Business Services

MOU Migrant Workers in Thailand: Employer Compliance

Lawful employment, not just a stack of documents

Business Services

Lawful employment, not just a stack of documents

Many factories and SMEs rely on workers from Myanmar, Laos and Cambodia and leave the paperwork entirely to a recruitment agency, but liability lands on the employer when something goes wrong. We check that every worker is employed by the employer, at the workplace and in the work they are permitted for, draft contracts with a version in a language the worker understands, set up hiring, exit and renewal notices so deadlines are met, and act when there is an inspection, a dispute or a change of employer.

What we cover

Whole-site file checks of foreign workers before an inspection

Contracts with a version in a language the worker understands

Hiring, exit and renewal notices that meet deadlines

Changes of employer, workplace transfers and terminations

Reviewing agency contracts and the costs passed to workers

Labour rights, wages, social security and disputes

Liability sits with the employer

The agency handles bringing workers in, but when a worker is employed by the wrong employer, at the wrong site or in work outside the permit, fines fall on the employer per worker and it can be barred from hiring migrant workers again. We check the files across the whole site before an inspector does.

Notices and renewals on time

Hiring, leaving and changes of workplace must be notified to the Department of Employment within the set period, and permits must be renewed before they expire. We set up a calendar and reminders for HR so nothing depends on one person's memory.

Contracts workers can read

Contracts should have a version in a language the worker understands and state wages, hours, accommodation and any deductions clearly. Migrant workers have the same labour law protection as Thai workers, and disputes over wages and deductions are the most common.

What employers must not do

Employers must not hold workers' passports or work authorisation, must not deduct wages beyond what the law allows, and agencies may not charge workers certain costs. We review agency contracts so those liabilities do not land back on the employer.

Changes of employer and termination

MOU workers can change employer only in specified cases, and a new employer must check the worker's status before hiring. Termination requires severance under labour law and a timely exit notice. We act for both the former and the new employer.

Talk to us about this

Free initial consultation. Tell us what your business needs and we'll map the steps and a quote.

Talk to us about this +66 92 254 2045

Frequently asked questions about Migrant Worker Compliance for Employers (MOU Workers)

6 questions answered

Only in the cases set by law and Department of Employment rules — for example when the employer terminates, dies or closes the business, or mistreats the worker — and a new employer must be found and notified within the set period. A new employer should check the worker's status before hiring.

No. The law prohibits employers from holding migrant workers' identity documents and work authorisation, with penalties, even when the stated reason is to stop workers leaving.

They are protected by the same labour protection law — minimum wage, overtime, holidays and severance — and must be covered by social security or health insurance as the law requires.

An employer can file its demand and bring in workers for its own business through the Department of Employment's process, or use a licensed recruitment agency. We are not a recruitment agency; we handle the employer's legal side and work with the agency.

Gather the files of every worker concerned, establish whether the gap is a correctable paperwork issue or actual work outside the permit, and respond to the officials within the deadline. Do not let workers go before taking advice, as that can make things harder.

Workers who meet the definition of employee under social security law must be registered like Thai employees; those outside the system must have health cover as the law requires.