WORKING OF
ALIEN ACT,
B.E. 2551
(2008)
BHUMIBOL
ADULYADEJ, REX.
Given on the
13th Day of February B.E. 2551;
Being the 63rd
Year of the Present Reign.
His Majesty King
Bhumibol Adulyadej is graciously pleased to proclaim that:
Whereas it is expedient
to revise the law on working of alien;
This Act contains
certain provisions in relation to the restriction of right and liberty of
person, in respect of which section 29 in conjunction with
section 32, section 33, section 34 and section 43 of the Constitution of the
Kingdom of Thailand, so permit by virtue of law;
Be it, therefore,
enacted by the King, by and with the advice and consent of the National
Assembly, as follows:
Section
1. This Act is called the “Working
of Alien Act, B.E. 2551” .
Section
2. This Act shall come into force
as from the day following the date of its publication in the Government
Gazette.[2]
Section
3. The followings shall be
repealed:
(1) Working of Alien Act, B.E. 2521;
(2) Working of Alien Act (No. 2), B.E. 2544.
Section
4. This Act shall not apply to the
performance of specific duties by the alien in the Kingdom in the following capacities:
(1) as a member of a diplomatic mission;
(2) as a member of a consular mission;
(3) as a representative of member countries and
official of the United Nations and specialised institutions;
(4) as a personal servant coming from foreign
countries to work regularly for the person under (1) or (2) or (3);
(5) as a person who performs duties or missions in
accordance with agreements between the Government of Thailand and foreign
government or international organisation;
(6) as a person who performs duties or mission for
the benefit of education, culture, art, sports or other activities as may be
prescribed by the Royal Decree;
(7) as a person permitted, with or without any
condition, by the Council of Ministers to enter and perform any duty or
mission.
Section
5. In this Act:
“Alien”
means a natural person who is not of Thai nationality;
“Work”
means engaging in work by exerting energy or using knowledge whether or not in
consideration of wages or other benefits;
“Permit”
means a work permit;
“Holder
of permit” means an alien who has been granted a permit;
“Employee”
means the holder of permit under section 9, section 11, section 13 (1) and (2)
and section 14 who has been granted to engage in work as prescribed by the
Ministerial Regulation issued under section 15;
“Fund”
means the Alien Repatriation Fund
“Board”
means the Board of Alien Repatriation Fund;
“Committee”
means the Committee Considering Working of Alien;
“Appeal
Committee” means the Committee Considering Appeal on Working of Alien;
“Competent
official” means a person appointed by the Minister for the execution of this
Act;
“Registrar”
means the Director-General and the competent official appointed by the Minister
upon recommendation of the Director-General so as to grant permit and to
perform other duties under this Act;
“Director-General”
means the Director-General of the Department of Employment;
“Minister”
means the Minister having charge and control of the execution of this Act.
Section 6. The Minister of Labour shall have
charge and control of the execution of this Act and shall have the power to
issue Ministerial Regulations prescribing fees not exceeding the rate hereto
attached, granting exemptions from fees and prescribing other acts for the
execution of this Act.
Such Ministerial
Regulations shall come into force upon their publications in the Government
Gazette.
CHAPTER I
Working of
Alien
Part 1
General
Provisions
Section
7. The work that may be engaged
by alien as well as working area and period shall be prescribed by the
Ministerial Regulation. In the issuance
of such Ministerial Regulation, regard shall be had to national security,
occupation opportunity of Thais and demand for alien labour as necessary for
the development of the country. The
matters to be prescribed may be different between general alien and the aliens
under section 13 and section 15.
The
provisions of paragraph one shall not apply to the working of aliens under
section 12.
Section
8. In order to limit the number
of aliens other than skilled workers or experts to engage in specific
categories of works or in works with specific nature in the Kingdom, the
Minister may, with approval of the Council of Ministers, impose by notifying in
the Government Gazette the levy for hiring of aliens other than skilled workers
or experts to engage in specific categories of works or in works with specific
nature in the Kingdom.
Whoever
desires to engage the alien under paragraph one shall notify the registrar in
the form as specified by the Director-General and shall pay the levy at least
three days prior to the date of hired contract.
Whoever
fails to comply with the provisions under paragraph two shall be liable to
surcharge at the rate of one-time of the levy to be paid.
