or competent official shall disburse the money from the Fund and shall notify, in writing, to the licensee to bring foreigners t o work or employer under paragraph one to pay for the expenses occurring from the management of repatriation of foreigners and other expenses as necessary within the prescribed time period. If such person fails to reimburse the payment within the prescribed time period, the Director-General shall deduct such money from the guarantee bond placed by the licensee to bring foreigners to work or employer, as the case may be.

          When the guarantee bond has been deducted under paragraph two, the Director-General shall notify the licensee to bring foreigners to work or employer without delay.

CHAPTER IV

FOREIGNERS’ WORKING

          Section 59 A foreigner who has the domicile in the Kingdom or is permitted to enter into the Kingdom temporarily under the law on immigration which is not for tourism or transit through the Kingdom may work in the work which is not prohibited for foreigners from working under Section 7 paragraph one and shall obtain a work permit.

          Subject to Section 60, a foreigner who wishes to obtain the work permit under paragraph one shall submit an application to the Registrar and in the case where there is an employer, the name of employer shall be specified.

          The application and permission under paragraph one and paragraph two shall be in accordance with the rules, procedures and conditions as prescribed in a Ministerial Regulation. The means via electronic system may be prescribed and work permit shall be valid for the period as applied for but shall not exceed two years as from the date of issuance the work permit.

          In the Ministerial Regulation under paragraph three, it shall prescribe the complete time period as from the date of receiving the application for work permit until the date of issuance of the work permit which shall not exceed fifteen working days. In the case where the Registrar is unable to issue the work permit within the prescribed time period, the Minister or the Director-General shall take action against the relevant officials, as deemed appropriate and as the case may be. In the case of not issuing the work permit without any reasonable ground, it shall be deemed to violate the disciplinary rules and shall undertake the disciplinary procedure.

          Subject to the law, the person being permitted to work under paragraph one shall have the right to work in any kind of work whereby there is no prohibition announcement under Section 7 paragraph one.

          Section 60 Any foreigner who has the domicile outside of the Kingdom and wishes to apply for work in the Kingdom may submit an application and pay the fee via the electronic system.

          Any employer who wishes to employ a foreigner to work in his or her business in the Kingdom may submit an application for work on behalf of the foreigner to the Registrar including paying for fee on behalf of the foreigner.

          The application and issuance of work permit and fee under paragraph one and paragraph two shall be in accordance with the rules, criteria and conditions as prescribed in a Ministerial Regulation.

          Section 61 A foreigner who enters into the Kingdom temporarily under the law on immigration to conduct necessary or urgent work or an ad-hoc work which is to be completed

within fifteen days shall only conduct such work upon notifying the Registrar in writing.

          The work which has the characteristics as necessary or urgent or ad hoc under paragraph one shall be as prescribed in a Notification by the Director-General.

          The foreigner who works under paragraph one and does not complete the work within such prescribed time period may request for extension but shall not exceed fifteen days and shall notify the Registrar before the time has lapsed.

          The notification under paragraph one and paragraph three and the issuance of notification shall be in accordance with the rules and procedures as prescribed in a Ministerial Regulation.

          Section 62 In the case where a foreigner has been permitted to enter and work in the Kingdom under the law on investment promotion, the law on petroleum or other laws, the responsible agencies under such laws shall notify the Registrar without delay.

          The Registrar shall issue the work permit to the foreigner under paragraph one within seven days as from the date of being notified and during the process, the foreigner under paragraph one may work pro tempore and is exempted from complying with Section 68.

          The issuance of work permit under paragraph two shall be in accordance with the criteria and procedure as prescribed in a Ministerial Regulation without being subject to a notification under Section 7 and the work permit shall be valid for a period of being permitted to enter to conduct work under such law.

          In the case where the times for working for such person obtaining work permit has been extended under such law, the agency responsible under such law shall notify the extension to the Registrar expeditiously in accordance with the form as prescribed in a notification by the Director-General and the Registrar shall record such time extension in the work permit.

          Section 63 Foreigners under the following characteristics may apply for permission to the Registrar to work under the certain type as prescribed by the Council of Ministers and published in the Government Gazette in accordance with the recommendation of the Committee by considering the national security, social impact and humanity:

          (1) being deported under the law on deportation and being granted with the exemption to conduct a profession at any place instead of deportation or during the time of deportation;

          (2) entering into or being in the Kingdom without being permitted under the law on immigration but shall be permitted t o stay in the Kingdom to be repatriated out of the Kingdom under the law on immigration which is not the case under Section 63/2.

          Application for work and issuance of work permit under paragraph one shall be in accordance with the criteria, procedure and conditions as prescribed in a Ministerial Regulation

and the work permit shall be valid for the same period of exemption but shall not exceed one year as from the date of issuance of work permit and the work permit shall be extended as necessary but shall not exceed one year each time.

          When the Registrar has issued the work permit to any foreigner, he or she shall notify a competent official under the law on immigration.

          By the end of January of each year, the competent officials under the law on immigration shall notify the Registrar in regard to the result of deportation or repatriation in the case where the Registrar has been notified that no deportation or repatriation has occurred or has not been notified by the competent official under the law on immigration, the Registrar shall have the power to extend the work permit under paragraph one as requested by the foreigner and upon extending the work, the competent official under the law on immigration shall be notified”

          Section 63/1 Foreigners with the following characteristics may apply, to the Registrar, for work:

          (1) having the nationality withdrawn under the Announcement of the Revolutionary Council No. 337 dated the 13* of December B.E. 2515 or other laws;

          (2) being born in the Kingdom but has not been granted with the nationality under the Announcement of the Revolutionary Council No. 337 dated the 13th of December B.E. 2515 or the law on nationality;

          (3) being a foreigner who has been granted with the status of legal migrant under the notification of the Ministry of Interior issued under the law on immigration;

          (4) being a foreigner who has no status under the registration and has been given the identification card under the Rule of Central Registration Bureau issued under the law on people’s registration.

