Changing employer for migrant workers: Who can do it, who needs a resignation notice

Migrant workers imported under the MOU system **cannot all change employers**. The law specifies only two ways: proving to the registrar that the departure from work was due to the employer's fault, or having paid compensation to the original employer (Section 51). Once eligible, they must start working with the new employer **within 30 days from the date of termination with the original employer** (Section 52). If this deadline is exceeded, the work permit immediately expires, and the right to reside in the Kingdom also ceases (Section 53).

As for workers authorized to work under **Cabinet resolutions** (pink card group/amnesty group), they fall under a different legal basis than the MOU group. Therefore, the criteria follow the announcements of those specific resolutions. In practice, changing employers is often easier, but **it does not mean there are no conditions**. They still need to apply for a work permit with the new employer and notify the registrar within the specified timeframe.

Regardless of the worker's group, the employer has a duty to **notify the registrar within 15 days**, both when hiring and when the worker leaves employment. Violation carries a fine not exceeding 20,000 baht — this is where employers make the most mistakes, thinking that "the worker resigned, so it's over".

Information as of verification date August 20, 2569

What the Law Says: Sections 51, 52, 53

The main legal basis is the **Royal Ordinance on the Management of Migrant Worker Employment B.E. 2560, amended by Volume 2 B.E. 2561**, which entirely rewrote Sections 50–53.

Section	Key Content	What the employer must do
Sec. 51	Migrant workers employed by an employer under Sec. 43 or Sec. 46 (MOU import group) who leave work before contract completion cannot work for another employer, **unless** it is proven to be the employer's fault, or compensation has been paid to the original employer.	Check before hiring that the worker meets one of the conditions and that the registrar has issued a new work permit or endorsed the original one.
Sec. 51, Paragraph 2	"Compensation" refers to all expenses incurred in bringing the migrant worker to work, **calculated proportionally to the period already worked**.	Request to see the calculation method in writing, not just a verbal figure from the original employer.
Sec. 51, Paragraph 3	The above restrictions **do not apply** to migrant workers whose employment contract has been renewed and who leave work during the renewed contract period.	If the worker is in a renewed contract period, notify the registrar of this issue from the outset.
Sec. 52	Those eligible to change employers must start working with the new employer **within 30 days** from the date of termination with the original employer. For types of work requiring a security deposit under Sec. 46, the new employer must place the security deposit with the Director-General **within 15 days from the date of employment**.	Count 30 days from the "actual date of termination", not the date of receiving the resignation notice.
Sec. 53	No right to change, or having the right but not starting work with the new employer within 30 days → **work permit expires** and the right to reside in the Kingdom is deemed to have ceased according to immigration law.	Do not let the worker "just wait" while looking for a new job — time is always running.
Sec. 50	In cases where the employer does not hire / the migrant worker does not agree to work / leaves work for any reason, the employer must **notify the licensee and the registrar within 7 days**.	MOU import groups who have just arrived and are not settling in must notify within 7 days, not 15 days.

Caution: The sections applicable to changing employers are **Sections 51 and 52** as cited above (section numbers with slashes commonly found on websites are not in this law). And the text of Section 51 provides only 2 solutions, not "4 cases" or "6 points" as often seen. The list of various reasons (employer ceases business, non-payment of wages, assault, etc.) is an elaboration of what constitutes "employer's fault," which is at the discretion of the registrar according to the Department of Employment's guidelines. Therefore, it is advisable to inquire with the Provincial Employment Office (PEO) in the area on a case-by-case basis.

