The Foreigners’ Working Management Emergency Decree Number 2, B.E. 2561 was issued in March 2018 and meant to clarify and simplify certain work permit practices and regulations. The intention was to make it easier and more attractive for foreigners to work in Thailand; unfortunately, the new Decree has created problems for the very foreigners supposed to gain advantages from the changes in the regulations.
The new Foreigners’ Working Management Decree Number 2, B.E. 2561 significantly alters the previous Decree (Foreigners’ Working Management Emergency Decree B.E. 2560) by adding to Section 4 of the previous decree, “(8) representative of foreign juristic persons obtaining a license to operate business under the Foreign Business Operation Law.” According to the current interpretation of the Employment Department, Ministry of Labour, persons who are a representative of a foreign juristic person that has received a Foreign Business Operation License according to Foreign Business Act are entitled to a special exemption. In this case, a foreigner who is registered as a responsible person for the following entities with the Ministry of Commerce shall be exempted from obtaining a work permit provided that the following have received a Foreign Business Operation License: 1) Branch Office, 2) Representative Office, 3) Regional Office, and 4) Company Limited.
Any of these Managers and Directors can work anywhere in the country as long as it is under their role as a Manager of a Branch, Representative, or Regional office or a Director of a Company Limited.
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