          The foreigner under paragraph one shall not be subject to a Notification under Section 7 and Section 1 but the Council of Ministers may prescribe prohibition for such foreigners not to work in a particular type of work or attach conditions t o the work by considering national security, social impact and humanity.

          Application for work permit and issuance of work permit under paragraph one shall be in accordance with the criteria, procedure and conditions as prescribed in a Ministerial Regulation and the work permit shall be valid for a period of five years as from the date of its issuance and shall be extended for five years each time. In this regard, persons under (1), (3) and (4) shall be exempted from work permit fee or work permit extension fee. For persons under (2), the extent to which he or she is exempted shall be i n accordance with a Ministerial Regulation issued under Section 6.

          Section 63/2 In the case where the Minister under the law on immigration permits a foreigner or type of foreigner to enter into the Kingdom under the law on immigration or exempt a foreigner or type of foreigner from complying with the law on immigration, the Council of Ministers may prescribe that such foreigner or type of foreigner who i s not a foreigner under Section 63/1 can apply for work by which the Council of Ministers may prescribe the type of work which a foreigner may be able to work for the benefit of economic and social development.

          Application for permission to work under paragraph one shall be in accordance with the criteria and procedure as prescribed in a Ministerial Regulation and such Ministerial Regulation may prescribe criteria for the Director-General to have power to specify in the work permit. In this regard, work permit shall be valid for the period as requested by the applicant but shall not be valid for more than two years as from the date of issuance of such work permit.

          Section 64 For a foreigner who is a national of a country sharing the border with Thailand and if such foreigner enters into the Kingdom with a border pass or other pass in the same manner as prescribed by the Director-General, he or she may be permitted by the Registrar to work in the Kingdom temporarily during the time period or season and in a specific area.

          Localities, nationalities of foreigners and types or natures of work to which the provisions of paragraph one shall apply and the conditions for application thereto shall be as prescribed in the Notification of the Council of Ministers by publication in the Government Gazette.

          The application for work permission and the issuance of a work permit under paragraph one shall be in accordance with the rules, procedures and conditions prescribed in the Ministerial Regulation.

          Paragraph four : Repealed

          Section 64/1 A foreigner who wishes to apply for work permit shall have the qualifications and is not under any prohibition as prescribed in a Ministerial Regulation and has never been punished under Section 101 except in the case of being out of punishment for no less than two years before applying for the work permit or being a foreigner under Section 63 which the Registrar permits him or her to work in a special case.

          In the case of issuance of work permit, it is necessary for a foreigner to have a health check up beforehand. The foreigner or employer of such foreigner shall bring the foreigner to have a health check up at a medical institute obtaining the license to operate the business as a medical institute.

          The provisions in paragraph one shall not apply to foreigners under Section 63/1.

          Section 64/2 A person obtaining the work permit shall have the duties to notify the Registrar in regard to his or her employer, the work place of the employer and characteristics of the work within fifteen days as from the date of being employed and shall notify each time he or she changes the employer.

          Section 65 Repealed

          Section 66 Repealed

          Section 67 The person granted permission for working who intends to continue working shall submit an application for renewal of the work permit to the Registrar before the work permit expires.

          Upon submission of the application under paragraph one, the applicant for renewal of such work permit may work for the time being until the Registrar gives an order refusing to grant renewal of the work permit.

          Subject to Section 63 and Section 63/1, work permit shall be extended for the time period as requested by an applicant but shall not exceed two years each time and shall be made as necessary only.

          The application for renewal of a work permit and the renewal thereof shall be in accordance with the rules, procedures and conditions prescribed in the Ministerial Regulation.

          Section 68 A person obtaining the work permit shall be able to always show the work permit to the competent official or the Registrar within the period as deemed reasonable.

          Section 69 If a work permit is lost, destroyed or substantially damaged, the person granted permission for working shall submit an application for a work permit substitute within fifteen days as from the date of the knowledge of such loss, destruction or damage.

          Application for substitute of work permit and issuance of the substitute of work permit shall be in accordance with the criteria and procedures as prescribed by the Director-General.

          Section 70 Repealed

          Section 71 Repealed

          Section 72 Repealed

          Section 73 Repealed

          Section 74 Repealed

CHAPTER V

FOREIGNERS’ WORKING MANAGEMENT FUND

          Section 75 There shall be established within the Department of Employment a fund called the “Foreigners’ Working Management Fund” as a revolving fund to be expended on the foreigners’ working management.

          Section 76 The Fund shall consist of the money and property as follows:

          (1) the money and property transferred from the Fund for the Repatriation of Foreigners from the Kingdom under section 140;

          (2) additional money under Section 1 paragraph five and Section 47 paragraph two and administrative fine under this Emergency Decree.

          (3) the money or property donated;

          (4) fees collectible under this Emergency Decree, in respect of which approval is given by the Ministry of Finance for their being expended without being required to be submitted to the Treasury as the State revenue;

          (5) fruits of the money or property of the Fund;

          (6) subsidies allocated by the Government as are necessary;

          (7) any other money or property received by the Fund in any case whatsoever.

