Bundit Thanachaisetthawut of the Arom Phong Pha-ngan Foundation said problems arising from foreign labour do not constitute “an emergency situation [for which a Royal Decree] is utmost necessary and unavoidable”, and thus there was no need for the Decree on the Management of Foreign Workers Act 2017 that came into effect on June 17.

Bundit pointed out that a formal decree allows the government to promulgate or amend a law without first seeking public comment, as is otherwise required.

He also noted that entrepreneurs and employers have expressed concern the hefty fines outlined in the act could result in corruption in the form of officials seeking and accepting bribes.

Anyone employing an undocumented foreign worker faces a fine of Bt400,000-Bt800,000.

The Cabinet approved the decree in principle in March and quickly submitted it for Council of State consideration. It essentially merges two existing laws – the Working of Aliens Act 2008 and the Royal Decree on the Placement of Aliens for Work with Employers in Thailand 2016.

Bundit last month participated in a seminar and public consultation on the decree organised by the Migrant Working Group and Solidary Centre, as did representatives of state and private agencies.

He said it was noted that the decree’s drafting process might violate Section 77 of the Constitution requiring all proposed laws to be subject to stakeholder input.

Seminar participants also criticised the proposed punitive measures and other aspects of the decree and recommended changes.

The decree prescribes that employers be fined Bt4,000 for every foreign employee doing a job other than what is designated in his or her work permit. A foreigner caught doing so could be fined up to Bt100,000.

Employers face five years in jail and/or a fine of Bt2,000-Bt10,000 if a foreign employee has no work permit or is working in one of 39 professions reserved for Thais.

They face a fine of up to Bt100,000 if a foreign employee’s rights are violated or essential documents are withheld, and 3-10 years in prison and/or a fine of Bt600,000-Bt1 million per worker for making false claims about finding foreigners a job in Thailand.