(No) music in Chiang Mai
Chiang Mai's booming music scene appears to have come to an abrupt end after police cracked down on foreign musicians playing live music in the city.
In March and April, a number of arrests were made in Guitarman and Northgate, among others, nightspots that have acquired cult status among the local foreign community, as well as local Thais and tourists. The arrests, which immigration officials have said were those working without the required work permit, have led to confusion at a time when Chiang Mai was emerging as a creative hub for foreign musicians.
Live music illegal?
The expat community, musicians, bar owners and music lovers are now wondering whether the arrests are in accordance with the law. What exactly is illegal about live music? One of those arrested in Guitarman was visiting Chiang Mai for the night when he was arrested, but several of the musicians were regulars and have admitted they were paid for their services, formally breaking the law.
An anonymous musician from a popular foreign band based in Chiang Mai said that the venue where he used to perform has been virtually abandoned now that there is no music to listen to. He added that a large number of foreign musicians have canceled their performances in Chiang Mai for fear of being arrested by the immigration police. A growing number of foreign musicians who have retired or settled in Chiang Mai are considering or have already left, feeling that the city no longer offers what was once a creative hub for performing artists.
Chiang Mai creative
Chiang Mai is currently working with the UN Educational, Scientific and Cultural Organization (UNESCO) to obtain 'Creative City Status' for their city, where cultural and creative activities are an integral part of the economic and social functioning of the city. be a city. If Chiang Mai wants to be internationally recognized as a creative city, then wouldn't it also be in their interest to promote creativity through music, art, poetry... or even karaoke?
Of course, this means that Thai laws and regulations must be adhered to in any case. The law states that foreigners are not allowed to earn money without a valid work permit. If musicians regularly play in a venue, it can be said that they drive sales for that company, so even if they do not receive compensation for playing music, a work permit is necessary. Tourists who go on stage to sing a song cannot reasonably be expected to understand that they could be arrested. In fact, there is nothing illegal about this because it is a one-time event. However, musicians who perform regularly and claim not to know the law do not go free and risk their freedom and may end up in prison.
Working in Thailand
So when is “work” officially considered work? A spokesperson for the Chiang Mai Employment Office, Department of Work Permits responded: “If you work from home it's no problem, gardening, sweeping, painting, it's all fine. However, if you help others with the intention of making money from it, you are in violation without a work permit. He gave the example of someone who makes furniture at home. He gave a restaurant owner friend a set, no problem. His friend was enthusiastic about the furniture and asked for 10 more sets, of course for a fee, and that caused problems."
According to the Alien Labor Act Law BE 2551 (2008), anyone who does not have Thai nationality may not enter Thailand working for wages or compensation without express official permission, i.e. a valid work permit. This law also sets out the criteria for obtaining a work permit. When applying, the Labor Office examines whether the work can be done by a Thai, whether the foreigner is sufficiently qualified and whether the work fits the needs of Thailand. The applicant must also be sponsored by an organization or company.
jam
Things get complicated with the musicians in Chiang Mai. Some will receive a fee for making music, others - mostly temporary visitors - participate in jam sessions without being paid. It is then difficult for the authorities to determine who is and who is not breaking the law. The musicians who “jam” for fun also run the risk of being arrested and will have to prove that they have not been paid.
In the case of the musicians in Chiang Mai, the spokesperson points out the possibility that foreign visitors who want to work or "jam" can register with the Ministry of Labor Permits for a 15-day temporary work permit. It is easy to obtain, but you must of course take the time to follow the application procedure.
Abridged and free translation of an article in CityLife from Chiang Mai News.
I have the impression that certain clubs and people got a lot of attention (and money?) and that envy arose and that is why the police started to act against this.
I wonder … if now eg. Lady Gaga performs in BKK, does she also have a work permit?
Look, if people get paid for “jamming” then the police are right and everyone knows that. But there are also really just tourists who like music and just jam. Sometimes those tourists may even be professional musicians.
What if someone paid 50thb to use the instruments on stage? Then he / she is not at work, but practicing like fitness or something.
Chang Noi
So you see, own people first.
sometimes I wonder if foreigners still have rights.
Of course, Thailand has the right to require a work permit for foreigners if there is reason to do so. Not every foreigner can just start working in the Netherlands either.
What I left out in the posting is that the Labor Office man complained about other Thai agencies not complying with the rules. He specifically mentioned the foreign police volunteers, who never applied for a work permit in Chiang Mai.
Also here in Pattaya you can ask yourself whether everyone who "works" has a permit. Foreigners also regularly play in the Bleus Factory, what about the Russian ladies in a nightclub and then also the voluntary police? Instead of an official work permit, they will enjoy “police protection”, I think.
I worked in the voluntary police in Pattaya for a few years.
We weren't paid for that.
In fact, we had to pay for our uniforms ourselves.
The costs for telephone calls with the embassies that I made for people in trouble were also not reimbursed.
A mobile phone was available, but the credit was always used up.
probably they will have refused to reimburse the local police for their “tolerance”, seems to me already more common in thailand.
Jealousy is society's biggest problem and perhaps a Thai colleague complained and paid the police to act. Or have they refused to pay the police because then the turnips are sour. We are totally without rights and sometimes feel like an outboard Turk in the land of smile.
Well, the ordinary Thai is also totally without rights ….. and at least we foreigners can still go “home” …..
Chang Noi
If everyone adheres to Thai law, nothing is wrong. But we are so eager to impose our standards and behavior on the Thai, so it's a good thing that action is taken whether it concerns musicians or waiters or ladies in the bars. We don't have to influence the Thai culture with our tricks. Otherwise we will be eating Thai carrots and onions in the future because a couple of tourists like it so much. Greetings KICK
In connection with work permits, there was an interesting article in Pattaya Times (see Twitter corner), which translates something like this:
Recent reports of “Freelance” work permits issued in Phuket may be correct, but upon inquiry with the Chonburi Labor Department, it turned out that this is not the case for Chonburi.
The Chonburi office handles work permits for the province including Pattaya and the Chief Officer said these types of work permits are not issued. Instead, Chonburi has a temporary employment scheme, whereby a work permit can be issued for 30 days.
As with all new measures from "Bangkok", not all 78 provinces are able to implement new policy immediately. Something may be true in Phuket and Bangkok and not allowed in Pattaya or Chiang Mai.TIT (This is Thailand)!
The government is not as strict in enforcing work permit regulations as it was when unemployment among the Thai population was as high as 8 – 10%. Now unemployment is less than 1%. For most people who work from home via the Internet, there is nothing to fear. But if they earn money for that work, there is a tax obligation. Anyone, Thai or foreigner, who works in Thailand in any capacity and earns more than 100.000 baht per year in income must file a tax return using a Phor Ngor Dor 90 form.