          The money and property under paragraph one shall be remitted to the Fund without being required to be remitted to the Treasury as the State revenue.

          Section 77 The money of the Fund shall be expended for the following objects:

          (1) assisting foreigners who have an entry for working under this Emergency Decree and who suffer violation of rights under labour law;

          (2) repatriating foreigners from the Kingdom;

          (3) assisting and subsidising State agencies or non-governmental organisations which have proposed projects or work plans in connection with working management, welfare provision, education, public health and labour protection for foreigners;

          (4) providing monetary returns to foreigners who have contributed money to the Fund for the Repatriation of Foreigners from the Kingdom under the Foreigners’ Working Act, B.E. 2551 (2008) and funding expenses in connection with such proceeding;

          (5) managing the Fund;

          (6) managing the foreigners’ working under this Emergency Decree.

          The pursuit of activities under (1), (2), (3), (4), (5) and (6) shall be in accordance with the rules, procedures and conditions prescribed by the Fund Committee.

          Section 78 There shall be a committee called the “Committee of the Foreigners’ Working Management Fund” consisting of the Permanent Secretary for Labour as Chairperson, Director-General of the Department of Employment as Vice Chairperson, a representative of the Ministry of Foreign Affairs, a representative of the Comptroller-General’s Department, a representative of the Bureau of the Budget and a representative of the Office of the Attorney-General as ex officio members and not more than five qualified persons appointed by the Minister from persons possessing expertise in labour, finance, economics, administration or law, provided that one person shall be from each field, as members.

          The Director of the Foreign Workers Administration Bureau, Department of Employment, shall be a member and secretary.

          The Fund Committee may appoint not more than two Government officials of the Department of Employment as assistant secretaries.

          Section 79 A qualified member of the Fund Committee shall hold office for a term of four years.

          A qualified member of the Fund Committee who vacates office upon the expiration of the term may be re-appointed but may not serve for more than two consecutive terms.

          Section 80 In addition to the vacation of office upon the expiration of the term, a qualified member of the Fund Committee vacates office upon:

          (1) death;

          (2) resignation;

          (3) being a bankrupt;

          (4) being an incompetent or a quasi-incompetent person;

          (5) being removed by the Minister on the ground of neglect of duties, misbehaviour or lack of competence;

          (6) being sentenced by a final judgment to a term of imprisonment.

          Section 81 The Fund Committee shall have the powers and duties as follows:

          (1) to lay down policies, supervise the management and monitor operations to ensure conformity with the objects of the Fund;

          (2) to prescribe rules, procedures and conditions for the disbursement of money of the Fund in accordance with the objects of the Fund;

          (3) to consider and approve the annual action plan;

          (4) to consider the allocation of the money of the Fund for expenditure in accordance with the objects of the Fund;

          (5) to issue Rules in connection with the receipt of money, the disbursement of money, the retention of money, the exploitation and internal audit of the Fund, with the approval of the Ministry of Finance;

          (6) to issue Rules in connection with rules and procedures for the payment of money of the Fund for the management of foreigners’ working and the disbursement of advance money for such operation.

          Section 82 The Fund Committee has the power to appoint a sub-committee of the Fund for considering or performing any particular activity as entrusted by the Fund Committee.

         Section 83 The Department of Employment shall prepare accounts of the Fund in conformity with correct accounting systems by reference to generally recognised accounting principles and submit the same to the auditor within sixty days as from the end of the accounting year.

          Section 84 The Office of the Auditor-General or the independent auditor as approved by the Office of the Auditor-General shall be the auditor of the Fund.

          Section 85 The auditor shall report audit results to the Fund Committee for submission to the Council of Ministers within one hundred twenty days as from the end of the accounting year and the Department of Employment shall disseminate financial statements certified by the auditor within fifteen days as from the date on which the Council of Ministers has the knowledge thereof.

CHAPTER VI

ADMINISTRATIVE MEASURES

PART I

SUSPENSION OF PERMITS FOR BRINGING FOREIGNERS FOR WORKING, REVOCATION OF PERMITS FOR BRINGING FOREIGNERS FOR WORKING AND REVOCATION OF WORK PERMITS

          Section 86 In the case where the person granted permission for bringing foreigners for working lacks any qualification or is under any prohibition under section 27 or fails to comply

with or incorrectly complies with this Emergency Decree or a Ministerial Regulation or a Notification issued under this Emergency Decree, the Director-General shall order suspension of the permit for bringing foreigners for working for a period not exceeding one hundred twenty days and order the person granted permission for bringing foreigners for working to undertake correct compliance or take remedial action within the specified period of time.

          Section 87 In the case where the person granted permission for bringing foreigners for working commits an offence under this Emergency Decree and is under legal proceedings, the Director-General shall order suspension of the permit for bringing foreigners for working until the case becomes final.

