Last updated 18 August 2026. Provisions below were read from the Royal Gazette text, page by page.
In short
If a foreigner works in Thailand without a work permit, the penalty today is a fine of 5,000 to 50,000 baht, and once the fine is paid, removal from the Kingdom. There is no prison term for this offence.
The five-year prison term you will find on most English-language sites was real. It was repealed in 2018. Eight years later a great deal of the internet, including at least one international law firm, still publishes it as current law.
The same section also contains a settlement route that ends the case without a court, and a full exemption for people who are victims or witnesses in a human trafficking case. Most summaries leave out both.
The law that applies
The governing law is พระราชกำหนดการบริหารจัดการการทำงานของคนต่างด้าว พ.ศ. ๒๕๖๐, as amended by the second Emergency Decree of B.E. 2561 (2018).
That “as amended” is the whole story here. The 2018 decree touched almost every part of the 2017 text, including the definition of the offence and its penalty. A page that quotes only the 2017 wording is quoting law that no longer applies — and the 2017 wording is still everywhere.
This law has at least five English names
There is no single official English title in circulation, which makes it unusually hard to search for. If you have seen any of these, they are the same law:
- Royal Ordinance Concerning the Management of Employment of Foreign Workers — the translation held in the ILO’s NATLEX database.
- Royal Ordinance on the Management of Foreign Workers Employment — Thailand’s Ministry of Foreign Affairs.
- Foreigners’ Working Management Emergency Decree — Thailand’s national report to ASEAN, endorsed December 2020.
- Emergency Decree on Managing the Work of Aliens — used by several professional firms.
- Emergency Decree on Foreigners Working Management — the UK government’s trade barriers register.
We use the third form in this article, because it keeps working rather than employment and foreigners rather than workers, which is closer to the Thai. We have not seen a translation issued by the Office of the Council of State, so we are not calling any of these official.
What the offence is
A foreigner is prohibited from working without a work permit, or from working beyond what they are entitled to do, in violation of this Emergency Decree.
มาตรา ๘ ห้ามคนต่างด้าวทำงานโดยไม่มีใบอนุญาตทำงานหรือทำงานนอกเหนือจากที่มีสิทธิจะทำได้อันเป็นการฝ่าฝืนพระราชกำหนดนี้
Section 8, as substituted by the Emergency Decree (No. 2) B.E. 2561 · Royal Gazette vol. 135, part 19 Kor, p. 29 (provision at p. 31) · English rendering ours
Two behaviours, one section. Working with no permit at all, and working beyond what your permit entitles you to do, are the same offence. That matters, because it means they carry the same penalty. Several sites give a separate, lower penalty for the second — six months’ imprisonment and a fine of up to 100,000 baht is the figure that circulates. That figure does not appear in the current decree. We have not traced where it comes from and we would rather say so than guess.
The word carrying the weight in section 8 is “working”, and Thai law defines it in its own way: engaging in any occupation, whether or not there is an employer, excluding business carried on by a licensee under the law on foreign business operation. That definition was itself rewritten in 2018, and working out what it now reaches deserves its own article. That one is coming.
What the penalty is
Any foreigner who violates section 8 shall be liable to a fine of five thousand to fifty thousand baht, and once the fine has been paid, that foreigner shall be sent out of the Kingdom without delay, except for a foreigner falling under section 63 or section 63/1.
มาตรา ๑๐๑ คนต่างด้าวผู้ใดฝ่าฝืนมาตรา ๘ ต้องระวางโทษปรับตั้งแต่ห้าพันบาทถึงห้าหมื่นบาท และเมื่อได้ชำระค่าปรับแล้ว ให้ส่งคนต่างด้าวผู้นั้นกลับออกไปนอกราชอาณาจักรโดยเร็ว เว้นแต่เป็นคนต่างด้าวตามมาตรา ๖๓ หรือมาตรา ๖๓/๑
Section 101, first paragraph, as substituted by section 45 of the Emergency Decree (No. 2) B.E. 2561 · vol. 135, part 19 Kor, p. 29 (provision at p. 48) · English rendering ours
A fine, then removal. Note what the first paragraph does not say: it does not set a re-entry ban, and it does not mention imprisonment.
