The Alien Occupation Act. B.E.2521, section 4 provides for the exemption of a work permit for the persons performing duties in Thailand as described below:

1. Members of the diplomatic corps
2. Members of consular missions
3. Representatives of member countries and officials of United Nations Organization agencies
4. Personal servants who come from abroad to work exclusively for persons listed under item 1, 2 or 3 above.
5. Person who performs duties on missions in Thailand under an agreement between the government of Thailand and a foreign government or international organization.
6. Persons entering Thailand for the performance of any duties or missions for the benefit of education, culture, arts, sports or other activities that may be prescribed by Royal Decree.
7. Persons who are specially permitted by the Government of Thailand to enter and perform duties or mission in Thailand.

In addition, foreigners who work temporarily in Thailand for a period of time not exceeding 15 days for the purpose of doing work of an urgent and essential nature, are permitted to perform such work only after being accepted by the Director General or a designee (Section 7)

2 Processes of applying for a work permit;

1. The Employer of the foreigner can apply a for work permit on behalf of his future employee in accordance with the "Alien Occupation Act. B.E.2522 ( section 8 )." The work permit will be granted only after the foreigner concerned has entered Thailand in accordance with all Immigration laws and has presented himself in person to the immigration office to obtain the work permit.
   
2. The foreigner himself can apply for a work permit, before or after entering Thailand. If the foreigner is not in Thailand, he or she should first receive a letter from his prospective employer stating the reasons for needing a foreign worker. Once this letter has been obtained it should then be taken to any Royal Thai Embassy or Royal Thai Consulate in the foreigner's home country. The consulate or embassy will then approve or reject the need for a foreign employee and, If approved, a non-immigrant business visa will then be issued.

If a foreigner is already in Thailand, he or she should follow these steps;

1. Apply for work permit within 30 days from the date of entering Thailand. Failure to do this may result in a Penalty (section 10)
2. Apply for a work permit under the Law of Promotion of Investment or other laws if such permission has been granted by the BOI.

The Department of Employment establishes criteria for the approval of a work permit which can be summarized as follows:

1. The Job or profession must not be prohibited by the Royal Degree, 39. Occupations such as industry labor, some manual work, accounting supervision, dressmaking, some types of architectural work, civil engineering and law.
2. Whether the job can be done by Thai national.
3. The amount of invested capital.
4. Whether the transference of technical knowledge is of benefit to Thai nationals.
5. Whether the salary paid to foreigner is at a high rate, in which case it is more likely a work permit will be granted.
6. Other special circumstances.
7. Other considerations pertinent to a work permit.

Responsibilities of the foreigner after obtaining a work permit:

1. a. The licensee must carry the work permit with him or her or keep it in the office during working hours to show to government officials at any time.( Section 18 ) Penalty.
2. The licensee must perform only the work described in the work permit, and must work only in the workplace and locality described in the work permit. (Section 21) Penalty.
3. The licensee whose work permit is extended according to BOI Act must notify the registrar within 30 days from the date of extension.(Section 14) Penalty.
4. The licensee who plans to continue working must apply for a renewal of the work permit before the expiration date. Once the work permit has expired the process must be started all over again.(Section 15)
5. If a work permit is damaged or lost, the licensee must apply for a substitute within 15 days from the date he or she finds out about the damage or disappearance of the work permit.(Section 19) Penalty.
6. Once the contract has been terminated, the licensee must notify the Department of Employment, and return the work permit within 7 days from the date of termination.( Section 20) Penalty. The employer must notify the Department of Employment within 15 days from the date of termination.( Section 23)Penalty.

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