Closing company end of year, work permit still valid after closing?

[azzipyum]

The company which granted the work permit is closing. All paperwork submitted to revenue department. Work permit is valid for several more months though. Is continuing to do work stated on work permit for another non registered small business, ok? If not, what are the possible, likely penalties?

[BritTim]

If the company is no longer employing you, the work permit (and any extension of permission to stay based on it) cease to be valid. Based on your post, it seems the company does not intend having any employees past the end of the year, so I assume you will no longer be employed.

[KamnanT]

The company is closing, so logically your employment must be being terminated. If you are on an extension of stay for employment, that extension will expire on your last day of employment. The day after your last day of employment is your first day of overstay.

You may go to Immigration and request a further extension, which will be declined but will give you another 7 days to depart before you are on overstay.

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[jackdd]

The day the company closes you are no longer employed there so the work permit is no longer valid. If you have an extension of stay based on this work permit this extension will also no longer be valid as well.

You said end of this year, if this means the company does officially close on 31.12. and you are on an extension based on working here you have to leave the country before this date.

You can apply for an extension, which will be denied, but they will give you 7 days to leave the country, like this you have one more week to leave the country without being on overstay.

The work permit is only valid for work at the company named in it, if you do any other work in Thailand you are working illegally.

Here you can see the fines for working without a work permit: https://www.bakermckenzie.com/en/insight/publications/2018/04/new-amendments-to-the-work-permit-law

 

[azzipyum]

Ok, thanks for the info. I hadn't really thought it through. I thought I could at least have the time left on the visa to apply for another type, retirement or marriage. Because how does immigration know at the time I exit Thailand that the company I worked for has since closed? 

[BritTim]

1 hour ago, azzipyum said:

Because how does immigration know at the time I exit Thailand that the company I worked for has since closed?

Immigration almost certainly will not know, and if you want to remain illegally in the country after your permission to stay is technically terminated, that is up to you. Later contact with a Labor Office or Immigration Office could reveal that you were in the country illegally, so bear that in mind before taking such a risk.

 

I do want to clarify one point which I think is unclear to you (but which, if your wording is correct, could mean the termination of your work permit does not matter). Your permission to stay in Thailand is not a visa. Your current permission to stay may have been given in one of two ways:

• You may have received it (probably for 90 days) when you entered Thailand using a visa. In that case, your permission to stay is not tied in any way to a work permit. Indeed, if you have a multiple entry Non B visa, you may continue to leave and re-enter Thailand as often as you like until the visa's Enter Before date has expired.
• (Most often for those working) your company acquired a work permit for you, and you subsequently received an extension of your permission to stay (often for one year) based on the work permit and some other requirements. In that case, your permission to stay is directly tied to the work permit, and ceases to be valid when your employment ends.

Thus, be clear about the basis on which you are legally in Thailand, and act accordingly.