Section 101 does not stop there. It runs to five paragraphs, and the four that follow matter as much as the first. Almost every English summary quotes the first and stops.
If you were forced to work
The first paragraph shall not apply to a foreigner who is an injured person or a witness in a case of the offence of human trafficking under the law on the prevention and suppression of human trafficking.
ความในวรรคหนึ่งไม่ใช้บังคับแก่คนต่างด้าวซึ่งเป็นผู้เสียหายหรือพยานในคดีความผิดฐานค้ามนุษย์ตามกฎหมายว่าด้วยการป้องกันและปราบปรามการค้ามนุษย์
Section 101, second paragraph · vol. 135, part 19 Kor, p. 29 (provision at p. 48) · English rendering ours
Read what this does. It disapplies the whole of the first paragraph — not just the removal, but the fine as well. Someone who was trafficked into working illegally, or who is a witness in such a case, is not liable under section 101 at all.
This is a different and stronger protection than the exception discussed below, which lifts only the removal.
If that describes your situation, the status of victim or witness is determined under the anti-trafficking law. Say it early, say it clearly, and ask for help from Thailand’s Ministry of Social Development and Human Security, which runs the anti-trafficking response. Its hotline is 1300.
The route that ends the case without a court
Where a foreigner accused of an offence under the first paragraph consents to travel out of the Kingdom, the investigating officer shall settle the matter by compounded fine according to the criteria, methods and conditions prescribed by the joint committee, and shall notify the Department of Employment. Once that foreigner has been sent out of the Kingdom, the case shall be deemed terminated under the Criminal Procedure Code.
ในกรณีที่คนต่างด้าวซึ่งถูกกล่าวหาว่ากระทำความผิดตามวรรคหนึ่ง ยินยอมเดินทางกลับออกไปนอกราชอาณาจักร ให้พนักงานสอบสวนดำเนินการเปรียบเทียบปรับตามหลักเกณฑ์ วิธีการ และเงื่อนไขที่คณะกรรมการร่วมกำหนดแล้วแจ้งให้กรมการจัดหางานทราบ และเมื่อได้ดำเนินการให้คนต่างด้าวนั้นเดินทางกลับออกไปนอกราชอาณาจักรแล้ว ให้ถือว่าคดีเลิกกันตามประมวลกฎหมายวิธีพิจารณาความอาญา
Section 101, third paragraph · vol. 135, part 19 Kor, p. 29 (provision at p. 48) · English rendering ours
In plain terms: agreeing to leave converts the matter into an administrative settlement rather than a prosecution, and the case is then terminated under the Criminal Procedure Code. Not suspended. Terminated.
Two things we are not saying. We are not telling you what amount will be set in your case. And we are not saying this route is available on demand — the text describes what happens where the accused consents to leave, which is not the same as a right you can insist on.
Who sets the amount
The joint committee referred to in the third paragraph is made up of a representative of the Office of the Attorney-General as chair, a representative of the Royal Thai Police as a member, and a representative of the Department of Employment as member and secretary.
The fifth paragraph directs that the criteria for the compounded fine take into account the severity of the offence, whether the offence is a repeat, and the prevention of further offending — and that the criteria be published in the Royal Gazette.
That last requirement is useful to you. It means the criteria are a published document, not an internal practice. We have not retrieved them yet. When we do, this section will be rewritten with the actual figures.
The other exception, and who it is not for
The first paragraph also carves out foreigners falling under sections 63 and 63/1. We read both, because an article about a penalty that skips the exceptions is not much use.
This one is not a way out for visitors or expatriates. Section 63 covers people who have been ordered deported and permitted to work instead, or who are held pending return. Section 63/1 covers people stripped of Thai nationality, people born in Thailand who did not receive Thai nationality, people granted lawful immigrant status by ministerial notification, and people with no registration status who hold a central registry card.
These are people with no country to be sent back to. Section 63 says as much in its own words, directing that permission be considered with regard to national security, social impact and humanitarian grounds. If you hold a passport from somewhere, this is not you.
And it lifts only the removal. The fine of 5,000 to 50,000 baht still applies. That is the difference between this exception and the trafficking provision above, which lifts both.