Part
2
Work
Permit
Section
9. No alien shall engage in any
work other than the works under section 7 and the permit shall be granted by
the registrar, except for the alien who enters into the Kingdom temporarily
under the law on immigration so as to engage in necessary and urgent work for a
period of not exceeding fifteen days and that alien may engage in that work
after giving written notification to the registrar.
In
the issuance of the permit, the registrar may impose any conditions to be
complied with by the alien.
The
permit, the application for and the issuance of the permit and the giving of
notification under paragraph one shall be in accordance with the form and
procedure as prescribed by the Ministerial Regulation.
The
Director-General may lay down the guideline for prescribing of the conditions under
paragraph two to be complied with by the registrar.
Section
10. The alien who is eligible for
the permit under section 9 shall have the place of residence in the Kingdom or
has been permitted to enter into the Kingdom temporarily under the law on
immigration in any status other than tourists or transit passenger and shall
not have any prohibitions as prescribed by the Ministerial Regulation.
Section
11. Whoever desires to engage an
alien living abroad to work for his business in the Kingdom may apply for the
permit and pay fee on behalf of that alien.
The
application for the permit on behalf of the alien under paragraph one shall be
in accordance with the procedure as prescribed by the Ministerial Regulation.
Section
12. In granting of permission to
any alien to engage in work in the Kingdom under the law on investment
promotion or other laws, the authority who grants permission under such law
shall without delay notify the granting of that permission in writing to the
registrar together with other details as specified by the Director-General.
The
registrar shall, after receiving the notification under paragraph one, issue
the permit to that alien within seven days as from the date of receiving of
such notification.
While
awaiting for the permit under paragraph two, that alien may engage in work
without regard to section 24 until the date of receiving of the permit as
notified by the registrar.
Section
13. The alien who is not eligible
for the permit under section 9 on account of the following grounds may apply to
the registrar for the permit to engage in the works as notified in the
Government Gazette by the Council of Ministers according to the recommendation
of the Committee with due regard to national security and social impact:
(1) being deported under the law on deportation,
but he is allowed to work at any place in lieu of deportation or while awaiting
for deportation;
(2) having immigrated into or stayed in the
Kingdom without permission under the law on immigration, but he is allowed to
stay in the Kingdom temporarily while awaiting for deportation under the law on
immigration;
(3) being lost of nationality by the provisions of
the Announcement of the National Executive Council No. 337, dated 13th
December B.E. 2515 or by other laws;
(4) born in the Kingdom but not entitling to Thai
nationality by the provisions of the Announcement of the National Executive
Council No. 337, dated 13th December B.E. 2515;
(5) born in the Kingdom but not entitling to Thai
nationality by the provisions of the law on nationality.
The
Council of Ministers may impose any condition in the Notification under
paragraph one.
The
application for and the granting of the permit under paragraph one shall be in
accordance with the procedure as prescribed by the Ministerial Regulation.
Section
14. The alien having place of
residence in, and being of nationality of, the country having common boundary
with Thailand who enters into the Kingdom with travel document under the law on
immigration may be permitted to engage in specific categories of works or in
works with specific nature in the Kingdom temporarily through the specified
period or season within the area which is adjacent to boundary or the area
which is contiguous therewith.
An
alien who desires to engage in the work under paragraph one shall submit the
application, together with travel document, for temporary work permit to the
registrar and shall pay fee in the amount as prescribed by the Ministerial
Regulation.
In
granting of the permit, the registrar shall specify the permitted working area
or work place, working period, category or nature of work and the employer to
work with in accordance with the form and procedure as prescribed by the
Ministerial Regulation.
The
provisions of this section may come into force in any area, to the alien of any
nationality, for any category or nature of work, during any period or season
and with any condition upon the Notification of the Council of Ministers as
prescribed in the Government Gazette.
Section
15. The employee with the permit
issued under section 9, section 11, section 13 (1) and (2) and section 14,
particularly to the work as prescribed by the Ministerial Regulation, shall
remit money to the Fund as security for repatriation of that employee and the
employer shall have the duty to deduct salary of that employee and remit the
deducted money to the Fund.
The
amount of money to be remitted to the Fund, the deduction of salary and the
remittance of the deducted money to the Fund under paragraph one shall be in
accordance with the rules, procedure, period and rate as specified by the
Ministerial Regulation. The prescribed
amount and rate may be different for the employees of different nationalities
with due regard to the cost of repatriation of the employee of each nationality.
