Employment of Foreign Workers Migrating from Burma, Laos and Cambodia to Thailand

The article was written by Natee International Law Office Ltd. (email:nilo@ksc15.th.com).

Below is a summary on labour law that may be useful to those who employ a large workforce, and rely on foreign labour from Thailand??™s neighbouring countries.

According to a resolution passed by the Thai Cabinet on March 2, 2004, Thai persons, individuals and/or juristic entities may employ foreign workers who are Burmese, Laotian and/or Cambodian, who illegally enter Thailand, provided certain conditions are met:

A.  For Employers

An employer may file an application with the Department of Employment, the Ministry of Labour and Social Welfare in order to be issued with an annual quota for employing the above foreign workers, commencing from June of each year.  The following documents should be submitted in support of such applications:

1.  For a juristic entity:

    a.  An officially certified copy of the company??™s affidavit, issued by the Department of Business Development, the Ministry of Commerce, not more than 6 months prior to the date of filing the application.

     b.  A copy of an identity citizenship card or work permit of the company??™s authorized director.

     c.  A copy of the company??™s household registration.

     d.  A simple map of the company??™s location.

     e.  A copy of the company??™s project agreement (in case the company is         engaged in the construction business).

2.  For an individual:

     a.  A copy of the employer??™s identity citizenship card.

     b.  A copy of the employer??™s household registration.

B. For Workers

The above Burmese, Laotian or Cambodian workers may legally work in Thailand if they have been registered by the Department of Provincial Administration, the Ministry of Interior, and have held foreigners??™ identity cards (??œTor Ror. 38/1?), issued by the Ministry of Interior since the year 2004.

Once they receive work permit cards, they are entitled to work as labourers or servants only.


Once an employer has been granted a quota for employing foreign workers, that employer has to take a potential worker, holding the above Tor Ror. 38/1 card, to the Department of Employment for registration of employment of the said worker for a period of one year up until June 30, 2006.  That worker shall then be allowed to work in Thailand for a period not to exceed June 30, 2006.

However, if the employer wants to employ the said worker for more than one year, such employer has to apply for a one-year work permit extension for that worker prior to the end of the current year employment, provided that the meeting of the Cabinet passes a resolution to allow those foreign workers to work for a period of another year from June 30, 2006.

Government fees

Fees for work permits (three months to one year) range from 550 Baht to 1,900 Baht.

Note that the above is for general information only. The contents do not constitute legal advice and should not be relied upon as such. Please seek professional legal advice for specific cases.  (updated information please browse to  (http://www.nateelaw.com/new.htm) 1/3/2006

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