          Section 88 The Director-General shall order revocation of a permit for bringing foreigners for working upon occurrence of the following events:

          (1) the person granted permission for bringing foreigners for working fails to comply with or take remedial action required by the order of the Director-General under section 86;

          (2) the person granted permission for bringing foreigners for working has had the permit for bringing foreigners for working suspended, with the period of one year not having elapsed, or has had the permit for bringing foreigners for working suspended on two occasions and there exists a ground for ordering another suspension thereof;

          (3) the person granted permission for bringing foreigners for working has failed to comply with or incorrectly complied with the law of the country of origin or become involved with or aided and abetted such failure of compliance or incorrect compliance in the bringing of foreigners for working with employers in the country and the Director-General has given a written warning demanding correct compliance with the law of the country of origin or prohibiting involvement with such hitherto indicated incidences but the person granted permission for bringing foreigners for working fails to comply with the written warning of the Director-General within fifteen days as from the date of receipt thereof;

          (4) the person granted permission for bringing foreigners for working violates section 89 paragraph two;

          (5) the Director-General considers that the failure, by the person granted permission for bringing foreigners for working, to comply with or incorrect compliance with this Emergency Decree or a Ministerial Regulation or Notification issued under this Emergency Decree is a serious case;

          (6) the Director-General considers that the person granted permission for bringing foreigners for working is unable to comply with this Emergency Decree or a Ministerial Regulation

or Notification issued under this Emergency Decree.

          Section 89 An order for suspension of a permit for bringing foreigners for working and an order for revocation of a permit for bringing foreigners for working shall be in writing and notified to the person granted permission for bringing foreigners for working. In the case where the person granted permission for bringing foreigners for working is not found or the person granted permission for bringing foreigners for working refuses to receive the order, such order shall be posted at an open and conspicuous place at the office and it is deemed that the person granted permission for bringing foreigners for working has the knowledge of such order as from the date on which it is posted.

          During suspension of the permit for bringing foreigners for working, the person granted permission for bringing foreigners for working shall not carry out any act in connection with the bringing of foreigners for working with employers in the country unless it is the act to be carried out in furtherance of the bringing of foreigners for working with employers in the country prior to the date of the suspension of the permit for bringing foreigners for working.

          The person granted permission for bringing foreigners for working whose permit for bringing foreigners for working has been revoked must be responsible for the repatriation of foreigners who remain under his responsibility to countries of origin until the liability under this Emergency Decree is discharged and shall give the Director-General a report on foreigners who remain under his responsibility.

          Section 90 In the case where it appears that the person granted permission for working violates this Emergency Decree or fails to comply with the conditions fixed for the permission, the Registrar shall have the power to order revocation of the work permit.

          Section 91 The Director-General may publish a list of employers or persons granted permission for bringing foreigners for working upon whom punishment has been inflicted by reason of the violation of or failure to comply with this Emergency Decree.

PART II

APPEALS AGAINST ADMINISTRATIVE ORDERS

          Section 92 In the case where the Director-General refuses to grant permission under Section 26, to grant permission to renew the license to bring foreigners to work under Section 30 or the guarantee bond has been deducted or the guarantee bond has been requested to increase under this Emergency Decree, the applicant or licensee to bring foreigners to work shall have the right to appeal to the Minister within thirty days as from the date of being notified.

          The decision of the Minister is final.

          Section 93 In the case where the Director-General has deducted the guarantee bond or called for an increase of guarantee bond under this Emergency Decree, an employer has the right to appeal to the Minister within thirty days as from the date of being notified of such order.

          The decision of the Minister is final.

          Section 94 The person granted permission for bringing foreigners for working whose permit for bringing foreigners for working has been suspended or whose permit for bringing foreigners for working has been revoked has the right to appeal to the Minister within thirty days as from the date of receipt of the notification of the order in question.

          The decision of the Minister shall be final.

          Section 95 In the case where the Registrar does not grant permission under Section 59, Section 60, Section 63, Section 63/1, Section 63/2, or Section 64 or does not renew the work permit under Section 67 or revoke the work permit under Section 90, the applicant for work permit, the person applying for work permit on behalf of the foreigner or the person holding the work permit, as the case may be, has the right to appeal t o the Minister within thirty days as from the date of being notified of such order.

          The decision of the Minister is final.

          Section 96 The Minister, upon receipt of the appeal under section 92, section 93, section 94 or section 95, shall consider the appeal and notify the appellant without delay but not later than thirty days as from the date of receipt thereof. If a necessary cause prevents completion of the consideration within such period of time, the appellant shall be given the notification thereof in writing before the expiration of such time. In this regard, the period for the consideration of the appeal may be extended for a period not exceeding thirty days as from the date of the expiration thereof.

          In the case where the period of time specified in paragraph one has elapsed, it shall be deemed that the Minister has considered the appeal and affirmed the original order.

          Section 97 The appeal under section 92, section 93, section 94 or section 95 shall not have the effect of staying the execution of the order except the case of the appeal of an order refusing to grant renewal of a work permit under section 67.

CHAPTER VII

COMPETENT OFFICIALS

          Section 98 In the performance of duties under this Emergency Decree, the Registrar and the competent official have the powers as follows:

          (1) to summons or order, in writing, any person concerned to give explanations and furnish documents or any other evidence for assisting the consideration;

          (2) to enter the place of business of bringing foreigners for working in the country during working hours for conducting an inspection in the execution of this Emergency Decree;

          (3) enter into the business operation place which accepts a foreigner to work during the operational hours to inspect the compliance with this Emergency Decree.

          (4) to conduct a search in the case where there is a reasonable cause to suspect that a foreigner has been brought for working in the country or a foreigner has worked unlawfully or to conduct a search for finding and assisting a foreigner who has become an injured person from any act in violation of this Emergency Decree;

          (5) to seize or attach documents or evidence pertinent to the working or the bringing of foreigners for working in the country, in the case where there is a reasonable cause to believe that an offence under this Emergency Decree has been committed.