The Most Frequently Forgotten 15 Days: Duty to Notify the Registrar

• **Employer (Sec. 13):** Notify the registrar within **15 days from the date of employment** and within **15 days from the date the migrant worker leaves employment**, specifying the reason for leaving work → Violation: **fine not exceeding 20,000 baht** (Sec. 103)
• **The worker themselves (Sec. 64/2):** Notify the registrar of the employer's name, workplace, and main job characteristics within **15 days from the date of starting work**, and must **notify every time they change employers** → Violation: **fine not exceeding 20,000 baht** (Sec. 119/1)

From cases we frequently encounter, the problem is often not with the worker themselves, but with the **original employer refusing to notify their departure in the system**, preventing the new employer from proceeding. Meanwhile, the 30-day clock under Sec. 52 is still ticking. If the matter is pending with the original employer, or if you are unsure whether the worker has the right to transfer, see the steps and required preparations at Migrant Worker Employer Change Services · Read more about penalties at What penalties do employers face for hiring illegal migrant workers?

How much of changing migrant worker employers can be done online?

The electronic channel used for submitting matters related to work permits is the **Department of Employment's e-WorkPermit system** (Electronic Migrant Worker Work Permit System). Employers or authorized representatives with an account in the system can submit applications and track their status from their workplace, without having to wait at the office for every step.

However, the most common misconception among employers is thinking that **"submitting online completes the process"**. In practice, one still needs to account for original documents, appointments for processing, and differing conditions based on the worker's group (MOU import group and Cabinet resolution amnesty group use different legal bases), as well as varying practices in each area. Therefore, planning should allow for extra time, not assume everything is finalized on screen.

What the online system **does not eliminate**:

• **The right to change employers still requires registrar approval** — The MOU group must meet the conditions under Sec. 51 (fault of the original employer or compensation paid), and then the registrar will issue a new work permit or endorse the original one. Entering data into the system does not mean the right has been granted.
• **The 30-day clock under Sec. 52 is still running** — Counted from the actual date of termination with the original employer, not from the date of submission in the system.
• **The duty to notify within 15 days remains for both sides** — Both the employer under Sec. 13 and the worker under Sec. 64/2 face a fine not exceeding 20,000 baht for violation.
• **Cabinet resolution groups use the criteria of that specific resolution round** — The procedures and documents required by the system may not be the same as for the MOU group.

The recurring problems we encounter when submitting applications for clients are often not legal issues, but issues with data in the system:

• **Duplicate applications** — The original employer still has a pending matter in the system, so the new employer cannot submit over it. The old matter must be cleared first.
• **User ID still with the original agent** — The business owner cannot access their own system because the account was set up by someone else in the previous round.
• **Mismatched spelling of names** — Names in the passport, work permit, and entered into the system do not match, even by a single character, causing the matter to be pending.

Because these details change according to resolution rounds and local areas, before starting the submission, you should **confirm the procedures and documents with the Provincial Employment Office (PEO) in the area or the Department of Employment hotline 1694**, bringing the current work permit for comparison. · If you want someone to help process and track the status, see the steps and required preparations at Migrant Worker Employer Change Services

Cabinet Resolution Migrant Worker Groups Use Different Criteria Than MOU Groups

Sections 51/52/53 are written for migrant workers employed by an employer under **Sec. 43** (imported by a licensee) or **Sec. 46** (employer imports themselves by placing a security deposit), which refers to the MOU group. As for migrant workers in the amnesty group under Cabinet resolutions, they are authorized by **Sec. 14**, thus falling under a different legal basis.

However, "different basis" **does not equal "no conditions"** — We have reviewed the relevant Cabinet resolutions and found no direct statement granting the right to "freely change employers". What the November 11, 2568 resolution provides is an **exemption from notifying employment under Section 13, Paragraph 1** for the target group of that resolution, which is a different matter from the right to transfer employers. Therefore, before planning a job transfer, always check the criteria of the resolution round the worker belongs to with the Provincial Employment Office (PEO) in the area or the Department of Employment hotline **1694**.

