<Do illegal foreign workers qualify as workers?>
A is a foreigner with Thai nationality. A entered the country on a technical training visa and signed an employment contract with Company X, working in a labor position at X's factory, without a valid work visa.
One day, A was injured at work when a workbench toppled over, causing bladder rupture and other injuries.
Company X is subject to the Industrial Accident Compensation Insurance Act.
Q-1. A does not have a valid work visa as an illegal foreign worker. The employment contract between A and Company X was signed in violation of the employment restriction under Article 18 of the Immigration Control Act. In this case, is the employment contract between A and Company X void?
A-1. Article 18 of the Immigration Control Act aims to prohibit the factual act of employing a foreigner without a valid work visa, not to prohibit the legal effects of the rights and labor relations based on the worker's status under labor laws for the work actually provided by the foreigner without a valid work visa.
Therefore, even if the employment contract is signed in violation of the employment restriction, it is not automatically void. However, unless it is an established employment relationship, the employment relationship with A, who does not have a valid work visa, is suspended, and Company X and A can terminate the employment contract at any time due to A's lack of a valid work visa.
Q-2. Can A receive medical benefits under the Industrial Accident Compensation Insurance Act, even though A did not have a valid work visa at the time of the injury?
A-2. Even though A did not have a valid work visa at the time of the injury, as long as the employment contract between A and Company X cannot be considered automatically void, A is considered a worker under the Labor Standards Act, having provided labor to Company X and received wages at the time of the injury. Therefore, A is eligible for medical benefits under the Industrial Accident Compensation Insurance Act.