Work Permit Basics — Who Needs One and What Counts as Work
How Thai law defines foreign work, who is exempt, and what a work permit is actually tied to.
What is a Thai work permit and who needs one?
A work permit is the authorization issued by the registrar under the Emergency Decree on the Management of Foreign Workers' Employment B.E. 2560 (2017), allowing a foreigner to work in the specific position, for the specific employer, and at the specific workplace stated on it. Every foreign national working in Thailand needs one unless a statutory exemption applies, such as accredited diplomatic missions. Tourist-visa holders may not work, whether paid or unpaid.
Do SMART Visa holders need a work permit?
SMART Visa holders approved under BOI criteria are exempt from holding a work permit for the endorsed activity, but must still comply with reporting conditions and stay within the approved scope of activity. Eligibility details are published at smart-visa.boi.go.th.
Does an unpaid foreign director need a work permit?
If the director performs duties inside Thailand — signing documents, giving instructions, holding management meetings as a matter of routine — that is work under the statutory definition and requires a permit, even without remuneration. Attending an occasional shareholders' meeting may fall within the urgent and necessary work exemption, which is time-limited and requires a prescribed notification. Assess this case by case.
Is social security mandatory for foreign employees?
Yes, for employees in undertakings covered by the Social Security Act, regardless of nationality. The employer must register the insured person within the statutory period after the start date. Contribution records are also what Immigration uses to verify genuine employment at extension time. Only limited groups, such as some workers under international agreements, are exempt.
Do I need a new work permit when I change employers?
Yes. A Thai work permit is tied to the employer, the workplace and the described duties, so it does not transfer. The former employer must notify the Department of Employment within 15 days of termination, and you must apply afresh with the new employer. Because a Non-B extension based on employment can be cut short after the job ends, the two filings should be sequenced so there is no gap in status.
How does the BOI route differ from a standard work permit?
BOI-promoted companies use the e-Expert system to obtain position approval and assign individuals online. They are exempt from the four-Thai-employees ratio and commonly receive two-year approvals per approved position, with lighter financial documentation and faster processing. The trade-off is that you need a promotion certificate and the role must sit within the approved organisation chart.
Does an LTR or SMART Visa holder still need a separate work permit?
No. LTR categories with working rights come with a digital work permit attached to the status, and SMART Visa holders are exempt from the ordinary work permit process. Both still report on the prescribed cycle and must notify BOI of a change of employer or scope. Working for an entity outside the approved conditions is still working beyond what was authorised.
Other topics
Official sources referenced
- • กรมการจัดหางาน กระทรวงแรงงาน (doe.go.th)
- • สำนักงานตรวจคนเข้าเมือง (immigration.go.th)
- • สำนักงานคณะกรรมการส่งเสริมการลงทุน BOI (boi.go.th)
- • สำนักงานประกันสังคม (sso.go.th)
- • กรมสรรพากร (rd.go.th)
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