Restricted Jobs for Foreigners

While Thailand welcomes foreign workers, the government has regulations in place to protect its domestic workforce. These include restrictions on certain job types for foreigners. This article explores the types of jobs foreigners are restricted from in Thailand, helping you understand what opportunities are and are not available.

Thailand’s legal labour framework

A foreigner in Thailand cannot work in restricted occupations or work without a valid work permit. Employers in Thailand must also not hire foreigners to work for restricted occupations or foreigners who do not have a work permit.

The legal framework governing foreign employment in Thailand primarily revolves around the Foreign Business Act (FBA) and the Alien Employment Act. The FBA categorizes business activities into four lists: List 1 comprises activities restricted to Thai nationals only, List 2 activities are allowed with certain conditions, List 3 activities are open to foreign investment but subject to notification requirements, and List 4 mentions the exceptions under treaties.

List 1: Strictly prohibited jobs

Occupations that are strictly forbidden for foreigners include:

1. Wood carving
2. Driving motor vehicles, driving a non-mechanically propelled carrier or driving a domestic mechanically propelled carrier, except for piloting international aircraft or forklift driving
3. Auction
4. Cutting or polishing diamonds or precious stones
5. Haircutting, hairdressing or beauty treatment
6. Cloth weaving by hand
7. Mat weaving or utensil making from reeds, rattan, hemp, straw, bamboo, bamboo pellicle, grass, chicken feather, coconut leaf stick, fibre, wire or other materials
8. Mulberry paper making by hand
9. Lacquerware making
10. Making Thai musical instruments
11. Nielloware making
12. Gold ornaments, silverware or pink gold making
13. Bronze ware making
14. Thai dolls making
15. Alms bowl making
16. Silk products making by hand
17. Buddha images making
18. Paper or cloth umbrella making
19. Brokerage or agency work, except brokerage or agency working in international trade or investment
20. Thai massage
21. Cigarette rolling by hand
22. Tour guide or sightseeing tour operation
23. Peddling
24. Manual typesetting of Thai characters
25. Silk reeling and twisting by hand
26. Clerical or secretarial work
27. Legal services or services in legal proceedings, except for the following occupations:
    1. Performing duties of arbitration
    2. Providing assistance or representation in the arbitral proceedings if the law applicable to the dispute is considered by the arbitrators, not Thai law.

List 2: Prohibited jobs with exceptions

Prohibited occupations for foreigners with the condition that foreigners are allowed to work under international agreements or obligations to which Thailand is bound under the provisions of laws are:

1. Controlling, auditing, performing or providing accounting services, except:
   1. Occasional internal audit work.
   2. Work under international agreements or obligations to which Thailand is bound, which the Professional Association provides a certificate.
2. Civil engineering concerning counselling, project planning, design and calculation, construction supervision or manufacturing, inspection, and administration work to organise the system, research and test, except those registered under the ASEAN Mutual Recognition Arrangement (MRA) and other international agreements.
3. Professional architectural work concerning project study, design, construction management and supervision, inspection or consulting, except for professional architects under the ASEAN MRA for architectural services and other international agreements.

List 3: Exceptions for skilled or semi-skilled workers

Prohibited occupations for foreigners, with the exception that foreign workers are allowed to do skilled or semi-skilled work when working for an employer, include:

1. Agriculture, animal husbandry, forestry or fishery
2. Bricklaying, carpentry or construction works
3. Mattress or quilt blanket-making
4. Knifemaking
5. Shoemaking
6. Hat making
7. Dressmaking
8. Pottery or ceramic ware making

List 4: Exceptions under treaties

Prohibited occupations which foreign workers are permitted to perform under the condition of having employers and permitted to enter Thailand by Immigration Law under MoUs or agreements between the Thai government and the foreign government are:

1. Labour (manual work and simple work which requires physical strength)
2. Shop front sellers (selling goods at a wholesale or retail establishment as well as selling goods at stalls or shops located in markets or roadsides)

Conclusion

While there are limitations in place to protect Thai nationals, numerous sectors are still open to foreign professionals with the proper qualifications and work permits. If you are unsure about the eligibility of a specific job role, it is advisable to consult with a Thai immigration lawyer or the Thai Ministry of Labour.