          A search under (4) requires a warrant of search except that, in the case where there is a reasonable cause to believe that a delay in securing a warrant of search is likely to result in the foreigner being attacked, moved or concealed or relevant evidence being moved, concealed, transformed or destroyed, a search may be conducted without warrant of search, provided that the provisions of the Criminal Procedure Code on searching shall be complied with.

          In the performance of the duties under (2), (3), (4) and (5), persons concerned shall render reasonable assistance.

          The use of power under (1), (2) or (3) shal not be made in the manner which force foreigners to stop working for an unreasonable period or interrupt the business operation of the employer or work during a night time unnecessarily.

          Section 99 The Registrar and the competent official must have an identification card in accordance with the form prescribed by the Minister by publication in the Government Gazette.

          In the performance of duties under this Emergency Decree, the Registrar and the competent official must show the identification card to persons concerned.

          Section 100 In the performance of duties under this Emergency Decree, the Registrar and the competent official shall be officials under the Penal Code.

          For the purpose of arresting and suppressing offenders under this Emergency Decree, the Registrar or the competent official shall have the same powers and duties as those of an administrative or police official under the Criminal Procedure Code.

          In the case where an competent official finds a foreigners who works without work permit or work outside of the right to do so which violates this Emergency Decree and the competent official orders such foreigner to report to a police station with the competent official but such foreigner fails to comply with the order or escapes, the competent official shall have the power to arrest such foreigner without a warrant and shall promptly bring him or her to the office of an investigator.

CHAPTER VIII

PENALTIES

          Section 100/1 The Director-General, Registrar or any competent official who fails to respond within the prescribed time period under Section 5/1 paragraph two without any reasonable ground shall be liable to a fine not exceeding five thousand Baht.

          Section 101 Any foreigner who violates Section 8 shall be liable to a fine of five thousand Baht to fifty thousand Baht and upon paying such fine; such foreigner shall be repatriated out of the Kingdom expeditiously except in the case of being a foreigner under Section 63 or Section 63/1.

          The provisions in paragraph one shall not apply to foreigners who are victims or witnesses in a human trafficking case under the law on anti-human trafficking.

          In the case where a foreigner being accused of committing an offence under paragraph one accepts to get out of the Kingdom, a competent official shall settle by fine in accordance with the criteria, procedure and conditions prescribed by the joint committee and shall notify the Department of Employment. Upon proceeding with the repatriation of such foreigner, the case shall be deemed terminated under the Penal Procedural Code.

          The joint committee under paragraph three shall consist of a representative from the Office of the Attorney-General as the chairperson, representative from the Royal Thai Police and representative from the Department of Employment as member of the committee and secretary.

          Criteria, procedures and conditions in the settlement by fine prescribed by the joint committee under paragraph three shall take into account the severity of an offence, repeatability, and prevention of repeated offence and shall be published in the Government Gazette.

          Section 102 Any person employs a foreigner by violating Section 9 shall be liable to a fine of ten thousand Baht to one hundred thousand Baht per one foreigner employed.

          If the offender under paragraph one commits a repeated offence, he or she shall be liable to imprisonment for a term not exceeding one year or to a fine of fifty thousand Baht to two hundred thousand Baht per one foreigner employed or to both. Such person shall be prohibited from employing a foreigner for three years as from the date of final Court judgment.

          Section 103 Any person fails to comply with Section 13 shall be liable to a fine not exceeding twenty thousand Baht.

          Section 104 Any person who violates section 25 shall be liable to imprisonment for a term not exceeding six months or to a fine not exceeding one hundred thousand Baht or to both.

          Section 105 Any person who violates section 26 paragraph one shall be liable to imprisonment for a term of one year to three years or to a fine of two hundred thousand to six hundred thousand Baht or to both.

          Section 106 Any competent official who fails to perform duties under Section 30 paragraph two shall be liable to imprisonment for a term not exceeding one month or to a fine not exceeding ten thousand Baht or to both.

          Section 107 Any licensee to bring foreigners to work who fails to comply with Section 31 paragraph one, Section 32, Section 33, Section 34, Section 35 paragraph one, Section 41 paragraph two, Section 43 or Section 44 shal be liable to a fine not exceeding twenty thousand Baht.

          Section 108 Repealed

          Section 109 Any manager who has the power to act on behalf of a juristic person or employee under Section 35 who fails to comply with Section 35 paragraph two shall be liable to a fine not exceeding five thousand Baht.

          Section 110 Any person who is not an employee whose duties is related to brining foreigners to work under Section 35 but has undertaken the work relating to bringing foreigners to work with an employer in the Kingdom shall be liable to imprisonment for a term not exceeding three years or to a fine not exceeding six hundred thousand Baht or to both.

          Section 110/1 Any licensee to bring foreigners to work brings a foreigner to be an employee of an employer contracting labour or wage or brings a foreigner to work for himself by which he is a labour or wage contractor shall be liable to imprisonment for a term not exceeding one year or a fine not exceeding two hundred thousand Baht or to both.

          Any licensee to bring foreigners to work who brings a foreigner to work with an employer without notifying the Registrar under Section 41 paragraph three shall be liable to imprisonment for a term not exceeding six months or to a fine not exceeding one hundred thousand Baht or to both.

          Section 111 Any licensee to bring foreigners to work or employee whose duties is related to bringing foreigners to work violates Section 42 shall be liable to imprisonment for a term not exceeding one year and a fine of two times the money or other assets value requested or accepted from an employer or foreigner or service fee or expenses which is more than the rate prescribed in a notification by the Director-General and the Court shall order the licensee to bring foreigners who has committed an offence to return the money or assets illegitimately collected to the employer or foreigner, as the case may be.