The
provisions of paragraph one shall not apply to the employee having the receipt
issued under section 16 paragraph one showing that he completely paid to the
Fund or having the certificate issued under section 16 paragraph two and the
employee who has shown in the evidence of the registrar that he completely paid
to the Fund, particularly to the employee whose money has not yet returned
under section 18 or who has not been repatriated.
Section
16. When the employer remits
deducted salary of any employee to the Fund, the registrar shall issue the
receipt to the employer. Such receipt
shall at least specify name and identification number of the employee whose
salary has been deducted and remitted to the Fund and the unpaid amount. The employer shall then deliver the receipt
to the employee as evidence.
In
the case where the salary of the employee has been deducted so as to remit to
the Fund completely, the employer shall issue the certificate thereon to that
employee as evidence.
If
the certificate issued under paragraph two is lost or damaged, the employee may
request the registrar for the substitution thereof.
The
issuance of the receipt under paragraph one and the certificate under paragraph
two and the issuance of the substitution under paragraph three shall be in
accordance with the form, rules and procedure as prescribed by the Ministerial
Regulation.
Section
17. The employer who fails to
remit the deducted salary under section 15 to the Fund or remit an incomplete
amount shall be liable to surcharge at the rate of two per cent per month of
the unremitted or incomplete amount thereof.
Section
18. The employee who departs the
Kingdom on his own expense shall be entitled to claim his deducted salary which
has been remitted to the Fund. In this
case, the employee may submit his request to the registrar at the port of entry
he has to presence for his departure or posts his written claim to the
registrar.
The
employee shall, in making of the claim under paragraph one, attach the evidence
under section 16 paragraph one therewith if the he has not yet paid the Fund
completely or the evidence under section 16 paragraph two if the he has completely
paid to the Fund.
The
registrar shall return the deducted salary under paragraph one to the employee
within thirty days as from the date of receiving the request or claim, as the
case may be. If the registrar fails to
return that money to the employee within the aforesaid period, the registrar
shall return that money together with interest at the rate of seven point five
per cent per annum since the expiration of the aforesaid period through the
date the registrar returns that money to the employee.
The
return of deducted salary and interest thereof under this section may be made
in cash or cheque specifying the name of the employee or by transferring that
money to the account of the employee in accordance with the rules as prescribed
by the Director-General.
Section
19. If the employee who departs
the Kingdom on his own expense fails, within two years as from the date he
departs the Kingdom, to claim for his deducted salary remitted to the Fund
under section 18, his right to claim for that money shall be terminated and
that money shall devolve on the Fund.
Within
two years as from the departing date, if the employee under paragraph one enters
into the Kingdom and engages in the work as specified in the permit which is
still valid or engages in the work as specified in the new permit and that work
has been prescribed by the Ministerial Regulation enacted under section 15, as
the case may be, that employee shall be exempted from deduction of salary so as
to remit to the Fund, except where the deducted salary which is remitted to the
Fund of that employee has not yet completed, the employer shall deduct salary
of that employee so as to remit to the Fund until the completion thereof.
Section
20. If the employee has to be
repatriated, the Fund shall provide money for the expense of repatriation of
that employee.
In
the case where the money remitted to the Fund of the employee to be repatriated
has not yet completed, the Fund shall provide only for the deficient, except
where the employee engages in work in the Kingdom on demand of the employer,
that employer shall be liable to the deficient and the Fund shall collect the
deficient from that employer.
Section
21. The permit granted under this
Act shall be valid for not exceeding two years as from its granting date,
except the permit which is granted to the alien under section 12 shall be valid
through the period he has been permitted to work under such law.
The
period of the permit under paragraph one shall not extend the period to stay in
the Kingdom under the law on immigration.
Section
22. In the case where the period
of work of the holder of permit under section 12 has been extended under such
law, the licensor under such law shall notify the extension of that period in
writing to the registrar in accordance with the form as specified by the
Director-General as soon as possible and the registrar shall file that
extension in the permit.
Section
23. Prior to the expiry date of
the permit, if the holder of permit desires to continue engaging in that work,
he shall apply for the renewal of that permit to the registrar.
Upon
submission of the application under paragraph one, the applicant may engage in
that work until the registrar refuses the renewal.