The fine is not the end of it
Paying the fine closes the offence. It does not close the file.
Section 64/1 of the Decree sets out who may apply for a work permit at all, and it names section 101 directly.
A foreigner who is to apply for a work permit must have the qualifications and must not have the prohibited characteristics prescribed in ministerial regulation, and must not have been penalised under section 101, unless the penalty was completed not less than two years before the date of the application for a work permit, or be a foreigner under section 63 whom the registrar has permitted to work as a special case.
มาตรา ๖๔/๑ คนต่างด้าวที่จะขอรับใบอนุญาตทำงานต้องมีคุณสมบัติและไม่มีลักษณะต้องห้ามตามที่กำหนดในกฎกระทรวง และไม่เคยได้รับโทษตามมาตรา ๑๐๑ เว้นแต่ได้พ้นโทษมาแล้วไม่น้อยกว่าสองปีก่อนวันขอรับใบอนุญาตทำงาน หรือเป็นคนต่างด้าวตามมาตรา ๖๓ ที่นายทะเบียนอนุญาตให้ทำงานได้เป็นกรณีพิเศษ
So a person penalised under section 101 cannot hold a work permit for the next two years. For anyone intending to keep working in Thailand, that consequence is heavier than the fine itself.
The bar is written into the qualification to apply. It is not a separate penalty a court or an official imposes, and it does not depend on anyone deciding to apply it.
Two exceptions in the text
The first is in the sentence above — a foreigner under section 63, whom the registrar has permitted to work as a special case. Section 63 covers people subject to deportation who have been allowed to take up an occupation instead, and people who entered without permission but are allowed to reside pending removal.
The second is in paragraph three of section 64/1, which disapplies the rule to foreigners under section 63/1 — the group described above.
What we have not verified
- When the two years start. The text counts from the completion of the penalty. Where the penalty was a fine, it does not say whether that means the date the fine was paid.
- The ministerial regulation setting the qualifications and prohibited characteristics the same sentence refers to.
What changed in 2018
Section 45 of the 2018 amendment repealed sections 101, 102 and 103 of the 2017 decree and replaced them.
| Working without a permit | 2017 (repealed) | Current |
|---|---|---|
| Imprisonment | Up to 5 years | None |
| Fine | 2,000 – 100,000 baht | 5,000 – 50,000 baht |
| Consequence | — | Removal from the Kingdom after payment |
The floor of the fine went up. The ceiling came down by half. The prison term went altogether.
As of August 2026, English-language sources still publishing the repealed figures include an international law firm — which also cites the Alien Working Act B.E. 2551 as its authority, a statute repealed by the 2017 decree. One site states the five-year prison term near the top of its page and then explains, further down the same page, that the 2018 amendment removed prison terms for workers.
Read this next part carefully, because it is where we could mislead you. What we have verified is the penalty for the offence under section 8. We have not read every penalty provision in this decree. There may be other offences that do carry imprisonment — a penalty attached to the list of occupations prohibited to foreigners is one we are specifically still checking.
So do not read this as “working illegally in Thailand carries no prison risk.” Read it as “the offence of working without a permit, under section 101 as it stands today, is a fine and removal.” Those are different statements, and we are only making the second one.
The other side: any person who takes a foreigner into work
No person shall take a foreigner into work when that foreigner has no work permit, or allow a foreigner to work beyond what they are entitled to do, in violation of this Emergency Decree.
มาตรา ๙ ห้ามผู้ใดรับคนต่างด้าวทำงานโดยที่คนต่างด้าวไม่มีใบอนุญาตทำงานหรือให้คนต่างด้าวทำงานนอกเหนือจากที่มีสิทธิจะทำได้อันเป็นการฝ่าฝืนพระราชกำหนดนี้
Section 9, as substituted by the Emergency Decree (No. 2) B.E. 2561 · vol. 135, part 19 Kor, p. 29 (provision at p. 32) · English rendering ours
The Thai says ผู้ใด — any person. Not “employer”. Most English summaries render it as “employer”, and that narrows it. On the face of the text you do not need to be an employer in the labour-law sense. Letting a foreign friend help behind the counter of your shop appears to be within the wording.
