Key takeaways
- Working on an expired permit is a criminal offence in Thailand. There is no grace period for work after the expiry date.
- The Non-Immigrant visa linked to the job generally loses its basis. A Thailand overstay fine can follow if the employee stays on.
- Renewals should generally be filed at least 30 days before expiry.
About the Author
This guide was prepared by Settlr Global's visa and work permit team under Managing Director Gagan Ajmani, who has 15+ years of regional experience across Southeast Asia. The team handles Non-B visa applications, work permit renewals and 90-day reporting for client companies operating in Thailand.
What happens legally on the day a Thai work permit expires?
The expiry date printed on the permit is the point where the employee's legal right to work in Thailand ends. Working without a valid permit is a criminal offence, and Thai law generally requires the employee to stop all work activities as soon as the permit expires.
Many employers assume: "The renewal is being prepared, so he can keep working until it comes through." An unfiled renewal does not extend the old permit. Only the permit's status on the expiry date counts.
- The restriction generally covers any work for the Thai employer while in Thailand, including meetings and client calls.
- The employer should record the date duties stopped, in writing, in the employee file.
- HR should check the employee's immigration status in the same week, because the visa problem follows quickly.
Settlr Global's visa and work permit service covers both the permit and the visa side, so the two are handled as one file.
What penalties do the employee and the employer face?
Once work continues past expiry, the employee and the employer each carry a separate penalty. One party paying a fine does not clear the other.
| Party | Exposure | Legal basis |
|---|---|---|
| Employee | Maximum fine of THB 50,000, deportation and a ban on future work permit applications | Foreigners' Working Management Emergency Decree |
| Employer | Maximum fine of THB 100,000 per foreign worker allowed to work with an expired permit | Thailand work permit law |
| Employee (immigration) | Visa cancellation, with deportation possible if the person remains on an invalidated visa | Thailand immigration law |
The employer fine applies per worker. A company with several permits expiring in the same quarter therefore carries a combined exposure. HR should list every foreign employee's permit and visa expiry dates in one register before the next payroll cycle.
How does an expired work permit affect the employee's visa and the Thailand overstay fine?
The penalties above concern work. The visa consequence is separate and often arrives faster. A Non-Immigrant B extension of stay is granted because of the employment. When the work permit lapses, the extension loses its legal basis and generally has to be cancelled.
The work permit and the employment-based visa are linked: once the employer's sponsorship ends through permit expiry, the visa that depends on it no longer has a legal foundation. The employee should generally either leave Thailand before their permitted date of stay ends or change visa status to remain legally.
Remaining in Thailand on an invalidated visa is a formal ground for deportation. Current figures should be confirmed with the Immigration Bureau.
Some employees ask whether switching to the Destination Thailand Visa solves the problem. It does not. The DTV is designed for remote workers and digital nomads and does not permit employment with a Thai employer. It can suit someone who will work remotely for an overseas business. The DTV guide sets out the 2026 requirements, and the Thailand Visa Matcher gives an indicative route.
Can an expired work permit be renewed, or does the process start again?
Because the visa usually falls away with the permit, recovery generally means rebuilding the employee's status from the start. Employers asking how to renew a work permit in Thailand after it has expired are usually facing a new application, and the employee often needs a fresh Non-Immigrant B visa first.
Step 1: Stop all work and record the date the employee stopped duties.
Step 2: Confirm the employee's permitted stay with Immigration. Then decide whether they leave Thailand or change visa status before that date.
Step 3: Agree in writing how pay and leave are treated during the gap. Reflect this in the next payroll run and the PND.1 withholding.
Step 4: Prepare the new visa where required, then submit a new work permit application to Thailand's Department of Employment.
Step 5: Resume work only once the new permit is issued. Processing times are set by the authorities and vary.
What are the Thailand work permit requirements for a renewal filed on time?
The employer sponsors the application.
- The current, active work permit
- A valid passport with the non-immigrant visa and current extension of stay
- A medical certificate
- An employment certification letter from the employer
- Company documents such as recent tax filings, supplied by the employer as sponsor
We advise clients to start collecting documents well before the 30-day point. The checklist is the same for an in-house HR team, a work permit service provider in Thailand or a corporate services provider.
How can a company without a Thai entity keep foreign staff compliant?
Every obligation above sits with the legal employer. This is why overseas companies with no Thai entity often use an employer of record in Thailand. The EOR becomes the legal employer under its own Thai company and sponsors the permit and renewals. The client still directs the day-to-day work.
Some companies search for a PEO in Thailand instead. Co-employment models generally assume the client already has its own local entity, so businesses without one are usually looking for an EOR.
Settlr Global's Employer of Record service starts from THB 10,999 per employee per month for an expat hire and THB 8,999 for a local hire. Visa and work permit approval for an expat hire rests with the Thai authorities and is not guaranteed.
Frequently asked questions
Is there a grace period after a Thai work permit expires?
No. You cannot legally work for any period after expiry, so the employee should stop working on the expiry date.
Who pays the fine when a permit lapses?
Each party is fined separately. The employee faces up to THB 50,000. The employer faces up to THB 100,000 per foreign worker.
Can a work permit be renewed after it expires?
Generally not. You will usually need a new application, often preceded by a new Non-Immigrant B visa.
When should a company start a renewal?
File at least 30 days before expiry, and start gathering documents earlier than that.
Does the employee have to leave Thailand?
The employment-based visa is generally cancelled. The employee should leave or change visa status within their permitted stay to avoid overstay fines.
Can a foreign employee switch to a DTV and keep working for a Thai company?
No. The DTV does not permit employment with a Thai employer.
Does an employer of record handle work permit renewals?
Generally yes. As the legal employer, the EOR sponsors the permit and its renewals.
About Settlr Global
Settlr Global is the operating arm of WOWS Global, a Singapore-incorporated corporate advisory and investment banking group, and provides a one-platform ecosystem for business operations in Thailand. It combines payroll, HR, legal, tax and incorporation support under a single team, so founders do not have to coordinate separate local agencies. The platform has processed payroll and compliance work for 200+ clients across 15+ countries, from early-stage startups to established multinational enterprises. Its Employer of Record service lets companies hire in Thailand in about two days, with or without a local entity.
Your one stop for business operations in Thailand. To review upcoming permit expiry dates for your team or plan your next renewal, get in touch with Settlr Global at settlrglobal.com.