The
period of each renewal shall not exceed two years and the renewal shall be made
only in necessary case so as to deter the settlement of alien in the
Kingdom. In the case of the alien under
section 13 (1) and (2), the consecutive period of work to be renewed shall not
exceed four years, except where otherwise prescribed by the Council of
Ministers occasionally.
The
application for and the granting of renewal shall be in accordance with the
rules and procedure as prescribed by the Ministerial Regulation.
Section
24. A holder of permit shall keep the permit on himself or at the place of
work during work in order that it may be readily shown to the competent
official or registrar.
Section
25. If the permit is lost or
damaged, a holder of permit shall apply for its substitution to the registrar
within fifteen days as from the date that loss or damage has known to him.
The
application for and the granting of the substitution of the permit shall be in
accordance with the rules and procedure as prescribed by the Ministerial
Regulation.
Section
26. A holder of permit shall
engage in work of the category or nature and with the employer and at the area
or place and conditions as permitted.
The
holder of permit who desires to change or add category or nature of work,
employer, working area or work place or conditions shall be permitted by the
registrar.
The
application for and the granting of the permission shall be in accordance with
the rules and procedure as prescribed by the Ministerial Regulation.
Section
27. No person shall engage an
alien to work for him other than the holder of permit and in the work of the
category or nature and at the working area or work place as specified in the
permit.
Section
28. If the holder of permit
violates or fails to comply with the specified conditions, the registrar shall
have the power to revoke the permit.
CHAPTER
II
Alien
Repatriation Fund
Section
29. There shall be established
the fund in the Department of Employment, called the “Alien Repatriation Fund”,
so as to be the revolving fund for the repatriation of employee, alien and deportee
abroad under this Act, the law on immigration and the law on deportation, as
the case may be.
Section
30. The Fund shall consist of the
following money and properties:
(1) surcharge under section 8 paragraph three;
(2) money to be remitted to the Fund by the
employer under section 15
(3) surcharge under section 17;
(4) money devolve on the Fund under section 19
paragraph one;
(5) money collected from the employer under
section 20 paragraph two;
(6) donated money or properties;
(7) fee collected under this Act as allowed by the
Ministry of Finance to spend without remitting to State’s fund;
(8) fruits of the Fund;
(9) subsidy from Government under section 31
paragraph two.
Money
and properties under paragraph one shall devolve on the Fund without remitting
to State’s fund.
Section
31. The Fund shall be paid for
the following purposes:
(1) to finance expenses in relation to the
repatriation of employee under this Act;
(2) to be returned to the employee under section
18 and to be paid for related expenses thereof;
(3) to
finance expenses in relation to the repatriation of alien under the law on
immigration;
(4) to finance expenses in relation to the
deportation of deportee under the law on deportation;
(5) to finance necessary administration cost of
the Fund, but not exceeding ten per cent of the fruits of the Fund;
(6) money of the Fund under section 30 (7) and
fruits arising therefrom shall be paid particularly for the benefit of the
concerned agencies in relation to the administration of the working of alien.
In
the case where the money of the Fund is inadequate for the expenses under
paragraph one, the Government shall from time to time pay subsidy to the Fund
as necessary.
Section
32. There shall be the Board of
Alien Repatriation Fund, consisting of the Permanent Secretary of the Ministry
of Labour as Chairperson, the Director-General of the Department of Employment
as Vice-Chairperson, the Commissioner of Immigration Bureau, a representative
of the Ministry of Foreign Affaires, a representative of the Office of the
Attorney-General, a representative of the Bureau of the Budget, a
representative of the Department of Provincial Administration, a representative
of the Comptroller General’s Department, a representative of the Department of
Social Development and Welfare and not more than seven qualified persons having
experience in labour, finance, industry and law appointed by the Minister with
approval of the Council of Ministers as members.
The
Director of the Office of Foreign Workers Administration shall be member and
secretary.
The
Board may appoint not more than two officials of the Department of Employment
to be assistant secretaries.
Section
33. A qualified member of the
Board shall hold office for the term of three years.
A
qualified member who vacates from office may be reappointed, but not more than
two consecutive terms.
Section 34. In addition to vacating office at the end
of the term, a qualified member of the Board vacates office upon:
(1) death;
(2) resignation;
(3) being bankrupt;
(4) being an incompetent or quasi incompetent;
(5) being dismissed by the Council of Ministers
due to negligent or dishonest in the discharge of duty, disgrace behaviour or
incapability;
(6) having been sentenced by a final judgment to
imprisonment.