Summary Table of Cabinet Resolutions and Expiry Dates of Rights

Group / Original Resolution	Nationality (as per Resolution)	Permitted to Stay and Work Until	Remarks
Exemption for Irregular Status Migrant Workers, Round Cabinet Resolution Sep 24, 2567 (Extended by Resolution Dec 2, 2568)	Laos, Myanmar, Vietnam	March 31, 2570	Originally expired March 31, 2569 · Resolution Dec 2, 2568 excluded Cambodian nationality from this round
Same Group — Cambodian Nationality	Cambodia	Not extended. Original rights expired March 31, 2569	Resolution states to "postpone operations for now" due to border situation — must check latest status
Exemption Round Cabinet Resolution Feb 4, 2568 (Extended by Resolution Dec 2, 2568)	Laos + Vietnam	Feb 13, 2570	Originally expired Feb 13, 2569 · Small group, totaling approximately 4,070 people
New Exemption for Irregular Status Migrant Workers, Round Cabinet Resolution Nov 11, 2568	Laos, Myanmar, Vietnam (only the sub-group "illegal entry" which is Laos + Myanmar)	Renewable until Dec 11, 2570 — by submitting renewal application by Dec 11, 2569	Cabinet Resolution July 14, 2569 granted further exemption from the previous round ending Dec 11, 2569 · Excludes Cambodian nationality · Resolution exempts notification of employment as per Section 13, paragraph one
Cambodian group whose work permits have been renewed (originally expired Feb 13, 2568)	Cambodia	Feb 13, 2570 and renewable once more for no more than 2 years, until Feb 13, 2572	Reference Department of Employment press release — should confirm with Provincial Employment Office before planning
Cabinet Resolution July 8, 2568	Myanmar nationality only	As per Ministry of Labour announcement for this resolution round	Not a resolution covering all nationalities — check case-by-case conditions with Provincial Employment Office

The most critical point to note in this table is the row for Cabinet Resolution Nov 11, 2568 — December 11, 2569 is not the expiry date of rights, but the last day to submit a renewal application. The Cabinet resolved on July 14, 2569, to grant an exemption allowing migrant workers of Lao, Myanmar, and Vietnamese nationalities in this group to stay in the Kingdom and continue working until December 11, 2570, on the condition that they submit a renewal application by December 11, 2569. This group comprises approximately 720,000 people nationwide. The government fee is 1,000 Baht per person (100 Baht for application submission + 900 Baht for work permit fee). Full details can be read at Work Permit and VISA Extension According to Cabinet Resolution July 14, 2569 and Migrant Worker Work Permit Renewal, Submit by Dec 11, 2569

Regarding employer change specifically, Cabinet Resolution July 14, 2569 contains no provisions regarding employer change, similar to Resolution December 2, 2568. Therefore, employer changes for this group must still follow the normal criteria of the Department of Employment. It is advisable to inquire with the Provincial Employment Office in the area on a case-by-case basis.

A single employee may not belong to only one group, for example, having received an exemption in one round and then a renewal under another resolution. What determines this is the current work permit and the announcement of the resolution round specified on that permit, not nationality alone. · Read details for the 3 nationalities group at Work Permit Extension for 3 Nationalities and for the Myanmar group under Cabinet Resolution Nov 11, 2568 at Update on CI Situation for Myanmar Migrant Workers

Cambodian Migrant Workers: The Most Cautious Case

Cambodian migrant workers were entirely excluded from the renewal round under the Cabinet Resolution of December 2, 2568. The resolution stated to postpone operations for now due to the unrest situation along the Thai-Cambodian border. As a result, this group did not receive an extension until 2570 along with other nationalities, and their rights under the original round expired on March 31, 2569.

This is not merely a matter of "unable to change employer" but affects their entire status of stay and work. The status of this group can therefore change at any time according to subsequent measures. Employers with Cambodian migrant workers should directly check the latest status with the Provincial Employment Office before planning job changes or document renewals. Do not use information from the 2568 round for decision-making.

Where to Check Visa Endorsement (VISA) Information

Each Cabinet resolution round specifies different timeframes for processing temporary stay visa endorsement and requesting an extension of stay. If not processed within the timeframe of that round, the permission to stay and work will expire. These timeframes are not the same for all groups and are frequently amended/extended by new resolutions.

Therefore, we do not specify a general visa endorsement date in this article, as there is a risk that employers may rely on the wrong date for their group. The safest method is to directly check the visa endorsement timeframe for the resolution round to which the employee belongs with the Provincial Employment Office or hotline 1694, bringing the current work permit for comparison.

