An MOU, short for Memorandum of Understandingis a legal agreement made between 2 parties; the Thai government and another country that could be Myanmar, Cambodia, Laos, and Vietnam to legally import laborers. These people will be permitted to work in the Kingdom at a period of 2 years at a time and can be allowed to extend their stay for another 2 years, totaling 4 years. After the completion of the 4 years, if the laborers wish to stay, they must undergo a new importing session to reenter the agreements of the MOU. In this process, the rotated group won’t have to return to their home country for a long period like in the past.
According to the MOU, imported laborers can be classified into 2 groups newly recruited people from their country which the employer has never met or known before, and illegal laborers including disqualified laborers according to the law e.g. the employer had informed of the laborer’s discontinued employment for over 15 days, laborers who were imported by the MOU but the employer did not inform the entering nor exiting whether by any means of employment discontinuity. The laborers in these groups must undergo the process of importing labor to be accepted into the MOU system. Once accepted, they will receive a 2-year E-Work Permit.
Advantages of entering the MOU1. Laborers cannot freely change their work establishment (employer) like the group with proven nationalities (C.I. : Certification of Identity).
2. Employment and manpower is stable throughout the entire 2 years (plus an extension of 2 years).
3. The laborers’ backgrounds can be checked and screened to have the caliber required by each task and employer. As work establishments cannot be changed, if the employee or employer wishes to change it, laborers must reenter the MOU from their home country.
Employment according to the MOU system
Income and welfare must follow legal requirements, such as minimum wages, overtime payments, and more.
The hiring contract has a duration of 2 years and an extension period of another 2 years, totaling 4 years. The employer can repetitively recontract their employees as the rotated group so they can work for another 4 years until the laborers reach the age of 55 years.
The documentation process is more convenient and easier to manage compared to other foreign labor hiring systems.
Employment is more stable; with a lesser turn-over rate than Thai laborers or other groups such as the C.I. process or the pink card system.
The background of laborers and history of crime are checked to screen them before accepting into the workplace.
As there are hiring contracts, it is more stable for all parties.
Employers can be confident that they have efficient and sufficient manpower as well as applicants to suit the demand in production.
We have reasonable service rates and employers don’t have to worry about the documents.
We assign interpreters to assist (language coordinators)
Legal foreign workers
Employers can feel comfortable that their production capacity is constant and stable.
We carefully select laborers
We also offer renewal services for the laborers’ legal documentations
Care and provide advice
We guarantee our laborers
We provide standard services
Complete legal documents
Medical check-up services
Document renewal services
The traveling expenses from the border to the employer’s work establishment
Interpreters will be assigned to assist and communicate with all parties
Our foregien laborers in Thailand 2019
MOU (Number/ MOU )
The C.I. (Number/ The C.I. )
Laws relevant to foreign labor
Foreigners’ Working Management Emergency Decree B.E. 2561 (Summary)
Immigration Act B.E. 2522
Information on the foreigner’s termination of employment, Section 50
According to the MOU, employees may change their employer if they encounter one in 5 cases;
1. The employer discontinued the employment or has deceased.
2. The employer maltreated or abused the employee.
3. The employer doesn’t pay remunerations as agreed in the details of the hiring contract or refuses to comply to the contract or labor protection laws.
4. The employer is bankrupt or loses production capacity as they do not have any assignments for the foreign laborers to complete.
5. The working environment or condition where the employee is assigned to affects the physical or mental health or the lives of the employee. As for the reason of the information to leave and change the employer, the employer must only state as “disemployed”. Foreign laborers belonging to the C/I group, or those with proven nationalities are the group with the legal documents permitting them to work in Thailand. These foreigners can freely change their work establishments / employers as they wish, but they must complete the process within 15 days.
In the case of the proven nationalities
Foreign laborers belonging to the C/I group, or those with proven nationalities are the group with the legal documents permitting them to work in Thailand. These foreigners can freely change their work establishments / employers as they wish, but they must complete the process within 15 days.