The Relief Measures of the Implementation of the Cabinet Resolution on 20 March 2020

Unofficial translation

The Relief Measures of the Implementation of the Cabinet Resolution on 20 March 2020

The Thai cabinet has approved the proposal of the Ministry of Labor in relieving the employment management of migrant workers 2019 – 2020, effective from 1 April 2020 to 30 June 2020,in order  to allow migrant workers from Cambodia, Laos, and Myanmar in accordance with the Cabinet Resolution on 20 August 2019, whose employers or persons granted permission for importing foreigners for work have already submitted the name list for the employment requirement for the migrant workers with officials of the Ministry of Labor or submitted online within 31 March 2020 and are unable to complete the request of temporary stay in the Kingdom for work within the deadline including the workers’ dependents, to stay in the kingdom. However, the Section 12 (10) and Section 54 of the Immigration Act 2522 shall not be applied to the foreigners. Here by, the relevant authorities, to proceed as stipulated in the Cabinet Resolution on 20 August 2019, shall proceed as follows:

1. The Ministry of Interior, by virtue of the Immigration Act 1979 - section 17 with the approval of the Cabinet, shall issue an announcement of the Ministry of Interior subjecting the exemption to the prohibitions for foreigners entering the Kingdom specifically for citizens of Cambodia, Laos and Myanmar, in accordance with the Cabinet Resolution on 20 August 2019, in order to allow the migrant workers and their dependents, with expired permission, to stay temporary in the Kingdom until 30 June 2020 and to except the fine for overstaying as well as to exempt the implementation of the Command of the Minister of Interior No. 1/2015 on the prohibition of certain foreigners entering the Kingdom as of 27 November 2015.

2. The Ministry of Labor, By virtue of the Emergency Decree - Section 14 concerning the Management of Employment of Migrant Workers 2560 and amended, shall issue an announcement of the Ministry of Labor subjecting the permission for workers from Cambodia, Laos and Myanmar working in the Kingdom as special case (No. ..) in order to allow the migrant workers, whose work permit has expired, to be able to work until 30 June 2020 and use their previous name list of employment requirement for migrant workers issued by the Department of Employment and the work permit without a new work permit in accordance with the Management of Employment of Foreign Workers until it is not approved by the Registrar.

3. After the end of the effective period, the security authorities are to inspect, suppress, arrest or prosecute illegal employers or workers and those involved conscientiously.

Essential aspects

The relief measures of the employment management of migrant workers 2019 – 2020 are as follows:

1. Target groups: consist of 2 groups as follows:
   • 1.1 Migrant workers who are in accordance with the Cabinet Resolution on 20 August 2019 and have submitted the name list by 31 March 2020, yet cannot proceed according to the specified procedures.
   • 1.2 The workers’ dependents with proof of descent under Article 1.1, who are under the age of 18 and allowed to stay temporary in the Kingdom under the Cabinet Resolution on 25 October 2016 or under the Cabinet Resolution on 16 January 2018, accordingly.
2. Effective Period: from 1 April 2020 to 30 June 2020.
3. Description: the workers, who come to work legally from 3 countries (Cambodia, Laos and Myanmar), shall not have to leave the Kingdom.
4. The permission to stay in the Kingdom, work permit, procedure, expenses and workers’ dependents are as stipulated in the Cabinet Resolution on 20 August 2019.
5. Effective location: Effective at the location of each authority or specified by the Department of Employment.
6. All migrant workers shall apply for the Non Thai Identity Card by 30 June 2020, otherwise the permission to stay in the Kingdom will be terminated.