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Thailand Reaffirms Work Restrictions for Foreigners: 27 Occupations Reserved for Thai Nationals
Thailand's Ministry of Labour has reiterated that foreign workers face restrictions on the types of jobs they can perform. Twenty-seven occupations, including traditional crafts and certain services, are exclusively reserved for Thai nationals. Violators face fines and deportation, with employers also subject to penalties.
The Department of Employment has reiterated its stance on the strict reservation of 27 occupations for Thai nationals, warning foreign workers and their employers about the consequences of violating these regulations. Under current Ministry of Labour regulations, 40 occupations are classified as prohibited for foreign workers, with 27 being entirely off-limits and 13 permitted only under specific legal conditions. The strictly prohibited list includes jobs deeply rooted in Thai culture and craftsmanship, such as wood carving, traditional hand-weaving, the making of Thai musical instruments, and the production of gold, silver, or niello items, as well as the creation of Buddha images. Furthermore, the prohibition extends to several everyday service roles, including hairdressing, beauty treatments, brokerage and agency work, Thai massage services, tour guiding, street vending, clerical work, secretarial duties, and legal services. The department emphasizes that a general work permit does not grant permission to engage in these specific occupations. Particular attention is drawn to professions like Thai massage and tour guiding, which are highly relevant in tourist hubs such as Pattaya and Phuket. While foreign workers may be employed within businesses offering these services, they are legally barred from directly performing the core duties that constitute Thai massage or tour guiding. Employers are thus obligated to scrutinize the actual tasks performed by each foreign employee, rather than relying solely on the legal operation of their establishment. The same principle applies to street vending. Working for a company does not automatically permit a foreign national to sell goods in a manner defined as prohibited. However, not all employment is banned for foreign workers. The 13 occupations allowed under conditions include accounting, engineering, and architecture for individuals covered by relevant international agreements or laws. Certain skilled and semi-skilled occupations are also permissible under specific stipulations. These encompass agriculture, animal husbandry, forestry, fishing, bricklaying, carpentry, building construction, mattress-making, knife-making, shoemaking, hat-making, garment production, and pottery. The final category covers manual labor and shop-front sales, which are restricted to foreign workers who possess an employer and entered Thailand under arrangements sanctioned by immigration law, including bilateral Memorandums of Understanding (MOUs). The Department of Employment has consistently advised employers to verify not only if a foreign worker holds a permit but also the specific type of work authorized, whether the occupation is legally permitted, and if the worker's actual duties align with the permit's conditions. Foreign workers found working without authorization or performing duties beyond their permitted scope face fines ranging from 5,000 to 50,000 baht and may be subject to deportation. They could also be barred from obtaining a work permit for two years following the completion of their punishment. Employers who hire foreign workers without valid permits or allow them to undertake unauthorized tasks are liable to fines of 10,000 to 100,000 baht per worker. Repeat offenders risk imprisonment of up to one year, fines of 50,000 to 200,000 baht per worker, or both. Such employers may also face a three-year ban on hiring foreign workers. These regulations are particularly critical for service providers in tourist destinations, including restaurants, hotels, massage parlors, tour agencies, and retail businesses. Employers should confirm three key points before hiring: the individual's legal right to work, whether the job is among the legally permitted occupations in Thailand, and if the assigned duties match the worker's permit and its stipulated conditions. For employers uncertain about these rules, the Department of Employment recommends contacting their local employment office or the department directly. Information regarding illegal employment can be reported to the Department of Employment at 02 354 1729, provincial employment offices, the Ministry of Labour hotline at 1506 (extension 2), or the Department of Employment hotline at 1694.
Original source
Pattaya Mail