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This section compiles frequently asked questions about services and procedures for importing foreign workers, along with important details that employers and workers should know. If you have any further inquiries, you can easily find answers here for quick and convenient access.

Differences Between Myanmar Red and Green Passports

For Myanmar nationals seeking employment in Thailand, having the correct legal documentation is crucial for both work and daily life. Myanmar passports are classified into two main types: the Red Passport (PJ) and the Green Book (CI). These documents serve different purposes and have distinct legal scopes of use.

Red Passport (PJ – Passport for Jobs)

The Red Passport (PJ) is a travel document issued specifically for Myanmar nationals who wish to work abroad. It is granted under the Memorandum of Understanding (MOU) framework between the Myanmar government and the destination country.

  • Holders of this passport are legally authorised to work in Thailand under the conditions outlined by Thai labour laws.
  • The validity of the Red Passport aligns with the permitted duration of employment in the host country.

Green Book (CI – Certificate of Identity)

The Green Book (CI), or Certificate of Identity (CI), is an identity document issued by the Department of Provincial Administration under the Ministry of Interior of Thailand.

  • Its primary purpose is to verify the identity of Myanmar nationals residing in Thailand.
  • CI holders are permitted to travel and conduct legal transactions within Thailand.

 

This document only allows travel between Thailand and Myanmar – it cannot be used for travel to other countries.

Summary of Differences

Document : Red Passport (PJ)
Purpose : Issued for workers entering Thailand under the MOU agreement, allowing them to work legally.
Issued By : Myanmar Government
Usage Scope : Travel and work in Thailand under the MOU framework.

 

Document : Green Book (CI)
Purpose : Issued under a Cabinet Resolution, serving as an identity document for Myanmar nationals.
Issued By : Thai Ministry of Interior
Usage Scope : Travel and legal transactions only within Thailand and Myanmar. Not valid for travel to other countries.

 

If you are a Myanmar worker or an employer seeking further guidance on these documents, please contact us for additional assistance.

Procedure for Recruiting Migrant Workers under the MOU System

The recruitment of migrant workers under the Memorandum of Understanding (MOU) system between Thailand and origin countries such as Myanmar, Laos, and Cambodia must follow legally prescribed steps to ensure compliance with labour laws and the protection of workers’ rights. The process includes the following steps:

Submission of a Demand Letter : Employers must submit a request for migrant worker recruitment at the Provincial Employment Office or the Bangkok Employment Office, depending on their business location, to obtain a quota for migrant workers.

Preparation of a Name List : Once the request is approved, employers must coordinate with the relevant authorities in the origin country to select qualified workers and compile a list of worker names.

Submission of the Name List and Work Permit Fee Payment : Employers must submit the name list and pay the two-year work permit fee at the Provincial Employment Office.

Work Visa (Non-Immigrant L-A) Application : Workers must apply for a work visa at the Royal Thai Embassy in their home country or at designated immigration checkpoints.

Training and Issuance of Work Permit : Upon arrival in Thailand, workers must undergo mandatory training at the Department of Employment’s Reception Centre and will receive an electronic work permit (E-Work Permit).

Residence Notification : Employers are legally required to report the worker’s residence to the Immigration Bureau within 15 days of the worker’s arrival in Thailand.

Documents Required for Recruiting Migrant Workers Under the MOU System

The recruitment of migrant workers under the Memorandum of Understanding (MOU) between Thailand and sending countries such as Myanmar, Laos, and Cambodia requires the preparation of essential documents to ensure the process is smooth and fully compliant with legal regulations. The required documents are as follows :

Documents to be Prepared by the Employer

 

For Individual Employers

  • Copy of the national ID card
  • Copy of the house registration document
  • Map of the residence

 

For Legal Entities (Companies)

  • Copy of the company’s certificate of registration (issued within the last three months)
  • Copy of the national ID card of the authorised signatory
  • Copy of the house registration document of the authorised signatory

 

If the Employer is Not the Property Owner:

  • Copy of the national ID card of the property owner
  • Copy of the house registration document of the property owner
  • Written consent for using the property for employment purposes

Additional Documents Based on Business Type

 

Construction Industry

  • Copy of the construction contract (at least two years old)
  • Copy of the house registration document or land deed for the construction site
  • Copy of the national ID card and house registration document of the contracting party (employer)
  • Map of the construction site

 

Retail, Food Services, and Agriculture

  • Lease agreement or business registration document
  • Copy of the land deed (for agricultural businesses)

 

Documents to be Prepared by the Migrant Workers

  • Passport-sized photographs (1.5 or 2 inches) – six pictures (white background)
  • Copy of the passport
  • Copy of the current visa (if applicable)

 

** All documents should be fully prepared and submitted to ensure a smooth and legally compliant recruitment process under the MOU system.

Penalties for Migrant Workers Without a Work Permit and Employer Liability

According to the Royal Decree on the Management of Migrant Workers’ Employment B.E. 2560 (2017) and its Amendment B.E. 2561 (2018), penalties have been established for both migrant workers and employers involved in unauthorised employment.

