On 25 June 2019, the cabinet approved in principle for 3 draft Ministerial Regulations (“Draft Ministerial Regulations”) issued by virtue of the Foreigners Working Management Emergency Decree (“Emergency Decree”) (No.1) B.E. 2560 (2017) and its amendment (no. 2) B.E. 2561 (2018) as proposed by the Ministry of Labor and that those Ministerial Regulations will be sent to the Council of State for its review and consideration. After that the Draft Ministerial Regulations will be returned to the cabinet for its final approval before becoming enforce. Brief details of such Ministerial Regulation are as follows:
- The Draft Ministerial Regulations specifying rules, procedures and conditions for applying for work permit, issuing of work permit, applying for renewal of work permit notifying of extension of time and notifying of issuance of notification of work permit.
- Draft Ministerial Regulations determining qualifications of foreigners who are able to obtain the work permit are as follows:
- Individuals who do not hold Thai nationality;
- Individuals who do not have insanity or mental infirmity;
- Individuals who have never been sentenced by a final judgment to imprisonment under the immigration-related law or the management of foreigner working law within 1 year before the date of applying for the work permit; and
- Individuals who have never been being illness with the certain diseases: leprosy, active tuberculosis, lymphatic filariasis in the presence of symptoms that are disgusting to society, addiction disease, alcoholism or syphilis in phase 3.
- The Draft Ministerial Regulations prescribing fees related to obtaining the work permit, including work permit fee, renewal fee, annual fee and substitute of work permit, for foreign workers.
Once the 3 Draft Ministerial Regulations have been promulgated, it will provide clearer conditions and more consistent in regard to the procedures, qualifications and fees in requesting for the work permit for foreign workers in Thailand.
Author: Panisa Suwanmatajarn and Anon Chanrueng