As discussed in our previous client alert, the recently amended Emergency Decree on Managing the Work of Aliens B.E. 2560 (2017) (Amended Decree) requires employers who have already employed foreigners with valid work permits before 28 March 2018 to notify a work permit official of the foreigners' names, nationalities and nature of work employed within 60 days from the effective date of the Amended Decree or by 26 May 2018. The details of the notification method have now been issued.
On 27 April 2018, the Department of Employment (DOE) issued the Notification Re: the Specification of the Notification Method, Types of foreigners whose Employers Are Not Required to Notify Information as per Section 67 of the Amended Decree B.E. 2561 (2018) (Notification). This Notification is effective from 28 April to 26 May 2018, or until the 60th day after the Amended Decree became effective.
We have summarized the main details as follows.
A. List of foreigners who are not subject to the Notification
According to the Notification, the following types of foreigners are not subject to this Notification, and consequently their employers are not legally required to notify work permit officials:
- those who have already been permitted to work by work permit officials, and have been working for their employer correctly in accordance with the conditions stipulated in their work permits; and
- those who were permitted to enter Thailand under the law of investment promotion, law of petroleum, or other laws, and have received valid work permits specifically to work for their employers as per the Amended Decree.
B. Methods and forms used to notify work permit officials
Work permit officials can be notified either by submitting the forms physically to the DOE or electronically through to the DOE's designated email addresses. The forms for the notifications are included in the Notification itself. Employers who have notified the DOE in accordance with the methods and the forms specified by the Notification are considered to have fulfilled the requirements under the Notification.
Once work permit officials have received the completed forms with the required information, the work permit officials will be required to issue a document confirming the receipt of the notification form to employers accordingly.
Pursuant to the above Notification, employers who employ foreigners to work before 28 March 2018, correctly in accordance with valid work permits, e.g. work permits accurately specify the name of the employer and the foreigner's work in accordance with the conditions prescribed in the work permits, are not required to notify the work permit officials as per this Notification.
Note that employers who employ foreigners from 28 March 2018 will still be required to notify work permit officials of the names, nationalities and nature of work employed of the foreign employees within 15 days from the employment date, as well as to notify the work permit officials within 15 days from the employment cessation date. The relevant forms and methods to notify the said information have not yet been announced.