The Workers Rights 
Thailand has introduced some major changes in regulations for foreign workforce mobility, such as new requirements for the employment authorization and remote working arrangements.
The two developments that are of significance for multinational companies, non-BOI entities, foreign employees and digital nomads are the introduction of the Temporary E-Work Permit for non-BOI entities, and toughened compliance measures for the holders of the Destination Thailand Visa (DTV).
Employers and foreign professionals need to revisit their onboarding procedures, documentations and remote-work policies to ensure compliance.
Temporary E-Work Permit for Non-BOI Employers
Thailand has launched a Temporary Work Permit (Form WP.62) via the E-Work Permit system, with the Department of Employment.
The mechanism aims to streamline the administrative process from initial approval to when a foreign worker is legally able to work. Employers are able to submit the application and supporting documents online via the E-Work Permit portal.
Once that document check is completed the system can issue a Digital Temporary Permit, enabling the foreign hire to commence legally authorized work, pending further action.
How the WP.62 Process Works?
It starts from the employer’s submission of the work-permit application and the supporting documents via the digital system.
After the initial document check, a temporary WP.62 permit is issued electronically. The foreign employee can then begin to work legally and take other necessary actions, such as registering for taxes and Social Security.
Biometric verification is then carried out by the applicant and the physical or electronic long term E-Work Permit is issued.
In fact, the fast-track mechanism does not take the place of compliance obligations already in place. Non-BOI employers are still subject to the four (4) Thai workers to a foreign worker ratio and THB 2 million paid up capital condition per foreign worker.
DTV Rules Face Stricter Enforcement
The government has also increased the requirements for those who apply and hold Thailand’s Destination Thailand Visa (DTV). The visa is a multiple-entry one that allows a person to stay in Canada for a maximum of 180 days for each entry, and is for remote workers and foreign talent.
New verification criteria take into account the official criminal record certificates and proof of legal or permanent residency in the jurisdiction in which the visa application is made.
Employer/client contracts that show that applicants are getting their income from outside Thailand may also be required.
Restrictions on Local Thai Work
One of the important compliance issues is when the work is carried out for a Thai registered company or client. The amended enforcement mechanism requires that a DTV be unable to be used to supply or receive services or any compensation from the Thai entities without having an employment authorization.
Most professionals who are doing local employment require the necessary Non-B visa and E-Work Permit. Failure to comply may lead to legal and immigration hazards for both employee and employer.
HR Actions for Global Mobility Teams
Companies should review and update their foreign-worker onboarding processes to include the WP.62 temporary permit process, as appropriate.
HR should conduct an audit of remote workers and contractors who are staying in Thailand on DTV basis, especially if they are working on Thai subsidiaries or clients.
Foreign candidates are advised to have the official criminal record certificates obtained early in order to minimize possible delays in the visa processing.
FAQs
What is a Temporary Work Permit for Thailand (WP.62)?
A temporary work permit (WP.62) is a temporary work permit issued via the E-Work Permit system to eligible non-BOI employers, which enables foreign workers to start working in a country of origin’s labor market after the initial digital document check.
Will the existing employer requirements be eliminated by WP.62?
Non-BOI employers are still required to comply with the applicable capital and Thai to foreign employee requirements.
Is there any possibility for DTV holders to work in Thai companies?
DTV holders are not allowed to do a local job with a Thai-registered entity without an employment authorization (i.e. a Non-B Visa and an E-Work Permit).
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