Penalties for Migrant Workers Working Without a Work Permit

  • A fine ranging from 5,000 THB to 50,000 THB
  • Immediate deportation to their home country
  • Repeat offenders may be banned from re-entering Thailand for up to two years

 

Penalties for Employers Hiring Migrant Workers Without a Work Permit

  • A fine ranging from 10,000 THB to 100,000 THB per unauthorised worker
  • Repeat violations result in a fine between 50,000 THB and 200,000 THB per worker
  • A ban on employing migrant workers for three years

Penalties for Assigning Migrant Workers to Unauthorised Job Roles

  • Employers: A fine of up to 50,000 THB
  • Migrant workers: A fine of up to 50,000 THB and immediate deportation

 

Additional Legal Considerations

  • Employers must prepare a legally compliant employment contract and register migrant workers with the Department of Employment within 15 days of hiring.
  • Employers can verify work permit status through the e-Work Permit system of the Department of Employment.
  • Compliance with these regulations helps reduce legal risks and ensures that migrant workers receive full labour rights under Thai law.

Managing Migrant Workers: Transportation, Accommodation, Social Security, and Taxpayer ID Registration

Employers hiring migrant workers in Thailand must ensure compliance with labour laws to provide fair welfare benefits and avoid legal risks. Below are the key responsibilities

 

Provision of Welfare for Migrant Workers

1. Transport Service

  • Provide transportation between accommodation and the workplace if the business is located in an area without public transport.
  • Ensure that transport vehicles have insurance and pass safety inspections.
  • If transportation costs apply, the employer must inform workers in writing in advance.

2. Accommodation (if provided)

  • The accommodation must meet safety and hygiene standardIf rent is charged, a written lease agreement must be provided.
  • Provide adequate water, electricity, and restroom facilities
  • Report the accommodation of migrant workers (Form TM.30) to the Immigration Office within 24 hours after the worker moves in.

Social Security Registration
Under Section 33 of the Social Security Act, B.E. 2533, migrant workers employed in Thailand under the MOU system must register for social security within 30 days of starting employment.

Registration Process and Required Documents

 

Submission of Documents

  • Submit to the Social Security Office in the area where the business is located.
  • The employer must contribute monthly (5% of salary) and report the worker’s employment status (both hiring and termination).

 

Benefits from Social Security

  • Medical expenses
  • Compensation in case of accidents or disability
  • Pension for old age
  • Maternity leave and child welfare benefits

 

Request for Taxpayer Identification Number (TIN) for Migrant Workers
Why is a TIN Required?

  • Migrant workers must pay income tax according to Thai law.
  • A TIN allows them to apply for tax refunds if any withholding tax was deducted.

 

Steps for Requesting a TIN and Required Documents:

  • Copy of passport
  • Copy of work permit
  • TIN application form (Form Phor.Phor.10.3)
  • Employment certification letter from the employer

Submission of Documents:

  • Submit to the local Revenue Department office where the migrant worker is employed.
  • The worker will receive a Taxpayer Identification Card (TIN Card) for annual tax filing.

 

Income Tax Filing : Migrant workers with income must submit Form Phor Ngor Dor 91 annually by 31st March.

 

Employer’s Responsibilities

  • Provide welfare benefits as required by law, such as transportation, housing, and necessary provisions.
  • Register the migrant worker in the social security system within 30 days.
  • Apply for a TIN for the worker to ensure correct tax compliance.
  • Report the migrant worker’s residence to the Immigration Office (Form TM.30) (download the form).

Steps for Employers When a Migrant Worker Fails to Complete a Two-Year Contract

If a migrant worker terminates employment before completing the contract, the employer must follow legal procedures to minimise risks and prevent future complications. The required steps are as follows:

1. Notify the Department of Employment (DOE) of Employment Termination

  • Submit notification within 15 days after employment ends.
  • File Form Jor Jor 1 (จจ.1) or submit the notification via the e-Work Permit system.

 

Required Documents:

1. Copy of the employer’s ID card
2. Copy of the company’s business registration certificate (if applicable)
3. Copy of the worker’s Work Permit
4. Resignation letter or termination notice (if available)

2. Report Worker’s Departure from Accommodation to the Immigration Bureau (IB)

  • Must be reported within 24 hours after the worker vacates the residence using Form TM.30
  • Submit the notification at the local Immigration Office or via the Immigration Bureau’s online system.

3. Return the Work Permit to the DOE

  • The employer must collect the worker’s Work Permit and return it to the Provincial or Bangkok Employment Office that issued the permit.

4. Notify the Social Security Office (SSO) of Employment Termination

  • The employer must submit Form SSO 6-09 (สปส.6-09) to terminate the worker’s social security registration within 15 days.
  • The worker’s social security benefits will remain valid for up to six months, covering medical expenses and child support benefits.

5. Repatriation of the Worker (If Contract Ends Early Under MOU)

  • The employer is responsible for covering repatriation costs as per the MOU agreement.
  • If the worker fails to return, the employer must inform the Immigration Bureau (IB) for further legal action.

6. Issuing an Employment & Contract Termination Certificate

  • Provide a Certificate of Employment for the worker as a future reference.
  • If disputes arise, compensation should be determined according to Thai labour law (if applicable).

Precautions

  • If the employer fails to notify the termination of employment and the worker absconds, the employer may be fined up to 100,000 Baht under the Alien Employment Management Act B.E. 2560.
  • If the worker overstays their visa without notifying the Immigration Bureau (IB), the employer may be penalised under the Immigration Act B.E. 2522.

 

**Summary of Employer’s Responsibilities When a Migrant Worker Leaves Before Completing the Contract**

  • Notify the termination of employment (Form Jor Jor 1) within 15 days.
  • Report the worker’s departure from accommodation (Form TM.30) within 24 hours.
  • Return the Work Permit to the Department of Employment.
  • Notify the Social Security Office (Form SSO 6-09) within 15 days.
  • Cover the cost of the worker’s repatriation (if applicable) under the MOU system.
  • Issue a Certificate of Employment Termination for the worker.

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