Work permit for second employment

[kdefay]

So here's the background...

 

I am currently employed with Suan Dusit University and have a work permit.  I am also on an extension of stay based on marriage from a Non-O visa.  My wife and I have a registered company that is fully capitalized and legit.  This week, she went into the labor office to get me a work permit through our company.  This would normally involve simply adding the second employer to the current work permit book.  She almost had everything sorted and was ready to get a stamp when one of the workers decided to call Bangkok because they weren't sure of the correct fee to charge. The person in Bangkok then told them that apparently I am unable to get the second work permit due the fact that my other employment is with the government (suan dusit). 

 

In all my research prior to forming the company and also talking to a lawyer in Chiang Mai, this issue never once came up.  Has anyone else ever heard of this?  Should I consult with a lawyer to see if they can nudge things through the system the Thai way?

[kdefay]

Additionally, I am an officer and 49% shareholder of our registered company and I am being told by the labor office that I can't get a work permit for the reason stated in the original post.

[ubonjoe]

I have never heard of there being a restriction to getting added to a work permit if working at a government school.

You do need to have permission from your employer to be added to the work permit.

[kdefay]

42 minutes ago, ubonjoe said:

I have never heard of there being a restriction to getting added to a work permit if working at a government school.

You do need to have permission from your employer to be added to the work permit.

Do you mean I should get the school to issue a document to authorize the addition to the work permit?

[kdefay]

Update...

 

After the strange rejection from Bangkok yesterday, my wife received a call from the labor office this morning.  It's refreshing to see that the case wasn't simply dropped after she walked out.  The wheels kept turning and the local head of the labor department personally called to apologize and inform my wife that they will approve the work permit.  There was no valid reason for them to turn it down.  We have done everything that is required and it was like being punched in the gut yesterday.  For those that may receive similar unfair rejections, don't just give up if you know that you are right.  Keep pushing (nicely) because not everyone working in those offices knows the rules to the same degree.

[lordblackader]

They changed the rules about two years ago - you don't need to declare a second or third job, you can legally do so as long without declaration as long as it's not a Thai-only job,

[kdefay]

53 minutes ago, lordblackader said:

They changed the rules about two years ago - you don't need to declare a second or third job, you can legally do so as long without declaration as long as it's not a Thai-only job,

@lordblackader I am aware of that rule change, but I don't think it applies well in my case.

 

I intend to use the taxes paid from a monthly salary on the business to meet the financial requirement for my Non-O visa.  In order to pay taxes on that income, we have to be approved by the labor department.  In this case they will simply add a stamp to the current book I have that was originally issued for the teaching job.  Also, the business will be the longer-term source of employment.  The teaching job is something that I will stop in about a year.

 

Another question I need to get answered is what to do when I end the teaching job.  The school name is in the current work permit book.  I assume that I probably need to go to the labor dept and have them issue a new book that lists our company as the primary employer.

 

 

Edited October 20, 2020 by kdefay

[Cutty Shark]

4 hours ago, lordblackader said:

They changed the rules about two years ago - you don't need to declare a second or third job, you can legally do so as long without declaration as long as it's not a Thai-only job,

This is good news which I hadn't heard.  I'd appreciate if you could provide a link to this rule or direct me where to look it up.

[lordblackader]

https://duensingkippen.com/thailandbusinesslawblog/?p=270

 

https://thepattayanews.com/2018/07/29/thailand-changes-work-permits-with-a-work-permit-one-can-now-work-in-a-permitted-job-anywhere-at-any-time/

 

https://www.thephuketnews.com/new-work-permit-rules-confirmed-by-phuket-employment-office-chief-68463.php

[Cutty Shark]

18 hours ago, lordblackader said:

https://duensingkippen.com/thailandbusinesslawblog/?p=270

 

https://thepattayanews.com/2018/07/29/thailand-changes-work-permits-with-a-work-permit-one-can-now-work-in-a-permitted-job-anywhere-at-any-time/

 

https://www.thephuketnews.com/new-work-permit-rules-confirmed-by-phuket-employment-office-chief-68463.php

Thank you.

[kdefay]

Update #2...

 

So the work permit has been issued and now we are facing a new issue.  Our accountant is telling us that since we are so late in the year, there won't be enough "income" to be required to pay any taxes.  Keep in mind that this accountant doesn't have much (if any) experience doing this for a foreigner.  Perhaps someone knows the answer to this, but it seems to me that you pay the taxes anyway to get the documentation, and if you have overpaid based upon what you owe, you will be issued a refund by the revenue department. 

 

Does anyone know the answer to this?

[ubonjoe]

You can pay the taxes even if your income for the year is enough to require it.

[ricklev]

On 10/20/2020 at 4:43 PM, lordblackader said:

https://duensingkippen.com/thailandbusinesslawblog/?p=270

 

https://thepattayanews.com/2018/07/29/thailand-changes-work-permits-with-a-work-permit-one-can-now-work-in-a-permitted-job-anywhere-at-any-time/

 

https://www.thephuketnews.com/new-work-permit-rules-confirmed-by-phuket-employment-office-chief-68463.php

I wonder if it has played out at all labor offices as described when the law was first passed.  I haven't seen many updates.  

[kdefay]

23 hours ago, ubonjoe said:

You can pay the taxes even if your income for the year is enough to require it.

That was my assumption and was a bit surprised by this response from the accountant.  As this accountant doesn't have much experience with situations like ours, I think her first reaction was something like why would you pay more taxes than you need to.  My wife contacted her back and explained more clearly what we needed and she agreed to do it for us.  We are in Lampang, so the accountants here just don't have much exposure to farang employment.  For the time being, things are back on track.  Thanks again for you quick responses and great advice, @ubonjoe.