Change Migrant Worker's Type of Work to Shopfront Sales, Submit BT.22
A migrant worker holding a work permit for manual labor but assigned to shopfront sales is illegal. Resolve this with form BT.22, including documents from both parties, tax-based quota, and the difference between changing and adding types of work.
A migrant worker employee whose work permit states "laborer work" but is made to stand and sell goods in front of a shop is working outside of what is permitted. This is not a minor technical issue, as both the employer and the employee have separate legal liabilities. The correct solution is to submit **Form BT.22** to change or add the type of work in the original work permit.
This article summarizes from the set of submission documents from the Department of Employment (for laborer work and selling goods in front of a shop) what needs to be prepared, how many people can submit, and the point where employers most frequently make mistakes in this single form.
Information as of August 2569 — Minor practices may vary by Provincial Employment Office
"Change" vs. "Add" Type of Work Are Not the Same — Can Only Choose Incorrectly Once
In Form BT.22, Item 3, it is explicitly stated in parentheses that "Choose either to change or add the type of work". These two terms yield completely different results.
Original work disappears, only new work remains — Suitable for shops that move employees to full-time front-of-shop work, not returning to laborer work.
Keep laborer work and add selling goods in front of a shop — Suitable for actual work where tasks are alternated, both lifting goods and standing to sell.
BT.22 Is Not a Work Permit Renewal
This is often misunderstood. BT.22 is an application to change items in the work permit, it does not extend the expiration date. The permit still expires on the original date and still needs to proceed with renewal according to its own group's cycle (Renewal cycle December 11, 2569). And if moving to a new employer, that is another path, not BT.22 (Changing Employers).
Documents to Prepare — For Selling Goods in Front of a Shop
This side requires more documents because the office needs to prove 2 additional things: the employer has a genuinely registered shop and the quota based on income tax is still available.
- Form BT.22 fully completed, with "Change" or "Add" selected.
- Migrant worker's photos, 1.5 inches, 3 copies.
- Commercial registration certificate or documents issued by the government for commercial operations — This item is mandatory.
- Evidence of income tax filing, for individuals or legal entities, for the past year.
- Original work permit and copy, with signature.
- Original passport and copies of all pages with entries, with signature.
- Copy of employer's ID card + employer's power of attorney with 10 baht duty stamp (30 baht for legal entities) if not present in person, along with a copy of the authorized person's ID card.
- Migrant worker's power of attorney with 10 baht duty stamp if not present in person.
- Application fee 100 baht.
Documents to Prepare — For Laborer Work
In the reverse case (e.g., an employee previously worked in front of a shop and then moved to laborer work), the set of documents is shorter because **laborer work does not have a specified employment ratio**, thus commercial registration and tax evidence are not required.
- Form BT.22
- Migrant worker's photos, 1.5 inches, 3 copies
- Original work permit and copy, with signature
- Original passport and copies of all pages with entries, with signature
- Migrant worker's power of attorney with 10 baht duty stamp (if not present in person)
- Application fee 100 baht
Add according to employer status
Employer's power of attorney with 10 baht duty stamp (if not present in person), along with a copy of the authorized person's ID card.
Company certificate not older than 6 months + copy of authorized director's ID card + power of attorney with 30 baht duty stamp, along with a copy of the authorized person's ID card.
How Many Migrant Workers Can Be Employed to Sell Goods in Front of a Shop — Calculated from Income Tax
This quota applies to selling goods in front of a shop only. The more tax the employer pays, the more can be employed.
| Employer status in the past tax year | Can employ |
|---|---|
| Started commercial operations or registered as a legal entity, and had no income in the past tax year | 1 person |
| Was exempt from income tax in the past year | 1 person |
| Paid income tax 1 – 50,000 baht | 3 people |
| Paid tax over 50,000 baht — For every additional 50,000 baht, 1 more person can be added | Not exceeding 10 people |
| Reached 10 people and provided evidence of employing 30 Thai nationals (for every additional 10 Thai nationals employed, 1 more migrant worker can be added) | Total ceiling 20 people |
Laborer Work and Selling Goods in Front of a Shop Differ in Actual Work Characteristics
Officials look at what the employee actually does on site, not the job title set by the employer. Work that involves receiving money, giving change, promoting sales, or standing at a sales point is considered selling goods in front of a shop, while lifting goods, arranging goods on shelves, cleaning is laborer work. Before deciding, you should read Types of work migrant workers can do and prohibitions in conjunction, because some tasks that shops consider minor are strictly prohibited for migrant workers.
If the shop does not yet have commercial registration, the problem exists even before the BT.22 stage — Read the solution at Can migrant workers be employed to sell goods in front of a shop?
Risks if Left Unaddressed
Where to Submit, How Long Does It Take
Submit at the Provincial Employment Office where the workplace is located, or Bangkok Employment Office Area 1–10. The Department of Employment's document set does not specify the number of working days, and queues vary by area. Before traveling, you should call the local employment office to ask if an appointment is required for this round and which days have available queues.
Frequently Asked Questions
Do I Need to Bring the Employee Along?
If not present in person, there must be a migrant worker's power of attorney with a 10 baht duty stamp and another one for the employer (10 baht for individuals, 30 baht for legal entities). Both parties must provide power of attorney, not just the employer.
Do I Need to Make a New Card After Changing?
BT.22 is for amending items in the work permit, while matters of cards and reporting are separate systems. Confirm with the official on the day of submission what further actions are required for your case.
Can I Submit Online?
The document set published by the Department of Employment is for paper submission with originals (work permit and original passport). Check with the local office first to see if other channels are supported.
If the Quota Is Full But You Still Want the Employee to Help Sell Goods in Front of the Shop
There are two correct ways: increase tax evidence/Thai employment to meet the next tier's conditions, or reorganize the work to ensure the employee only performs tasks specified in the work permit. Allowing them to continue selling is not a safe option.
Let Exworker Handle the Process
We will review the case first to determine whether to choose "change" or "add", how many people the shop's quota can accommodate, and what documents are missing from the employer's side. Then we will prepare the document set and submit it to complete the process. See details and costs on the page Service for changing job type in work permit (BT.22) or message us on LINE to review your case first.
References
- Department of Employment — Document set for submitting change of work type for laborer work and selling goods in front of a shop (Form BT.22)
- Rayong Provincial Employment Office — Conditions for permitting migrant workers to sell goods in front of a shop (June 21, 2567)
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