Thailand is the land of opportunities for both onshore and offshore entrepreneurs because it is full of incentives and profit, including appropriate work wages, support from the government, and the warm welcome from the locals, but the opportunities always come with challenges.
Since Thailand is still a developing country and still lacks some technologies or innovations, sometimes the local employment cannot respond to the needs of the entrepreneur, or some positions need to be transferred to the specialist from the headquarters; hereby the entrepreneur, regardless of whether they are onshore or offshore, needs to employ the foreigner.
Like every country in the world, Thailand also has the regulation, proceeding, and sanction to protect and retail jobs for the locals and will accept foreign employment as necessary if such employment can provide useful things to Thailand or the locals. Like the foregoing mentioned, the entrepreneur needs to fully understand and know the regulations and proceedings for avoiding the consequences of the sanctions that do not follow the procedure.
Key Legal Framework
The foreign employment in Thailand is primarily governed by two key legal instruments: The Immigration Act 1979 (B.E. 2522) (hereinafter referred to as “Immigration Act”) and the Foreigners’ Working Management Emergency Decree, 2017 (hereinafter referred to as “Working of Foreign Decree”) relevant Royal Decrees, Ministerial Regulations, and government organization regulations.
The Immigration Act governs the entry, stay, and departure of foreigners in Thailand. In accordance with the Immigration Act, foreigners must obtain the necessary approvals to lawfully enter, reside in, and leave the country. This means that the Immigration Act grants foreigners the legal right to residence in Thailand.
Meanwhile, the Working of Foreign Decree governs the employment of foreigners in Thailand. Foreigners who wish to work in Thailand must obtain a work permit, which specifies the type of work they are permitted to perform. In this regard, the Working of Foreign Decree grants foreigners the legal right to work in Thailand.
Lawful work requires first securing residence under the Immigration Act, followed by a work permit under the Work Permit Decree. These two laws are closely related. Foreigners who wish to work in Thailand must first obtain the right of residence under the Immigration Act. Only after securing lawful residence can apply for a work permit under the Working of Foreign Decree, thereby obtaining the legal right to work in Thailand.
The Immigration Bureau is responsible for supervising immigration and residence matters, as authorized by the Immigration Act. Meanwhile, the employment of foreigners in Thailand is supervised under the authority granted by the Working of Foreign Decree. Together with other relevant laws and government agencies, these two frameworks establish a comprehensive system for regulating foreigners who seek to work in Thailand.
Employer Requirements
First, the entrepreneurs need to follow section 9 of the Working of Foreign Decree, relevant Royal Decrees, Ministerial Regulations, and government organization regulations.
Referred to the Regulation of the Department of Employment on Criteria for Considering Work Permit Approval for Foreigners 2025 (B.E. 2568) and its Amendments. The qualifications and conditions will be different depending on who the employer is, such as the bank, which can hire the foreigners without capital or ratio restrictions but needs to have a certificate from the Bank of Thailand or the Ministry of Finance, or the government agent that can hire whoever they want.
In most cases, the employer is a juristic person registered or incorporated under Thai law, regardless of nationality. Such employers must meet these conditions in order to hire foreigners:
- Maintain a minimum registered capital of THB 2 million. For every additional THB 2 million, one foreign worker may be hired;
- For offshore companies operating in Thailand: Bring in a minimum of THB 3 million from abroad. For every additional THB 3 million, one foreign worker may be hired;
- The company must maintain a ratio of four Thai employees for every one foreign employee ; and
- Supporting documents from the employer such as the company affidavit, VAT registration certificate, employment certificate, and other relevant documents must be properly organized and complete when applying for a Work Permit.
These conditions may be exceptions depending on situations of the employer that may meet some special criteria, such as hiring the high skill level that the Thai cannot do; that person’s work will be an exception, or the employers get investment promotion from BOI.
Work Permit Requirements
After the employers prepare themselves to meet the qualifications and conditions or maybe enjoy the privileges given by the BOI or international treaties or any other cases, then looking for an appropriate candidate to join the employers’ team is the next proceeding.
Before beginning the search for the right candidate, employers should first understand the concept of a work and work permit—an essential factor that can ultimately determine whether a foreign applicant can be legally employed.
Section 5, Working of Foreign Decree defines “work” as any activity involving physical or intellectual effort for profit or benefit, excluding jobs specified in Ministerial notifications.
All foreigners working in Thailand must hold a valid work permit (Section 8), regardless of payment status. This section clearly states that foreigners are prohibited from being employed in Thailand unless they possess a valid work permit; therefore, obtaining a work permit is mandatory for all foreigner who wish to work in the country.
In the event of a breach of this law, the offender will receive a criminal sanction.
1) Foreign employees
• Fines (THB 5k–50k) + deportation.
2) Employers
• First offense—fines (10k–100k/worker);
• Recidivism—imprisonment (up to 1 year) + fines (50k–200k/worker) ;or
• both fined and imprisoned, and hiring ban (prohibited from employing the foreigner for 3 years ).