Section
35. The provisions on the
committee having duty to conduct administrative procedure under the law on
administrative procedure shall apply to the appointment of the qualified
members of the Board and the meeting of the Board mutatis mutandis.
Section
36. The Board shall have the
power to appoint its sub-committee so as to consider or perform any act as
entrusted by the Board.
The
provisions on the committee having duty to conduct administrative procedure
under the law on administrative procedure shall apply to the appointment and
the meeting of the sub-committee of the Board mutatis mutandis.
Section
37. The Board shall have the
powers and duties as follows:
(1) to lay down guideline, rules, conditions and
priority for spending of the Fund for each year in accordance with the
objectives of the fund;
(2) to determine rule for calculation of necessary
cost in relation to the repatriation or deportation of the employee, alien or
deportee of each nationality;
(3) to consider and allocate money of the Fund for
financing each objective of the fund in accordance with the guideline and
priority under (1);
(4) to consider and allocate money of the Fund to
concerned agencies as advance money for repatriation or deportation of the employee,
alien or deportee;
(5) to issue regulations relating to the receipt,
spending, keeping or benefiting of money and internal audit of the Fund;
(6) to issue regulations relating to the rules and
procedure for payment of money of the Fund to concerned agencies for the
repatriation or deportation of the employee, alien or deportee and for payment
of advance money under (4).
The
determination, result of consideration and regulations under this section shall
be published in the Government Gazette.
The
regulations issued under (5) and (6) shall come into force upon their
publications in the Government Gazette.
Section 38. The Department of Employment shall make
and maintain the accounting of the Fund in accordance with the accounting
system of the Ministry of Finance.
Section 39. The Office of the Auditor-General or the
independence auditor as approved by the Office of the Auditor-General shall be
auditor of the Fund.
Section 40. The auditor shall report the result of the
audit to the Board for further submission to the Council of Ministers within
one hundred and twenty days as from the ending date of the accounting year, and
the Department of Employment shall publicise the financial statement as audited
by the auditor within fifteen days as from the date the acknowledgement of the
Council of Ministers has been given thereto.
CHAPTER
III
Committee
Considering Working of Alien
Section
41. There shall be the Committee
Considering Working of Alien, consisting of the Permanent Secretary of the
Ministry of Labour as Chairperson, the Secretary-General of the National
Economic and Social Development Board, the Secretary-General of the National
Security Council, the Director of the National Intelligence Agency, the
Attorney-General, a representative of the Ministry of Defence, a representative
of the Ministry of Foreign Affaires, a representative of the Ministry of
Agriculture and Cooperatives, a representative of the Ministry of Interior, a
representative of the Ministry of Public Health, a representative of the Ministry
of Industry, a representative of the Royal Thai Police, not more than three
representatives of employers’ organisation, not more than three representatives
of employees’ organisation and not more than four qualified persons having
experience in labour, industry and law appointed by the Minister with approval
of the Council of Ministers as members.
The
Director-General shall be member and secretary and the Director of the Office
of Foreign Workers Administration shall be member and assistant secretary.
The
acquisition, term of office and vacation from office of the representatives of
employers’ organisation and employees’ organisation and the term of office and
vacation from office of the qualified members under paragraph one shall be in
accordance with the regulations determined by the Minister with approval of the
Council of Ministers and published in the Government Gazette.
Section
42. The Committee shall have the
powers and duties as follows:
(1) to propose policy on working of alien to the
Council of Ministers;
(2) to give recommendation to the Council of
Ministers or the Minister in the issuance of the Royal Decrees, Ministerial
Regulations, Regulations and Notifications under this Act;
(3) to monitor, oversee and cooperate an
implementation of the agencies concerned with the working of alien according to
the policy on working of alien laid down by the Council of Ministers;
(4) to supervise an implementation of the
Department of Employment under this Act to be in accordance with the policy on
working of alien laid down by the Council of Ministers;
(5) to perform any other duties as entrusted by
the Council of Ministers or Minister.
Section 43. At a meeting of the Committee, not less
than one-half of the total number of the members must be presented to
constitute a quorum.
At a meeting of the
Committee, if the Chairperson is not present at the meeting or is unable to
perform his duty, the members shall select one among themselves to preside over
at the meeting.
A decision shall be made
by a majority of votes. In casting
votes, each member shall have one vote.
