Thailand work permit requirements 2025: the practical guide for foreign-owned SMEs

gentlelawlawfirm
2 days ago
4 min read

Introduction

Hiring even a single foreign employee in Thailand triggers clear legal steps. The Decree on the Management of Foreign Workers governs the definition of work, the obligation to hold a work permit unless exempt, and employer reporting duties. This guide distills Thailand work permit requirements 2025 into a simple pathway you can follow, with citations to the official law and government portals.

The legal foundation you must know

Working without a permit is prohibited unless an exemption applies. The Decree defines work broadly and requires a permit to perform work in Thailand. Employers cannot accept a foreign worker to work without a valid permit. Penalties apply to both worker and employer.
Employer reporting duty: Employers must notify the Registrar of the foreign worker’s name, nationality, and type of work within 15 days of employment and within 15 days after employment ends.
Urgent or necessary work (WP-10): A foreigner entering to perform necessary or urgent ad-hoc work may work for up to 15 days by filing a prior notification, and may request one extension of up to 15 more days before the first period ends.
Penalties you should budget for if things go wrong: Workers who violate the permit rule face fines, and employers hiring without a permit face fines per worker, higher penalties for repeat offenses, and a 3-year hiring ban after a final judgment.

Thailand work permit requirements 2025 checklist

Use this as your controller’s one-page workflow for standard hires not under special programs.

Confirm the role is not prohibited Check the official Ministry of Labour list of occupations reserved for Thai nationals. The current list is published by the Department of Employment.
Secure the correct visa and pre-approval (WP.3) if applying from abroad Most first-time hires apply for a Non-Immigrant B visa with a WP.3 approval letter issued by the Department of Employment. Thai embassies and the Ministry of Foreign Affairs specify WP.3 as required for many Non-B filings.
Submit the work permit application after entry or in country Apply with the Department of Employment using the appropriate form (commonly WP.1 for in-country applicants), in line with ministerial rules and electronic submission options recognized in the Decree.
If the assignment is truly urgent and brief Consider the WP-10 urgent or necessary work route for up to 15 days, with one possible extension of up to 15 days if requested before the first period ends. Keep the Director-General’s prescription of qualifying urgent work on file.
Maintain records and report changes The permitted worker must be able to show the work permit upon request, and changes of employer must be reported. Employers must also make the 15-day notifications for start and end of employment.

SMART and LTR programs and how they interact with work permits

SMART Visa: SMART holders are exempt from the work permit requirement for endorsed activities. This is clearly stated on the official SMART Visa portal. Always check the endorsed scope before work begins.
LTR Visa: LTR holders who will work in Thailand must obtain a digital work permit after visa issuance. The BOI LTR site explains the process and fees, and notes standard processing timelines.

For SMEs comparing tracks: use SMART only if your profile qualifies under the program’s current scope and privileges. Otherwise follow the standard Thailand work permit requirements 2025 or evaluate LTR with digital work permit where appropriate.

Prohibited occupations overview

Thailand maintains a list of occupations that foreign nationals cannot perform, published by the Ministry of Labour. Review the official list before drafting job descriptions or contracts to avoid a blocked filing. If a role touches any listed occupation, restructure responsibilities or hire local talent for those tasks.

Document flow for a typical SME hire

Before entry

Company registration docs and shareholder list
Job description matched to non-prohibited work
WP.3 pre-approval for Non-B where required by MFA or the consulate handling the case

After entry

Work permit application package with company support and employee credentials, filed with the Department of Employment per the Decree. Electronic submission is recognized for out-of-country filings under Section 60.

Urgent visits

File the WP-10 notification before the work starts. Request an extension before the first 15-day period ends if the work cannot be completed. Keep proof on site.

Penalties and audit posture

For workers: fine for working without a permit. Removal can follow.
For employers: fine per unpermitted worker, higher penalties for repeat offenses, possible jail for repeaters, and a 3-year ban on hiring foreign workers after a final judgment. These are set by statute and enforced by competent officials.

GENTLE LAW IBL builds files to demonstrate compliance, including job scoping notes, prohibited-occupation checks, WP.3 evidence, permit receipts, and the 15-day employer notifications.

Frequently asked questions

What counts as work in Thailand Work covers using physical strength or knowledge to perform an occupation with or without wages, except certain ministerially prescribed cases. This wide definition means even short demonstrations or internal trainings can be considered work.

Can I skip the work permit if the employee is here for only a week Not for actual work. Use the urgent or necessary work route with a WP-10 notification for up to 15 days, extendable once for up to 15 days, if the activity qualifies under the Director-General’s prescription.

Do SMART holders need a work permit SMART holders are exempt for the endorsed work scope. Verify privileges on the official site and keep the endorsement with your records.

Do LTR holders need a work permit Yes. LTR holders must apply for the digital work permit via the LTR system after visa issuance and before starting work with a Thai entity.

How GENTLE LAW IBL executes and de-risks your case

Legal scoping: We map the role to the Decree, confirm it is outside the prohibited list, and document the work location and employer details required by the permit.
Visa and permit sequencing: We plan the WP.3 and Non-B route or evaluate SMART or LTR with digital work permit, matching timelines and stakeholder travel.
Paper trail: We prepare the employer notifications, urgent work filings if needed, and maintain the audit pack for inspections and renewals.

Call to action

If you are planning a new hire or short assignment and want to meet Thailand work permit requirements 2025 without delays or penalties, speak with GENTLE LAW IBL. We design the permit path, prepare the filings, and build the audit-ready pack for inspections.

Book a consultation: https://www.gentlelawibl.com