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Migrant Worker Employment Processes Explained

The Ministry of Labour's Inspector-General and spokesperson Mr. Ananchai Uthaipatanacheep, gave a press briefing on 'migrant worker employment during the grace period'. He said that on 6 July 2017, Labour Minister General Sirichai Distakul had issued a ministerial announcement on criteria, methods and conditions for permitting employment in accordance with the Foreign Worker Management Act B.E. 2560, which will allow employers will illegal workers from Myanmar, Laos and Cambodia to conduct the following:

1) Migrant workers who have passed the citizenship verification process and have received their passport, temporary passport, travel document or certificate of identity with a Non-Immigrant L-A visa, but have not applied for employment within 15 days from obtaining the visa, must apply for employment at the provincial employment office of Bangkok Employment Office Area 1-10, in the area of current employment. The application fee is 100 Baht and the visa fee is 900 Baht.

2) Migrant workers who have passed the citizenship verification process and have been graced to remain in the kingdom temporarily before leaving the kingdom (pink card), who have been permitted employment but are working with a different employer than as stated, must apply for employment at the provincial employment office of Bangkok Employment Office Area 1-10, in the area of current employment. The application fee is 100 Baht and the visa fee is 900 Baht per year. Workers will be exempt from paying medical examination fees.

3) Employers with migrant workers without permits must apply for employment. The Ministry of Labour will establish 10 centers for reporting migrant worker employment in Bangkok and 1 in each province from 24 July to 7 August 2017, during government working hours and days. Employers can apply on their own or assigned a representative which will require an identification card or certificate proving registration of juristic person and 2 pictures of the migrant workers in either 1.5 or 2 inch sizes. The receipt and schedule will be issued to the employer for another meeting with the migrant worker at a later date, whereby further investigations will take place before a certificate of travel is issued for the migrant worker to leave the kingdom. The migrant worker will be able to apply for a passport, temporary passport, travel document or certificate of identity, or other documents issued by the origin country. Burmese workers can collect their documents at the 2 Burmese citizenship verification centers in Samut Sakhon, Samut Prakarn, Ranong, Tak and Chaing Rai, without travelling back to Myanmar. Upon receiving the documents, the migrant workers will then need to obtain a visa at the provincial immigration offices, whereby paying a 500 Baht fee for the Non-Immigrant L-A visa which will allow employment until 31 March 2018. Employers must accompany their worker during the application process at the provincial employment offices, Bangkok Employment Office Area 1-10, at the location of employment. The application fee is 100 Baht and the work permit fee is 450 Baht per year. This will allow health and physical examinations during the time that the worker is not in the social security system.

Employers intending to employ migrant workers or more migrant workers from the original quota legally, can submit an employment request according to the MOU process at all provincial employment offices and the Bangkok Employment Office Area 1-10. The Labour Minister has emphasized the penalties and criminal case proceedings if officers are found in violation or acceptance of unsolicited gifts, concluded Mr. Ananchai.

Source: Ministry of Labour

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