Hughes Krupica: I don't need a WORK PERMIT, do I?

“I bought an apartment overlooking a football stadium and a beach club as part of a managed estate. I’m a qualified lawyer in Australia and my neighbours thought it would be a good idea if I joined the committee that manages the estate’s common areas, fees and management decisions. As the committee is not registered under Thai law, I don’t think I need a work permit to join. Additionally, my salary is so large in Australia that I don’t need a salary here, so I can’t see how I’m working if I simply join this committee. Am I right?”

No, you are wrong. A committee, often tellingly described as a ‘working group’ or ‘steering committee’ is a function of persons carrying out tasks in order to benefit their properties individually, and collectively. On the face of the facts above, a temporary work license would be required for each meeting WP.11, or a full work permit for permanent membership of the committee. However, to join a Housing Development which is regulated under Thai law, and to be a committee member, it is arguable (but not absolute fact) that a work permit should not be required. This is because such functions are, under law, necessary as part of the functioning of the estate. There are issues, though, with such an interpretation as foreigners will generally own leasehold in such estate, or may own a minority shareholding in a Thai company – of which they are most likely a director, and therefore do need a work permit.

“Some of my football heroes are planning to visit Thailand to take part in a friendly tournament. They receive sponsorship benefits, and I’m sure a few other benefits whilst they’re visiting. Do they need a work permit?”

Technically yes. A special Visa Type B is required, with a temporary work license WP.11. However, applications can be made through the Sport Authority of Thailand for special consideration from the Ministry of Foreign Affairs to allow an expedited process, but within the parameters of the law.

“I applied for a work permit, and the officer receiving my application said he was very busy at the moment, and would get back to me within a few months. This is going to be a problem for me, as I need to pay rent, pay my Thai staff, and I can’t see how I can work and produce income without a work permit. Does the officer know this? How long is he supposed to take to process my application? Can I sue him or the government department?

Officers are generally aware that persons seeking a work permit need efficient processing of their applications for personal reasons relating to income and prospective work. Under S.12 of the Alien Employment Act 2008, the registrar must issue permits to ‘aliens’ within seven days of receiving the complete application. Issues can arise when an officer asserts an application has a defect or is ‘incomplete’.

If you feel you have been wronged in your application, you should bear in mind the following law: Article 9, Para 2 of the Establishment of Administrative Courts and Administrative Courts Procedure Act 1999, permitting action for a state official’s neglect of official duties required by law to be performed without unreasonable delay.

An action under this provision can only be instituted where an administrative agency or state official has a particular duty to perform under the law, but neglects it or performs it with unreasonable delay. In this case, the Administrative Court may issue a decree by directing the Head of the Administrative Agency concerned, or the state official in question, to perform the required duty within the time specified by the Court. 

“What is the penalty for working with no Work Permit?”
Under S.5 Alien Employment Act: “An alien working without a work permit shall be liable for punishment of imprisonment not exceeding 5 years or a fine from 2,000 baht up to 10,000 baht or both”.
The consequences of a criminal conviction for foreigners who need to stay in Thailand can be devastating. They may lose the rights to enter Thailand in extreme circumstances, and thereby may lose the right to see their families too.

“What is the penalty if a government officer asks for a bribe?”
The penalty includes death. Under section 149 of the Thailand Penal Code: “Whoever, being an official, member of the State Legislative Assembly, member of the Changwat Assembly or member of the Municipal Assembly, wrongfully demands, accepts or agrees to accept for himself or another person a property or any other benefit for exercising or not exercising any of his functions, whether such exercise or non-exercise of his functions is wrongful or not, shall be punished with imprisonment of 5 to 20 years or imprisonment for life, and fined 2,000 up to 40,000 baht, or death.”

Desmond Hughes – Senior Partner, Hughes Krupica
Hughes Krupica is a law firm which specialises in Real Estate; Construction; Hospitality; Corporate; Dispute Resolution; and Litigation, operating in Bangkok and Phuket, servicing clients in relation to their business activities in Thailand and in other regions of Asia.
www.hugheskrupica.com