          In case the licensee to bring foreigners to work does not return the money or assets in accordance with the Court order within thirty days, upon a request by the employer or such foreigner, the Director-General may deduct the guarantee bond of the licensee to bring foreigners to work to comply with the Court order.

          Section 112 Any person who violates section 45 shall be liable to a fine of twenty thousand Baht and to another fine not exceeding five thousand Baht a day throughout the period in which the violation occurs.

          Section 113 Any employer who brings foreigners from other countries to work for him in the country by which he is a labour or wage contractor shall be liable to a fine not exceeding two hundred thousand Baht.

          Any employer under Section 46 paragraph one who brings foreigners from other countries to work for him in the country without notifying under Section 46 paragraph one or paragraph two shall be liable to a fine not exceeding one hundred thousand Baht.

          Any employer who cannot illustrate an employment contract upon being requested by a competent official for inspection under Section 46 paragraph three shall be liable to a fine not exceeding five thousand Baht.

          Section 113/1 Any employer or a licensee to bring foreigners to work who fails to notify the Registrar when a foreigner resigns under Section 46 paragraph three or when an event under Section 50 paragraph one occurs, as the case may be, shall be liable to a fine not exceeding five thousand Baht.

          Section 114 Any employer who violates Section 49 shall be liable for imprisonment for a term not exceeding six months and a fine of twice the money or asset value requested or accepted from a foreigner or deducted over the rate as prescribed and the Court shall order such employer t o return the money or assets illegitimately collected to the foreigner.

          In the case where an employer does not return the money or asset under the Court order within thirty days, upon being requested by such foreigner, the Director-General may deduct the guarantee bond of such employer to comply with the Court order.

          Section 115 Any licensee to bring foreigners to work who fails to comply with Section 50 paragraph four shall be liable to a fine not exceeding twenty thousand Baht.

          Section 115/1 Any licensee to bring foreigners to work who fails to repatriate a foreigner to the origin country under Section 50 paragraph five or Section 55 shall be liable to a fine not exceeding one hundred thousand Baht per one foreigner.

          Section 116 Any employer who fails to proceed with the repatriation of foreigners to the origin country under Section 50 paragraph five or Section 55 shall be liable to a fine not exceeding one hundred thousand Baht per one foreigner.

          Section 117 Repealed 

          Section 118 Repealed

          Section 119 Any foreigner who works without notifying the Registrar under Section 61 shall be liable to a fine not exceeding fifty thousand Baht.

          Section 119/1 Any licensee to bring foreigners to work who fails to comply with Section 64/2 shall be liable to a fine not exceeding twenty thousand Baht.

          Section 120 Any holder of work permit who fails to comply with Section 68 shall be liable to a fine not exceeding five thousand Baht.

          Section 121 Repealed

          Section 122 Repealed

          Section 123 Repealed

          Section 124 Repealed

          Section 125 Any person who fails to appear for giving explanations or fails to furnish documents or evidence under section 98 (1) shall be liable to imprisonment for a term not exceeding six months or to a fine not exceeding one hundred thousand Baht or to both. 

         Section 126 Any person who obstructs the performance of duties under section 98 (2), (3), (4) or (5) shall be liable to imprisonment for a term not exceeding one year or to a fine not exceeding two hundred thousand Baht or to both.

          Section 127 Any person who fails to render assistance under section 98 paragraph three shall be liable to a fine not exceeding ten thousand Baht.

         Section 127/1 Any Registrar or competent official who fails to comply with Section 98 paragraph four shall be liable to a fine not exceeding ten thousand Baht.

          Section 128 Any person who makes any deceitful representation to another person that he can bring foreigners for working with employers in the country or can procure foreign workers for employers and, through such deceit, obtains money or property or any other benefit from the deceived person shall be liable to imprisonment for a term of three to ten years or to a fine of six hundred thousand to one million Baht for each foreigner or to both.

          If an offence under paragraph one is jointly committed by three persons upwards or by an organised criminal under the law on anti-human trafficking, the offender shall be liable to heavier penalty than that provided by law by one half.

          Section 129 Any person who aids and abets the commission of an offence under section 128, whether the principal commits the offence outside the Kingdom or not, shall be liable to imprisonment for a term of one to three years or to a fine of two hundred thousand to six hundred thousand Baht or to both.

          Section 130 In claiming the property or value lost on account of the commission of the offence under section 128 or section 129 on behalf of the injured person, the Public Prosecutor may make a claim together with the institution of a criminal action or may subsequently file a motion when such criminal action is under trial by the Court of First Instance, without precluding the injured person’s right to file a motion for making an additional claim for lost property or value under the Criminal Procedure Code before the Court renders judgment.

          In the case where no application is made for compensation for lost property or value under paragraph one, if the Court renders judgments punishing the accused, the Court may, in the criminal judgment, order the accused to compensate the injured person for the lost property or value as the Court deems appropriate. Such order does not prejudice the injured person’s right to institute a civil action against the accused for claiming a deficient amount in relation to the lost property or value.

          Section 131 Any person who confiscates a work permit or identification card of a foreigner shall be liable to imprisonment for a term not exceeding six months or a fine of ten thousand Baht to one hundred thousand Baht or to both.

          In the case where a foreigner agrees to have any person kept the work permit or document under paragraph one, such person must agree and facilitate the foreigner to access such document at all times as requested by the foreigner and in the case of violation, he or she shall be liable to the same penalty as the offence under paragraph one.