Exemptions include BOI-promoted companies, international treaties/MOUs (e.g., ASEAN MRAs), and Smart Visa holders.
Prohibited Occupations
Pursuant to the Ministry of Labor Notification B.E. 2563 (2020), certain jobs are restricted. The following is the list of occupations that are prohibited for foreigners:
1. Fully Prohibited Jobs (No Exceptions)
These occupations are strictly reserved for Thai nationals to protect cultural heritage and local employment opportunities:
(1) Wood carving
(2) Driving motor vehicles or non-mechanized vehicles in the country (except international airline pilots or forklift operators)
(3) Auctioneering
(4) Gem or precious stone cutting and polishing
(5) Hair cutting, perming, or beauty services
(6) Hand weaving
(7) Mat weaving or making products from reed, rattan, hemp, straw, bamboo, bamboo pulp, grasses, feathers, coconut stalks, fibers, wires, or other materials
(8) Handmade mulberry paper making
(9) Lacquerware making
(10) Thai musical instrument making
(11) Nielloware making
(12) Gold, silver, or niello ornament making
(13) Stone-inlay making
(14) Thai doll making
(15) Alms bowl making
(16) Handmade silk product making
(17) Buddha image making
(18) Paper or fabric umbrella making
(19) Brokerage or agency work (except international trade or investment)
(20) Thai traditional massage
(21) Hand-rolled cigarette making
(22) Tour guide or tour conductor
(23) Hawking or street vending
(24) Manual Thai typesetting
(25) Silk reeling or twisting by hand
(26) Clerical or secretarial work
(27) Legal or litigation services (except the following): (a) Acting as arbitrator (b) Providing assistance or representation in arbitration cases where the governing law is not Thai law
2. Conditionally Restricted Jobs
Foreigners may access these roles only under specific international agreements or certifications:
1) Professional Services Requiring International Certification
a. Accounting: Controlling, auditing, performing, or providing accounting services is prohibited, except:
• Occasional internal audits
• Accounting work under international agreements or obligations with certification by a professional council
b. Civil Engineering: Involving consulting, project planning, design, calculation, construction supervision or production, review, system arrangement, research, or testing, except:
• ASEAN MRA-compliant licensed professionals.
• Engineers licensed under Thai engineering law and authorized under related agreements.
c. Architecture: Involving project study, design, construction administration or supervision, inspection, or consulting, except:
• ASEAN MRA-compliant licensed professionals.
• Architects licensed under Thai architecture law and authorized under related agreements
2) Labor-Intensive Jobs (Employer-Specific Authorization)
a. Agriculture, Animal Husbandry, Forestry, or Fishery
b. Bricklaying, Carpentry, or Building Construction
c. Mattress or Quilted Blanket Making
d. Knife Making
e. Shoemaking
f. Hat Making
g. Garment Design and Tailoring
h. Pottery or Ceramic Ware Making
3) MOU-Governed Jobs (Labor-Sending Country Agreements)
a. Laborer
b. Front-shop Salesperson
Work Permit Application Process
Once the employer identifies the ideal foreign candidate, the next crucial step is to initiate the work permit application process by following the appropriate procedures:
1. Non-Immigrant B Visa Application
Foreign nationals seeking employment in Thailand must first obtain a Non-Immigrant B Visa (commonly known as the Business Visa). This is the most widely issued type of visa for foreigners working in Thailand, whether as employees or business operators. The application should typically be made from the applicant’s home country and, once approved, grants an initial stay of 90 days. During this period, the employer must secure a work permit on behalf of the foreigner. Upon successful issuance of the work permit, the individual becomes eligible to apply—while in Thailand—for a one-year extension of the Non-Immigrant B Visa, with the support of their sponsoring company. This visa should be applied by the foreign applicant at Thai Consulate in origin country by providing these documents:
a. Passport or travel document with validity of not less than 6 months;
b. Completed visa application form;
c. Recent passport-sized photograph (4 x 6 cm) of the applicant taken within the past 6 months;
d. Evidence of adequate finance (20,000 Baht per person and 40,000 Baht per family);
e. Letter of approval from the Ministry of Labor, to obtain this letter, the applicant’s prospective employer in Thailand is required to submit Form WP3 at the Office of Foreign Workers Administration, Department of Employment, Ministry of Labor;
f. Copy of Work Permit issued by the Ministry of Labor and foreign employee income tax or Por Ngor Dor 91 (only in the case where applicant has previously worked in Thailand);
g. Corporate documents of hiring company in Thailand such as:
i. business registration and business license
ii. list of shareholders
iii. company profile
iv. details of business operation
v. list of foreign workers stating names, nationalities and positions
vi. map indicating location of the company
vii. balance sheet, statement of Income Tax and Business Tax (Por Ngor Dor 50 and Por Ngor Dor 30 of the latest year)
viii. value-added tax registration (Por Por 20).
h. Document indicating the number of foreign tourists (for tourism business only), or document indicating export transactions issued by banks (for export business only).
