Thailand’s Department of Employment (DOE) has introduced a new type of work permit. Form Bor Tor 62, captioned in English as “Temporary Work Permit, Form WP.62”, is issued to a foreign national whom the registrar has already approved to work but whose regular work permit has not yet been issued. The notification took effect on 1 July 2026 and was published in the Royal Gazette on 9 July 2026.
The change follows the move to the DOE’s e-Work Permit platform. From 28 July 2026, applications, renewals, cancellations and amendments must be filed online, and the permit is issued as a smart card after biometric enrolment at a service centre. Bor Tor 62 covers the period between the registrar’s approval and issuance of the card.
What is the Bor Tor 62 Work Permit?
Bor Tor 62 is a work permit in its own right that allows the holder to work for the employer, in the position and at the place of work stated on it. It is issued only after the registrar has approved the right to work and only where the regular permit cannot yet be produced. The notification does not provide that every approved case will receive one automatically.
The new work permit category was created by a DOE notification signed on 30 June 2026, the fourth amendment to the Department’s 2020 notification on work permit forms and supporting documents. The amendment adds Bor Tor 62 as a further category of work permit and annexes the form itself.
The underlying obligations remain those of the Emergency Decree on Managing the Work of Foreigners B.E. 2560 (2017), as amended. Bor Tor 62 changes only the evidence available to an approved worker during a processing delay; it does not change who may work, in what capacity, or what must be notified.
Submitting an application, however, does not authorise work, and neither does paying the prescribed fees nor booking a service-centre appointment. The notification does not create a route by which a worker can apply for permission to work in advance of approval.
Bor Tor 62 also has no effect on immigration status. The holder must separately hold a valid visa to stay in Thailand under the appropriate category. It also does not widen the scope of authorised work beyond what is recorded on the document.
When does the Bor Tor 62 Work Permit get issued?
For a foreigner to be eligible to work under the Bor Tor 62, each of the following must be in place:
- An application or qualifying request has been submitted through the e-Work Permit platform.
- The registrar has approved the right to work.
- The regular permit cannot yet be issued because of a production or service issue.
- A Bor Tor 62 has been generated and issued for that case.
- The document is within its printed validity and stated conditions.
- The work performed matches the employer, position and place of work on the document.
- The worker separately holds valid immigration status.
Where the portal shows approval but no Bor Tor 62 has been issued, the employer should obtain the document, or written confirmation from the DOE, before the worker starts.
There is no fixed validity period, and each Bor Tor 62 shows its own validity date alongside the expiry date of the underlying work permit. These are considered two different dates, and the temporary permit will typically expire first.
Its validity is also contingent on whether the holder completes the remaining steps in the process, in most cases biometric enrolment and collection of the smart card. Missing a scheduled appointment can end the temporary permit before its printed expiry.
What does this mean for employers and employees?
Employers should verify the issued Bor Tor 62 itself as a submission receipt, payment record or appointment confirmation are not considered evidence of a right to work. They should also record which legal basis applies to each foreign worker: a regular permit, an issued Bor Tor 62, continuation on renewal under Section 67, or another express authorisation since allowing work simply because an application is pending does not satisfy that standard.
Furthermore, reporting duties are unaffected, and a foreign national starting work must still be reported within 15 days, and reported again when the employment ends.
On the other hand, the holder must keep the document accessible for inspection, work only within the authorised scope, maintain a valid immigration status, attend scheduled appointments, and file any reports required of them in their own right.
Penalties under the Emergency Decree stand on both sides, including fines for unauthorised work, work outside the permitted scope and reporting failures, with amounts varying by violation and by whether the employer or the worker is at fault, starting at THB 5,000 and rising substantially for more serious breaches.
Distinct from the Renewal Rule under the Emergency Decree
Bor Tor 62 is distinct from the renewal rule in Section 67 of the Emergency Decree. Under Section 67, a permit holder who files a renewal application before the existing permit expires may continue working until the registrar issues an order refusing renewal. That continuation applies automatically on a timely filing and does not require a document to be issued.
Conversely, Bor Tor 62 requires both an approval and issuance of the form. An employer relying on one basis should be clear that it is not relying on the other.
Employers with foreign staff in the application pipeline should check that right-to-work procedures capture the actual authorising document rather than a filing record, that expiry dates and outstanding appointments are tracked for each worker, and that the legal basis for every foreign employee is recorded and current.
This article is provided for general informational purposes only and does not constitute legal advice. The availability and effect of the Bor Tor 62 temporary work permit depend on the registrar’s approval, the document issued in the individual case, the worker’s immigration status, the authorised employer and work, any conditions or appointments attached to the document, and current Department of Employment practice, which may change. Employers and foreign nationals should obtain professional advice before commencing or continuing work where the legal basis is uncertain.
For advice on Thai work permits, immigration compliance, employer notification obligations, labour inspections or foreign employment policy, please contact Silk Legal at [email protected].
