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Unanswered8 years ago

Can I work online from Thailand on a tourist or retirement visa?

Anthony *************
asked Jul 30, 2018
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What is work?

If you are visiting Thailand on a business visa or as a tourist pr Retirement visa can you still log on line and work from Thailand (clients and income based outside of Thailand) Can you continue to manage your investment portfolio is is this considered work? To me the definition of work is deriving your income from activities or being in paid employment in Thailand.

Technology and the internet allows you the opportunity to work online whilst traveling. You might run a consultancy business, Provide services online or even an online shop. Many people remain in contact with their office back home, respond to emails or manage their affairs/investments. Is this work?
Summary so far
The post raises questions about the legality of working online while on a business, tourist, or retirement visa in Thailand. It highlights different interpretations of what constitutes 'work,' particularly when managing investments or running an online business. Responses suggest consulting with the Ministry of Labor for clarity, as definitions of work can vary and recent regulations have been established regarding work permit exemptions.
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Robert *******
Robert *******
This page is for Visa Advise. The only one who can answer all your possibilities of is this working or not is the Ministry of Labor in your area. Pay them a visit with all these scenario's and just ask the question.
Anthony *************
Anthony *************
OP
Is a person, who is on a retirement visa. allowed to earn income whilst in Thailand? If they have a subscriber base of 55,000 subscribers and build up a loyalty brand business promoting services and products of the groups sponsors based in Thailand.A s part of their strategy and activities they produce membership promotional material -T-Shirts etc. Cost of the t-Shirt is paid for by the sponsors who have their brand logo printed in them. The T-Shrts costs less than 250THB, they sell for 400-500THB and generate an income of approximately 80,000 THB a month. There are some costs in distribution, give aways and other promotional activities, Donations to charity etc. Is this considered work and is it permitted under the terms and conditions of a retirement visa? Could they be subject to an audit? One way around it is to claim that a Thai national run the business I guess. What if they claim that all the money raised is donated to charity? Does that mitigate their liability for non compliance? I would think that if your raising funds for charity it is still work. No all the money goes to charity.
Dave **********
Dave **********
The Royal Decree on Managing the Work of Foreigners (No. 2) B.E. 2561 (2018) came into effect on March 28, 2018, and is the third significant reform to Thailand’s law on work permits in the past three years. The new amendments are aimed at addressing the concerns of foreign workers over penalties related to work permit requirements imposed by the Royal Decree (No. 1) B.E. 2560 (2017) earlier in 2017. The key changes introduced by the amendments are detailed below.

Definition of work. The definition of work has been reworded, and now reads: “To perform any professional work, regardless of whether or not there is an employer, but excluding the conduct of business of foreign business license holders according to the Foreign Business Act.”

Additional work permit exemptions. The amendment provides for work permit exemptions in certain cases, as follows:

Foreigners who occasionally enter Thailand to organize or attend a conference; to discuss, speak, or present at a conference, training, workshop, or seminar; to perform art and cultural activities; or to participate in sports or any activities to be prescribed by the Cabinet.

Foreigners who enter Thailand for the purpose of establishing a business or investment, or who possess knowledge and a high level of skill, which will be beneficial to Thailand’s development, as prescribed by the Cabinet.

And for those who have a valid work permit already:

Furthermore, Section 28 of Decree No. 2 provides that a work permit holder may engage in any work that is not specifically prohibited to all foreigners on the “Official List” of work prohibited to foreigners.

The Official List outlines, the limited number of activities for which a foreigner cannot obtain work permission for in any case. (The current Official List is the same as was last issued under the Act.

As a consequence, any foreigner who has a work permit in Thailand may now, work anywhere, for anyone (including themselves), under any conditions, and do any type of work, that is not excluded by the Official List.

The Royal Decree on Managing the Work of Foreigners (No. 2) B.E. 2561 (2018)
Tony ********
Tony ********
Work is defined by local immigration!
Robert *******
Robert *******
Immigration does everything what has to do with Visa, Extension of Stay, re-entry permits etc to let you stay inside Thailand. Work is defined by the Ministry of Labor.
Robert *******
Robert *******
It is very difficult to give a good definition of what is work. If you're enjoying your holiday and you're business partner calls you with a problem in the webshop (or any business) is this work? I would say no, but if you live in Thailand and run the webshop (or any online business) I would say yes.
Tod *********
Tod *********
Unfortunately this topic has been bandied about the internet incessantly.

What you or I think constitutes work may vary greatly from what the powers-that-be think constitute work

There was a meeting by the Department of Labor and immigration officers up in Chiang Mai and they basically said they are not going after people who work online and get their wage paid in another country.

Keep in mind that's only up in Chiang Mai but I would imagine people who are here legally, and work on the interweb are pretty far down on the list of people the powers-that-be are going after
Robert ********
Robert ********
That are "here legally" being the operative term.....
Robert *******
Robert *******
The new definition of work, according the changes of 27 March 2018: The definition of “work” has been revised to "performing any profession, whether or not there is an employer, excluding business operations of a foreign business license's holder under the Foreign Business Act"

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