Engaging in illegal work

With Thailand’s rapid economic development, more and more expatriates are choosing to work or live in Thailand. However, a recent case of foreign workers illegally engaging in live internet sales has sparked widespread concern. Mr. MIN THANT and his wife, Ms. NANT THIRI MON, were identified as the employers of the illegal workers in this case. They originally applied for entry to work as car washers while his wife worked for a company. To boost their income, they began selling fashionable clothes from Watergate Market live on TikTok. They invited their newly arrived relatives, paying them 2,000 baht a month for help while his live-streaming income surpassed his regular job.

The Immigration Department searched the rental house, discovering live-streaming equipment, numerous clothes for sale, and ready-to-ship packages. The investigation uncovered large sums in the foreign workers’ accounts, while the couple remained unaware that live-streaming and selling clothes in Thailand was illegal.

Under Thai law, live-streaming sales are reserved for Thais, making it illegal for foreign workers to participate. Consequently, the Immigration Department arrested eight foreign workers, including Mr. MIN THANT, and charged them with illegal entry and working without a permit. They will be transferred to the police station for further proceedings.

Thailand offers advantageous opportunities

In recent years, Thailand has emerged as a key economic center in Southeast Asia, attracting many Chinese citizens to work, invest, and live there. Its strong tourism industry and sectors like information technology, education, healthcare, real estate, manufacturing, and services welcome international talent.

The advantages for Chinese to work in Thailand include:

1.Employment opportunities: Thailand’s economic growth and internationalization have created many job prospects for skilled professionals, especially in technology, education, healthcare, and tourism.

2.Entrepreneurship and investment: The Thai government promotes foreign investment through tax incentives and policy support, attracting Chinese entrepreneurs and investors.

3.Education and training: Thailand’s international schools and universities attract Chinese families seeking an international education or professional courses.

4.Visa policies: The Thai government offers convenient options for foreign professionals and investors, including long-term residence and Thai elite visas.

Working in Thailand can be challenging. Chinese nationals must understand Thai laws, obtain a Work Permit and suitable visa, and meet the Ministry of Labor’s conditions.

Professions prohibited to foreigners

The Thai Government created a list of occupations prohibited for foreigners to protect job opportunities for its citizens and ensure the safety of specific roles.

According to the regulations of the Thai Ministry of Labor, I summarized some of the main occupational fields prohibited for foreigners:

1. Agriculture-related activities: including traditional agricultural activities such as planting, farming, fishing, etc.

2. Thai traditional medicine and massage: e.g. Thai massage, herbal therapy, etc., which requires a deep cultural and medical background.

3.Thai Cuisine: While international restaurants in Thailand can employ foreign chefs, they restrict the direct practice of cooking traditional Thai dishes.

4.Tour guides: Officially registered tour guides must be Thai citizens.

5.Journalism and publishing: Thai journalism and publishing usually restrict key positions, such as editors and reporters, to Thai citizens.

6.In local Thai firms, accounting and auditing roles are typically reserved for Thai citizens, although international companies have some exceptions.

7.Real estate agent and sales positions in Thailand are primarily occupied by Thai citizens.

8.Human resources: Thai companies usually reserve human resource management positions, including recruitment and employee management, for Thai citizens.

9.beauty and hair styling: including beauticians, hairdressers, etc. These occupations are restricted in Thailand.

10.Construction: While senior management and technical positions may accept foreigners, Thai citizens usually fill general construction jobs.

11.Retail and wholesale trade: The local Thai market restricts certain aspects of retail and wholesale trade to foreigners.

12.Handicrafts: such as making traditional Thai handicrafts, including weaving, carving, ceramic making, etc.

These restrictions are not absolute; the Thai Government may adjust the list of occupations allowed for foreigners based on national policies and economic needs. Additionally, under special circumstances, such as introducing foreign professionals or investments, exceptions may be granted.

Foreigners wanting to work in Thailand must be aware of the latest policies on obtaining work permits and visas. It’s advisable to consult a compliance professional for current information and guidance to ensure legal compliance for living and working in Thailand.