Any person who takes a foreigner into work in violation of section 9 shall be liable to a fine of ten thousand to one hundred thousand baht per foreigner employed.
มาตรา ๑๐๒ ผู้ใดเป็นผู้รับคนต่างด้าวเข้าทำงานโดยฝ่าฝืนมาตรา ๙ ต้องระวางโทษปรับตั้งแต่หนึ่งหมื่นบาทถึงหนึ่งแสนบาทต่อคนต่างด้าวที่จ้างหนึ่งคน
Section 102, as substituted by section 45 of the Emergency Decree (No. 2) B.E. 2561 · vol. 135, part 19 Kor, p. 29 (provision at p. 48) · English rendering ours
Read those two provisions next to each other and you will see a seam. The offence in section 9 is committed by any person who takes a foreigner into work. The multiplier in section 102 is expressed per foreigner employed — ที่จ้าง. The conduct that triggers liability is drawn wider than the unit the fine is counted in.
We do not know how a Thai court reads that gap for someone who let a friend help without employing them, and we have not found a decision on it. We are pointing at the seam rather than smoothing it over, because smoothing it over would mean telling you something we do not know.
What is clear is the arithmetic where there is employment. The fine is counted per head. A business with ten undocumented workers is not looking at one fine.
Figures of 400,000 to 800,000 baht per worker also circulate for employers. We have not found the provision they come from. Until we do, we are not repeating them as current law.
What this article does not cover
- What “work” means in full, including the 2018 rewrite of the definition and what it changed. That is the next article.
- Who falls outside the decree entirely. The 2018 amendment rewrote and extended that list, and it now runs to eight sub-sections rather than the seven you will see quoted elsewhere.
- The list of occupations prohibited to foreigners, and any penalty attached to it.
- The published criteria for compounded fines. They are required to be published in the Royal Gazette and we have not yet retrieved them.
- How victim or witness status under the anti-trafficking law is established. That is a different statute and we have not read it.
- Whether being fined leads to a re-entry ban. Section 101 does not mention one. Bans are a matter for immigration law, which is a different statute, and we have not read it yet.
A note on translation
The English renderings above are ours. We give the Thai text alongside every provision so that anyone who reads Thai can check us. We would rather you catch an error than trust a smooth translation.
Check with the government directly
- ratchakitcha.soc.go.th — the Royal Gazette. The only place a Thai law becomes law. Everything else, including this page, is reporting about it.
- doe.go.th — Department of Employment, Ministry of Labour. The authority that issues work permits.
- immigration.go.th — Immigration Bureau, for permission to stay.
Sources
- Foreigners’ Working Management Emergency Decree, B.E. 2560 (2017) — Royal Gazette vol. 134, part 65 Kor, p. 1, published 22 June 2017. Read from the Gazette PDF rendered at 300 dpi. Source for the repealed 2017 penalty.
- Foreigners’ Working Management Emergency Decree (No. 2), B.E. 2561 (2018) — Royal Gazette vol. 135, part 19 Kor, p. 29, published 27 March 2018. Source for the current text of sections 8 (p. 31), 9 (p. 32), 63 (p. 43), 63/1 (p. 44), 64/1 (p. 45), and for section 45, which substitutes sections 101, 102 and 103 (p. 48). Section 101 was read in full, all five paragraphs.
- The five English names of the decree were collected on 12 August 2026 from the ILO NATLEX database, Thailand’s Ministry of Foreign Affairs, Thailand’s national report to ASEAN endorsed in December 2020, professional firm publications, and the UK government’s trade barriers register. We have not seen a translation issued by the Office of the Council of State.
- Examples of English-language sources still publishing the repealed 2017 penalty were collected on 12 August 2026. We describe the pattern rather than pillory individual sites; to check it yourself, search the phrase and compare what you find against the Gazette text above.
Revision history
18 August 2026 — Added the consequence under section 64/1. The earlier version described only the fine and the removal from the Kingdom, and did not mention that a person penalised under section 101 cannot obtain a work permit for two years after completing the penalty — a consequence heavier than the fine for anyone who intends to keep working in Thailand.
12 August 2026 — First published.