          Section 132 In the case where the offender is a juristic person, if the commission of the offence by such juristic person has resulted from the instruction or an action of any person or failure to give an instruction or failure to take action required to be done as a duty of a director, a manager or any person responsible for the operation of such juristic person, such person shall also be liable to the penalty as provided for such offence.

          Section 133 All the offences under this Emergency Decree by which the penalty is a fine, except for the offence under Section 101, the Director-General or Provincial Governor shall have the power to settle a case by fine as follows:

          (1) the Director-General for an offence occurring in Bangkok;

          (2) Provincial Governor for an offence occurring in such province.

          In the case where there is an inquiry, if the inquiry official finds that any person has committed an offence under this Emergency Decree carrying the penalty in respect of which settlement is permissible and such person agrees to the settlement, the inquiry official shall refer the matter to the Director-General or Changwat Governor, as the case may be, within seven days as from the date of such person’s agreement to the settlement.

          Upon payment of a fine by the offender, in an amount required for the settlement, within the specified time not exceeding thirty days, the case shall be deemed to have been extinguished under the Criminal Procedure Code.

TRANSITORY PROVISIONS

          Section 134 While the Notification under section 7 has not been issued, the Registrar may grant foreigners permission for engaging in any work except the work prescribed in the Royal Decree issued under section 6 of the Foreigners’ Working Act, B.E. 2521 (1978).

          Section 135 Any foreigner who has been granted a work permit or has been granted, as a matter of relaxation, permission for working under the Foreigners’ Working Act, B.E. 2551 (2008) on the date prior to the date on which this Emergency Decree comes into force shall be deemed to have been granted a work permit or granted, as a matter of relaxation, permission for working under this Emergency Decree.

          Work permits issued under the Notification of the National Executive Council No.322, dated 13th December, B.E. 2515 (1972) shall continue to be valid until the expiry thereof.

          Section 136 Any employer who has been granted permission for bringing foreigners for working with him in the country under the Emergency Decree on the Bringing of Foreigners for Working with Employers in the Country, B.E. 2559 (2016) may continue the bring of foreigners for working with him in the country.

          Section 137 Any person who has been granted a permit for bringing foreigners for working with employers in the country under the Emergency Decree on the Bringing of Foreigners for Working with Employers in the Country, B.E. 2559 (2016) prior to the date on which this Emergency Decree comes into force shall be deemed to have been granted a permit for bringing foreigners for working under this Emergency Decree.

          In the case where the person who has been granted a permit for bringing foreigners for working with employers in the country under paragraph one intends to bring foreigners for working with employers in the country after the date on which this Emergency Decree comes into force, such person must comply with this Emergency Decree before bringing foreigners for working with employers in the country.

          Section 138 All applications submitted under the Foreigners’ Working Act, B.E. 2551 (2008) and the Emergency Decree on the Bringing of Foreigners for Working with Employers in the Country, B.E. 2559 (2016) prior to the date on which this Emergency Decree comes into force shall be deemed to be the applications submitted under this Emergency Decree and the Director-General shall completely require supporting documents or evidence provided under this Emergency Decree.

          Section 139 All appeals submitted under the Foreigners’ Working Act, B.E. 2551(2008) and the Emergency Decree on the Bringing of Foreigners for Working with Employers in the Country, B.E. 2559 (2016) prior to the date on which this Emergency Decree comes into force shall be deemed to be the appeals submitted under this Emergency Decree.

          Section 140 All affairs, money, rights, liabilities, property and debts of the Fund for the Repatriation of Foreigners from the Kingdom under the Foreigners’ Working Act, B.E. 2551(2008) shall be transferred to the Foreigners’ Working Management Fund under this Emergency Decree.

          Section 141 In the initial period, the Foreigners’ Working Management Policy Commission shall consist of ex officio members under section 17 for performing duties under this Emergency Decree pro tempore until the appointment of members representing employees’ organisations and qualified members is made under this Emergency Decree, provided that this shall not be later than one hundred twenty days as from the date on which this Emergency Decree comes into force.

          Section 142 In the initial period, the Committee of the Foreigners’ Working Management Fund shall consist of ex officio members under section 78 for performing duties under this Emergency Decree pro tempore until the appointment of qualified members is made under this Emergency Decree, provided that this shall not be later than one hundred twenty days as from the date on which this Emergency Decree comes into force.

          Section 143 An employee whose wages have been deducted and remitted into the Fund for the Repatriation of Foreigners from the Kingdom under the Foreigners’ Working Act, B.E. 2551 (2008) prior to the date on which this Emergency Decree comes into force and who has left the Kingdom at his own expenses shall be entitled to a return of the deducted money within two years as from the date of leaving the Kingdom. In the absence of a request for a return thereof within the specified time, such money shall vest in the Fund.

          Section 144 All offences under the Foreigners’ Working Act, B.E. 2551 (2008) which have occurred prior to the date on which this Emergency Decree comes into force and which are capable of settlement may be settled by the Settlement Committee appointed by the Minister of Labour under section 56 of the Foreigners’ Working Act, B.E. 2551 (2008) prior to the date on which this Emergency Decree comes into force.

          All offences under the Emergency Decree on the Bringing of Foreigners for Working with Employers in the Country, B.E. 2559 (2016) which have occurred prior to the date on which this Emergency Decree comes into force and which are capable of settlement may be settled by the Director-General of the Department of Employment or Changwat Governor as provided under section 61 of the Emergency Decree on the Bringing of Foreigners for Working with Employers in the Country, B.E. 2559 (2016).

