One in two families in Bangkok hire domestic workers, whether that’s a Nanny, Maid, Cook or Carer.
To indigenous Thai’s, hiring staff is a process that they are more than familiar with, so they are aware of, and can circumvent, most of the inherent problems.
But for an Expat, the hiring process is much more confusing. And one of the most difficult issues to deal with is illegal workers and how to avoid hiring them.
Illegal workers
The only foreign citizens that can legally work as domestic workers in Thailand are passport holders from Myanmar, Laos and Cambodia. No one else. This arrangement was enshrined in 2009 in an international Memorandum of Understanding between these three countries and Thailand.
So, anyone from countries such as Vietnam, Malaysia, Indonesia or The Philippines, seeking employment as a domestic worker, are doing so illegally.
Notwithstanding this very clear law, thousands of illegal workers travel to, and try to work in, Thailand in the domestic sector. Suffice to say, they will not have legitimate work permits or work visas.
Often, these illegal workers will try to bend the rules by abusing or misappropriating their tourist visas (don’t forget they can’t get a legitimate work visa), topping them up at the border every 30 days.
Some will procure spurious work visas for roles such as teaching assistants or private tutors and then try to ’transfer’ the visa over to domestic work, such as a Nanny or a Maid. This activity is also illegal as a Visa cannot be transferred from one employer to another. And, as stated above, unless you come from Myanmar, Laos or Cambodia, you simply cannot work legally in Thailand as a domestic worker.
Unprincipled Agencies
So you would have thought that that was clear cut, but sadly that’s not the case.
Even though it’s illegal for an Agency to represent them (online or in person) and illegal for you to hire them, many Nanny Agencies in Bangkok still take these workers on and recommend them to their customers.
Some Agencies are so brazen, they’ll even advertise them on their websites. All they are interested in is placing anyone (even an illegal worker) with unsuspecting families and getting paid quickly.
Confused customers
It is also worth noting that employing an illegal worker is a criminal offence in Thailand and can carry a judicial sentence. It is your responsibility to check their documents. Ignorance is no defence.
Whilst it’s fair to say that the initial punishment is often just a warning, if you (as an employer) persists in employing an illegal domestic worker, you can be fined up to 800,000thb and have your work-permit and visa cancelled for breaking Thai Employment Law.
Is it really worth losing your job because an unprincipled Agency hoodwinked you into employing an illegal domestic worker?
PNA’s approach
Although you may see illegal workers on other Agency websites, at PNA we refuse to find work for these people.
They are not difficult to catch; as part of our comprehensive vetting procedure we check their documents and, in particular, their passports and, if they are attempting to work in Thailand illegally, we stop the interview immediately and respectfully tell them that we can’t help them.
Because we are Licensed and Bonded, and because we care about our reputation, the industry, our staff and our customers, we have established good working relationships with the relevant departments in the Royal Thai Police and in the Immigration service. We all have a part to play, however small, in the fight against illegal workers and people traffickers and we have made our position crystal clear.
We are also affiliated to several internationally-recognised organisations to help stop human trafficking; indeed, our ties are so close that a number of our Nannies work for employees at The United Nations.
So whatever you do, and regardless of which Agency you appoint, please check that any domestic workers recommended to you are legally entitled to work in Thailand.