In case of an equality of votes, the person who presides over at the
meeting shall cast an additional vote as a casing vote.
Section 44. The Committee shall have the power to
appoint its sub-committee to perform any act as entrusted by the Committee.
The provisions of
section 43 shall apply to the meeting of the sub-committee mutatis mutandis.
CHAPTER
IV
Committee
Considering Appeal on Working of Alien
Section
45. There shall be the Committee
Considering Appeal on Working of Alien, consisting of the Permanent Secretary
of the Ministry of Labour as Chairperson, a representative of the Ministry of
Foreign Affaires, a representative of the Office of National Economic and
Social Development Board, a representative of the Office of Attorney-General, a
representative of the Department of Business Development, a representative of
the Office of the Board of Investment, a representative of the Royal Thai
Police, a representative of employers’ organisation, a representative of
employees’ organisation and not more than three qualified persons appointed by
the Minister as members.
The
Director-General shall appoint an official of the Department of Employment to
be member and secretary and not more than two officials thereof as assistant
secretaries.
The
acquisition, term of office and vacation from office of the representatives of
employers’ organisation and employees’ organisation and the term of office and
vacation from office of the qualified members under paragraph one shall be in
accordance with the regulations determined by the Minister and published in the
Government Gazette.
Section
46. In the case where the
registrar refuses to grant the permit or permission under section 9, section
11, section 13, section 14 or section 26 or refuses to renew the permit under
section 23 or revokes the permit under section 28, the applicant or the person
whose his permit has been revoked, as the case may be, shall have the right to
appeal, in writing, to the Appeal Committee by submitting an appeal to the
registrar within thirty days as from the date the order has known to him.
The
registrar shall send the appeal together with his reasons for refusing the granting
of the permit, permission, renewal of the permit or revocation of the permit to
the Appeal Committee within seven days as from the date of receiving the
appeal, and the Appeal Committee shall give a decision thereon within thirty
days as from the date of receiving the appeal.
The
decision of the Appeal Committee shall be final.
In
the case of appeal on refusal order of not granting renewal of the permit under
section 23, the appellant may engage in work until the decision of the Appeal
Committee has been given.
Section
47. The provisions on
administrative order and the committee having duty to conduct administrative
procedure under the law on administrative procedure shall apply to the making
of administrative order and the meeting of the Appeal Committee mutatis
mutandis.
CHAPTER
V
Supervision
Section
48. In the performance of duties
under this Act, the Director-General, the registrar and the competent official
shall have the powers as follows:
(1) to have written inquiry or summon any person
to give statement and to produce document or evidence;
(2) to enter into, for the purpose of inspection
under this Act and with warrant of the Court, any place during working hour or
the period believed to have work if there is a reasonable ground to suspect
that there is an alien working in that place illegally, except the entering
between sunrise and sunset. In this
case, they shall also have the power to make an inquiry or summon any document
or evidence from a person in charge of or relate to that place.
Section
49. The registrar and competent
official shall have identification card made in the form as specified by the Minister
by publishing in the Government Gazette.
In
the performance of duties under this Act, the registrar and the competent
official shall produce identification card to related person.
Section
50. In the performance of duties
under this Act, the Director-General, the registrar and the competent official
shall be the competent official under the Penal Code.
If
the competent official finds the alien working without having the permit which
is in violation of this Act and he orders that alien to report at the police
station together with him but that alien fails to do so or tries to escape, the
competent official shall have the power to arrest that alien without warrant of
arrest and shall take the arrested person to the office of the inquiry official
at once. In this case, the provisions of
section 81, section 81/1, section 82, section 83, section 84, section 85 and section
86 of the Criminal Procedure Code shall apply to the arrest under this section mutatis
mutandis.
In
order to assist the inquiry official in conducting an inquiry, the Minister may
appoint the competent official having knowledge and experience in conducting an
inquiry as joint-inquiry official under the Criminal Procedure Code. In this case, that competent official shall
have the powers and duties to assist the inquiry official to conduct an inquiry
the offense committed under this Act.
The
carrying out of any conduct in relation to the arrest under paragraph two and
the joint inquiry under paragraph three shall be in accordance with the rules
and procedure as the Director-General and the Commissioner-General of the Royal
Thai Police jointly determined.
