Validity of Offer of Employment in Thailand

[veronica17]

I have a simple question regarding the value of Offer of Employment issued from a company-resident of Thailand (my employer now) to  a foreigner with Thai work permit (myself - current employee of this company). The Offer of Employment is done and signed by both sides on November 2018, meanwhile the Employment Agreement (which signature was postponed by 2months on request of the employer) is dated of January 2019.

Question: which date of employment is valid - that from Offer of Employment or from Employment Agreement?

[fletchsmile]

The date of your actual employment, i.e when you start, should be stated in your contract. That's usually the date your employment becomes effective is what usually counts.

 

The date you signed the offer doesn't usually matter. The date you signed the agreement and agree the terms and conditions could also be different from the date you actually start to be employed.

 

i.e you can accept an offer in Nov 2018. You can agree to the terms and conditions in Jan 2019. But you may not actually start work and be employed for days or even weeks after signing. 

 

So really for most purposes you want the start date in your contract when you agree to the terms and conditions of your employment

 

I wrote in "most cases", as it could depend on what you are looking at this for? What is the context?

[veronica17]

Thank you @fletchsmile for the detailed response! Much appreciated. I already found a good professional explanation from a local lawyer: in my case (lots of scattered days of agreements + I'm a foreigner, not local) the real date of employment equals to the date stamped in my Work Permit, since by Thai law I am not allowed to work without a work permit at all - with or without any agreements =). 

So, since there was a considerable break between Employment Offer and Agreement, what really matters is when my Work permit was issued, and it was issued in-between those two papers.

Edited October 16, 2019 by veronica17