Employer Checklist Before Accepting Transferring Migrant Workers

1. Is the employee in the MOU group (Section 43/Section 46) or the Cabinet Resolution group (Section 14)? — Check the current work permit.
2. If in the MOU group: Have they met the conditions of Section 51 in any way (fault of the previous employer or compensation paid)?
3. What is the last day of employment with the previous employer? — Count 30 days as per Section 52 from that date.
4. Has the previous employer notified termination in the system yet (duty as per Section 13 within 15 days)?
5. Is the job to be hired a type that requires a security deposit as per Section 46? — If yes, it must be deposited within 15 days from the date of employment.
6. The employee's identification documents and work permit have not expired according to their resolution round.
7. Confirm the visa endorsement timeframe for that resolution round with the Provincial Employment Office before scheduling an appointment.

Frequently Asked Questions

Q: If an employee resigns, can they change employer?
A: If they are in the MOU group and resign before contract completion without employer fault, Section 51 stipulates that compensation must be paid to the previous employer before the registrar can issue a new work permit or endorse the old one. This excludes cases under Section 51, paragraph three, which is leaving work during a newly renewed contract.

Q: What if the previous employer refuses to notify termination?
A: Notifying termination within 15 days is a legal duty of the previous employer (Section 13), not an optional right. Failure to notify carries a fine not exceeding 20,000 Baht. If the matter is pending, consult the Provincial Employment Office in the area with proof of the actual last day of employment, as the 30-day period under Section 52 is counted from the last day of employment, not from the date documents were received.

Q: What happens if a new employer is not found within 30 days?
A: As per Section 53, the work permit expires, and the right to stay in the Kingdom is also deemed terminated under immigration law. The cost of repatriation to the country of origin is the responsibility of the person authorized to bring migrant workers to work, or the last employer who deposited a security, as the case may be.

Q: Are there any extension measures in some rounds?
A: Some groups or Cabinet resolution rounds may have specific extension measures, which have limited validity periods and can expire. It is recommended to check the latest status with the Provincial Employment Office in the area or hotline 1694 before proceeding. Do not rely on figures heard in previous rounds.

References and Date Checked

• Emergency Decree on the Management of Migrant Workers' Employment (No. 2) B.E. 2561 — Government Gazette Vol. 135, Part 19 A, dated March 27, 2561 (Section 25 rewrites Sections 50–53)
• Summary of Cabinet Meeting News, December 2, 2568, Item 27 — Government House Document
• Summary of Cabinet Meeting News, November 11, 2568, Item 10 — Government House Document
• Department of Employment Press Release (doe.go.th) — Work permit validity period for the group under Cabinet Resolution November 11, 2568, and the Cambodian nationality group whose permits have been renewed
• Ministry of Labour Announcement for Myanmar Migrant Workers, as per Cabinet Resolution July 8, 2568 (dated July 24, 2568)
• Summary of Cabinet Meeting News, March 10, 2569 — Measures to resolve obstacles in submitting work permit applications as per Cabinet Resolution November 11, 2568
• Summary of Cabinet Meeting News, July 14, 2569 — Work Permit Renewal for Lao, Myanmar, and Vietnamese Migrant Workers

Last Fact-Checked Date: August 20, 2569 — Cabinet resolutions up to the meeting on August 18, 2569, have been checked. The 2569 resolutions directly related to work permits are two: the resolution dated March 10, 2569, and July 14, 2569. However, no Cabinet resolution from 2569 has been found that extends the permits for the exempted group of Cambodian migrant workers, so changes not yet appearing on this page may occur. Migrant worker exemption measures have limited validity and are frequently amended. Please check the current status with the Provincial Employment Office or the Department of Employment hotline 1694 every time before proceeding.

If you need assistance checking which group your employee belongs to, what documents are required, and handling the entire notification of termination and new employment process, see details at Exworker's Employer Change Service