          Section 145 All by-laws or orders issued or given by virtue of the provisions of the Foreigners’ Working Act, B.E. 2521 (1978), the Foreigners’ Working Act, B.E. 2551 (2008) and the Emergency Decree on the Bringing of Foreigners for Working with Employers in the Country, B.E. 2559 (2016) as in force on the date prior to the date on which this Emergency comes into force shall remain in force insofar as they are not contrary to or inconsistent with this Emergency Decree until by-laws or orders issued under this Emergency Decree come into force.

 

Countersigned by:

General Prayut Chan-o-cha

Prime Minister

RATES OF FEES

(1) Permits for bringing foreigners for working                                                           20,000 Baht each

(1/1) Annual fe under Section 30                                                                                   10,000 Baht each

(2) Renewal of a permit for bringing foreigners for working                                    20,000 Baht each

(3) Substitutes for permits for bringing foreigners for working                              10,000 Baht each

(4) Repealed

(5) Repealed

(6) Repealed

(7) Repealed                           

(8) Work permits                                                                                                                  20,000 Baht each

(9) Renewal of work permits or extension of the working period                           20,000 Baht each

(10) Work permit substitutes                                                                                            3,000 Baht each

(11) Repealed

(12) Employment of foreigners                                                                                        20,000 Baht for each foreigner

(13) Application Fee                                                                                                            1,000 Baht each                              

(14) Certification of copies of documents

     (a) Thai language                                                                                                             50 Baht per page

     (b) Foreign language                                                                                                      100 Baht per page

(15) Issuance of certificates

     (a) Thai language                                                                                                            500 Baht per page

     (b) Foreign language                                                                                                      1,000 Baht per page

(16) Foreign language translation                                                                                   1,000 Baht each

(17) Other fees                                                                                                                     1,000 Baht each

          In issuing Ministerial Regulations prescribing fees, different fees may be prescribed by reference to occupational lines or occupational lines together with work locations of foreigners.

          Section 67 Any person employs a foreigner before the date this Emergency Decree has come into force by which such foreigner has the work permit shall notify, the Registrar, information under Section 13 of the Foreigners’ Working Management Emergency Decree, B.E. 2560 as amended by this Emergency Decree within sixty days as from the date this Emergency Decree comes into force. The Director-General shall prescribe the procedure for such notification via an electronic means or other means to facilitate employers.

          The provisions in paragraph one shall not apply to foreigners under the type as prescribed in a notification by the Director-General.

          A foreigner whom an employer has submitted an application for employment of foreigner and has obtained the travel certificate to prove his or her nationality in the Kingdom or the travel certificate t o travel out of the Kingdom under the Notification of the Ministry of Labour on Criteria, Procedure and Condition in application for work and permission to work under the Foreigners’ Working Management Emergency Decree, B.E. 2560 before this Emergency Decree has come into force shall continue to be in the Kingdom and work with the previous employer until the Registrar orders otherwise not to issue the work permit.

          In the case of necessity, the Minister may prescribe the time period by which the Registrar and competent official shall complete the proceeding to prove the nationality or other proceeding as necessary in granting permission to foreigners to work. In the case where the Registrar or competent official fails to complete within the prescribed time period, the Minister shall promptly undertake the disciplinary procedure against the Registrar and competent official.

          Section 68 Al the Notifications of the Minister under Section 7 and the prescription of the Council of Ministers under Section 63 or Section 63/1 of the Foreigners’ Working Management Emergency Decree, B.E. 2560 amended by this Emergency Decree which are issued after the date this Emergency Decree has come into force shall not have an impact on foreigners who have been permitted to work before the date this Emergency Decree has come into force and such foreigners shall continue to work until the expiration of the work permit. If he or she wishes to apply to work, he or she shall undertake the process under the Foreigners’ Working Management Emergency Decree, B.E. 2560 amended by this Emergency Decree.

          Section 69 All the foreigners under Section 63/1 of the Foreigners’ Working Management Emergency Decree, B.E. 2560 amended by this Emergency Decree who have not been permitted to work shall continue to work under a Ministerial Regulation under Section 63/1 paragraph three of the Foreigners’ Working Management Emergency Decree, B.E. 2560 amended by this Emergency Decree has been issued and upon coming into force of such Ministerial Regulation, such foreigner shall apply for permission to work within sixty days as from the date the Ministerial Regulation has come into force. Upon submitting an application for permission t o work, foreigner shall continue to work until the Registrar orders not to issue the work permit otherwise.

          For the time period of sixty days under paragraph one, the Minister may provide for extension as deemed appropriate.

          Section 70 Section 30 paragraph one, paragraph five and paragraph six of the Foreigners’ Working Management Emergency Decree, B.E. 2560 amended by this Emergency Decree shall not apply to licensees to bring foreigners to work under the Foreigners’ Working Management Emergency Decree, B.E. 2560 before this Emergency Decree has come into force and the licensees to bring foreigners to work shall continue t o operate the business to bring foreigners to work until the expiration of such licenses.

          Section 71 The Minister of Labour shall have charge and control of the execution of this Emergency Decree.

 

Countersigned by

General Prayut Chan-O-Cha

Prime Minister

Disclaimer: This English translation is provided for general understanding only and has no legal authority.
In case of any discrepancy, the official Thai version, as published in the Royal Thai Government Gazette, shall prevail.