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Post Info TOPIC: Working in Thailand - what is the minimum definition?


Senior Member

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Working in Thailand - what is the minimum definition?
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copied from another forum

If I was writing a monthly column for Big Chili magazine and raking in say, 1,600 baht per month - (beer money) then would I be breaking the law? I'm sure a freelance employee worth that monthly amount would not be worth the hassle of putting through the legal process and I would completely understand.

If somebody I know gave me some money because I translated some French documents into English, should I refuse on the basis that it is tantamount to working and only the rich and powerful are allowed to make and break the law whilst we who wish to simply survive are not allowed to?

If I was based in Bangkok on a tourist visa and somebody heard I was great photographer and flew me to Sri Lanka to take some pictures and paid me in Thai baht when I delivered them, is this illegal? Perhaps I should do it for free if not.

You may say that I should not be living in Thailand if I am not 'officially' working, but I have a Thai girlfriend and neither of us with to get married. I have the rare luxury of having a Thai girlfriend who's mother is dead, so this isn't an issue and we can live our lives in the harmless and peaceful way that WE want to, and not bullied into conformity by society. Her living in England is not an option for reasons that are to lengthy to go into, but the crux of this message is the first three paragraphs.



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Veteran Member

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Half of the work done by foreigners in Thailand is without proper documentation, visas, work permits. If I use the internet to make business abroad from Thailand, I am considered working. Many Government schools hire foreigners thru an agency, they will not hire you individually, no work permit is issued, you run the risk of an immigration visit, but rarely would that happen, It was explained to me how it works.

The school director has a budget, he pays the agency and inflated amount, documented, then the agency slips him some of the money back, the agency pays you less than they receive, and all are allowed to stay in business. The agency guaranteed me work teaching, they drove me to the school so I would know where it was, no WP will be issued. Since then (they have told a number of foreign employees that the WP is in the process) none have ever received one. So school director is breaking the law, agency is breaking the law and I would be also if I took the job. When I applied to the school directly, by passing the agency, I was told they could not hire me. How do they get away with it you may ask?



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Jingjoe

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Yes, it would be working. in some cases even when you would not get paid at all.
http://thailaws.com/...ws/tlaw0366.pdf
section 5 gives the definition of working, which includes volunteering.

 

 

 

The key words under the Labor Law which define work are 'making effort' 'showing expertise' 'with or without benefit'. Obviously people do not usually work without reward but the Law prosecutes the individual even if he does not receive remuneration because it suspects that a) he is being paid offshore and his employee may well be based offshore.

'Making effort' is very key. You might think that when you play golf that you 'make effort' 'show expertise' for 'no benefit'. However what the Law looks for is evidence that you have duties, responsibilities or potential liabilities that 'forces you' to 'make an effort' in order to meet your 'obligations'. So the op is in trouble here under the Law because (1) he is paid for his monthly column implying 'work' and (2) he has an obligation to supply a monthly column. If he simply sent in occasional articles for no reward which the paper were free to print or not print at their own discretion, it would not be deemed as work

 



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