Allowing Workers from Cambodia, Laos, Myanmar, and Vietnam to Temporarily Work in Thailand

Because of transportation restrictions and barriers, the number of foreign workers who will come to work in Thailand does not correspond to the demand for employment in Thailand. The Minister of Labor, as approved by the Cabinet Resolution on July 5, 2023 (B.E. 2566),  has made the notification of the Ministry of Employment to specifically allow the alien workers from Cambodia, Laos, Myanmar, and Vietnam to temporarily work legally in Thailand by virtue of Sections 6, 14, and 63/2 of Foreigners Working Management Emergency Decree B.E. 2560 (A.D. 2017), provided that the Alien Workers are within the meaning of the above Cabinet Resolution. The essences of this notification are following:

1. The employer can send the name list of the requesting foreign worker (“Name List”) on an electronic system as the main system. However, if the electronic system is unable to process it, the employer must submit it to the employment office where the employer’s office is located.
2. While employers submit the Name List and a recent foreigner’s photo to the Department of Employment by July 31, 2023 (B.E.2566), foreign workers are permitted to temporarily work without a work permit. After approval by the Department of Employment, the foreign workers shall take the Name List as evidence to work in Thailand until July 31, 2023 (B.E.2566). 
3. The permitted foreign workers can work with the employers on any kind of work unless there is a prohibition under Section 7 of Foreigners Working Management Emergency Decree B.E. 2560 (A.D. 2017). Moreover, the notification of the Ministry of Labor re: prescription of the prohibited occupation for foreigners and the announcement of the Department of Employment re: requirement of working as labor and front-office sale with employer apply for such workers as well.
4. The employers are exempt from informing the registrar regarding the name, nationality, and the job description of the foreigner within 15 days from the day of employment under Section 13 of Foreigners Working Management Emergency Decree B.E. 2560 (A.D. 2017).
5. Submitting the Name List is regarded as the employees having informed the registrar under Section 64/2 of Foreigners Working Management Emergency Decree B.E. 2560 (A.D. 2017).
6. The permit to work without a work permit for foreign workers by virtue of this notification has terminated either (1) when the foreign workers do not comply with this notification or (2) when the permission to stay in Thailand terminates under the Immigration Act B.E. 2522 (A.D. 1979).

This notification intends to assist illegal foreign workers to work in Thailand and become legitimate by making it easier for employers and employees to submit the Name List on the electronic system. This notification has been effective since June 6, 2023 (B.E.2566), and employers who hire foreign workers without a work permit must submit the Name list to the Department of Employment by July 31, 2023 (B.E.2566) to provide the temporary legal duration of foreign workers.  

Author: Ms. Panisa Suwanmatajarn, Managing Partner.