2. Work Permit Application
The employer is responsible for submitting the work permit application, which can be initiated either before or after the foreign employee enters Thailand. However, the employee must be physically present in Thailand at the time of work permit collection. The following is a list of the required documents, categorized by those to be provided by the company and the foreign individual:
i. Documents from Company:
i. Work Permit Application Form
ii. Company registration certificate and list of shareholders
iii. VAT certificate and filings
iv. Social security payment forms
v. Corporate income tax filings
vi. Employment contract between the company and the foreign individual
j. Documents from Foreign Employee:
i. Original passport and copies of Non-immigrant visa page, latest entry page, and biodata page
ii. Copies of work experience certificates from previous employers
iii. Copies of educational certificates or degrees
iv. Recently issued medical certificate Three 3×4 cm photos taken within 6 months
v. Other relevant certificates and licenses
All copies of original documents must be signed for certification. Additionally, documents issued in languages other than English may require translation into Thai. To avoid delays in the application process, it is strongly recommended to prepare and organize all required documents in advance.
3. Processing Time
Once all required application documents have been submitted, the foreign applicant will receive a notification slip indicating the scheduled date for work permit collection. On the designated day, the applicant must be present in person with the original passport to receive the work permit stamp from the Department of Employment. In Bangkok, the processing time typically ranges from 7 to 10 business days. However, applications submitted in provinces such as Phuket may take up to two months.
4. Post-Issuance Steps
It is important to note that a standard work permit is initially valid for a maximum of one year and must be renewed upon expiration.
After the work permit is issued, the foreign employee must proceed to extend their Non-Immigrant B Visa from 90 days to at least one year, with the assistance of the sponsoring company.
Special Cases
Like foregoing mentioned, the regulations always come up with the exception or some privileges that the Entitled person may be enjoy it as Borad of investment (BOI) promotion, Eastern Economic Corridor, Treaty of Amity The following are the privileges and benefits provided under these provisions:
(1) BOI Promotions
Foreign nationals employed by BOI-promoted companies are entitled to several work permit and visa privileges, including:
a. Exemption from the standard Thai-to-foreign employee ratio – No requirement to employ four Thai nationals for every foreign employee.
b. Facilitated employment of foreign skilled workers and experts – Simplified procedures for obtaining work authorization in Thailand.
c. Access to the BOI One-Stop Service Center – Streamlined processing of work permits and visas through a centralized facility.
d. Extended visa validity – Visas may be issued for up to two years or more, with the possibility of renewal.
e. Flexibility in employment – Foreign employees may change positions or employers within BOI-promoted companies without the need to cancel their existing work permits.
(2) EEC (Eastern Economic Corridor) incentives
The EEC offers enhanced privileges for investors and skilled foreign professionals in targeted industries, including:
a. Smart Visa Program, which enables eligible professionals, investors, executives, and startup entrepreneurs to live and work in Thailand for up to four years without the need for a work permit.
b. Expedited visa and work permit processing – Fast-track services available through the EEC Development Center.
c. Work permit exemption – Certain categories under the Smart Visa program are not required to obtain a separate work permit.
d. Dependent privileges – Spouses and children of Smart Visa holders are permitted to reside in Thailand, with spouses also eligible to work.
(3) U.S.-Thailand Treaty of Amity
The U.S.-Thailan Treaty of Amity grants specific privileges to American companies and their employees, including:
a. 100% foreign ownership – U.S. citizens may wholly own a business in Thailand, with exemption from most restrictions under the Foreign Business Act.
b. Streamlined work permit and visa process – U.S. nationals employed by Treaty of Amity-certified companies benefit from facilitated immigration procedures.
c. No additional capital requirements – Qualifying companies are not subject to minimum capital thresholds beyond what is necessary for normal business operations.
Source of Information
Immigration Act 1979 (พระราชบัญญัติคนเข้าเมือง พ.ศ. 2522)
The Foreigners’ Working Management Emergency Decree, 2017 and its amendment (พระราชกำหนดการบริหารจัดการทำงานของคนต่างด้าว พ.ศ. 2560 และที่แก้ไขเพิ่มเติม)
the Ministry of Labor Notification re: Prohibited Occupations for the Foreigners (ประกาศกระทรวงแรงงาน เรื่อง กำหนดงานที่ห้ามคนต่างด้าวทำ)
Department of Employment Regulations on Criteria for Consideration of Permission for Foreign Workers to Work 2025 (ระเบียบกรมการจัดหางานว่าด้วยหลักเกณฑ์การพิจารณาอนุญาตให้คนต่างด้าวทำงาน พ.ศ. 2568)
Non-Immigrant Visa B (for Business and Work), Public services information from Ministry of Foreign Affairs
Immigration Bureau Order No. 242/2023 on granting permission for foreigners to temporarily stay in the Kingdom (คำสั่งสำนักงานตรวจคนเข้าเมือง ที่ 242/2566 เรื่อง การอนุญาตให้คนต่างด้าวอยู่ในราชอาณาจักรเป็นการชั่วคราว)