CHAPTER
VI
Penalties
Section
51. An alien who engages in work
without having the permit shall be liable to imprisonment for a term of not
exceeding five years or to a fine from two thousand Baht to one hundred
thousand Baht or to both.
In
the case where the accused under paragraph one wilfully departs the Kingdom
within the period specified by the inquiry official, but not more than thirty
days, the inquiry official may settle the case and causes that alien to depart
the Kingdom.
Section
52. A holder of permit who
engages in work in violation of the conditions determined under section 9,
section 13, section 14 or section 26 shall be liable to a fine of not exceeding
twenty thousand Baht.
Section
53. A holder of permit who fails
to notify the registrar under section 22 or fails to comply with section 24 shall
be liable to a fine of not exceeding ten thousand Baht.
Section
54. Whoever fails to comply with
section 27 shall be liable to a fine of not exceeding ten thousand Baht, and he
shall be liable to a fine from ten thousand Baht to one hundred thousand Baht
per one alien if that alien has not had the permit.
Section
55. Whoever fails to comply with
the written inquiry or fails to give statement or deliver document or evidence
to the registrar or the competent official who performs duties under section 48
without reasonable ground shall be liable to a fine of not exceeding ten
thousand Baht.
Section
56. The offenses under this Act
other than the offense under section 51 may be settled by the Settlement
Committee as appointed by the Minister.
The
Settlement Committee as appointed by the Minister under paragraph one shall
consist of three members whereby one of which shall be the inquiry official
under the Criminal Procedure Code.
When
the Settlement Committee has settled the case and the accused pay the fine in
an amount as settled within thirty days, the case is deemed to be settled under
the Criminal Procedure Code.
Transitory
Provisions
Section
57. The Ministerial Regulation
prescribing the work that may be engaged by the alien under section 7 shall be
enacted within two years as from the date this Act comes into force.
While
there is no such Ministerial Regulation under section 7, the registrar may
permit the alien to engage in any work other than the works as prescribed by
the Royal Decree enacted under section 6 of the Working of Alien Act, B.E.
2521.
Section
58. An alien who holds the permit
or has been permitted to engage in work under the Working of Alien Act, B.E.
2521 as amended by the Working of Alien Act (No. 2), B.E. 2544 on the date this
Act has been published in the Government Gazette shall be deemed to have the
permit or permission to engage in work under this Act in accordance with the
conditions as specified in the permit or permission.
The
permit granted under the Announcement of the National Executive Council No.
322, dated 13th December B.E. 2515 shall be valid through the period
as specified therein and the holder of permit still engage in work as
permitted.
Section
59. All applicant and appeal
submitted under the provisions of the Working of Alien Act, B.E. 2521 as
amended by the Working of Alien Act (No. 2), B.E. 2544 prior to the date this
Act comes into force shall be deemed to be the application or appeal submitted
under this Act.
Section
60. All Royal Decree, Ministerial
Regulations, Notifications, resolutions of the Council of Ministers or orders
of the Minister or Director-General issued or made by virtue of the provisions
of the Working of Alien Act, B.E. 2521 as amended by the Working of Alien Act
(No. 2), B.E. 2544 and still be in force prior to the date this Act comes into
force shall be continued in force if they are not contrary to or inconsistent
with the provisions of this Act and they shall be deemed as if they are the
Royal Decree, Ministerial Regulations, Notifications, resolutions of the
Council of Ministers or orders of the Minister or Director-General issued or
made by virtue of this Act.
Countersigned
by:
General Surayud Chulanont
Prime Minister
Rate of Fees
|
(1)
|
The permit
|
each
|
20,000
|
Baht
|
|
(2)
|
Renewal of the permit
|
each time
|
20,000
|
Baht
|
|
(3)
|
Substitution of the permit
|
each
|
3,000
|
Baht
|
|
(4)
|
Permission to change or add category of work,
employer, working area or work place or working conditions as permitted
|
each time
|
5,000
|
Baht
|
|
(5)
|
Levy for hiring of alien other than skilled
worker or expert
|
per person
|
10,000
|
Baht
|
|
(6)
|
Submission of an application
|
each
|
1,000
|
Baht
|
In the enactment of the Ministerial
Regulation prescribing fees, the fees to be prescribed may be different with
due regard to nature of work or both nature and working area of alien.
[2]Published
in the Government Gazette, Vol. 125, Part 37 Kor, dated 22nd
February B.E. 2551 (2008).
