Can I Change My Work Permit To A New Job

[ruds]

Happy Xmas to everyone,

I have been working for my present employer for the last 8 months with a work permit. The permit has been extended for 1 year but I have decided to call it day in order to pursue a personal business interest. I am the director of a company and would like to play a more active role in my business, so I am in need of a work permit for this. What are my options?

Do I have to cancel the present work permit and go through the process again or can I change the place of work on the work permit?

Any advice would be much appreciated

[ruds]

Obviously not an easy answer to this one. Anybody out there?

[Westerner]

The work permit is yours. I have heard it can be transferred when you change jobs but don't know how you go about it. I would suggest you go to the labour dept. and make some enquiries there. Good luck.

[distortedlink]

The work permit is not yours but pertains to your present job.

In the case of Asian non Thai workers, their present employer has to sign them out and the new employer, sign them in. Or if you become a director of your company, re-apply for a work permit that meets the requirements of having your own company. The rules for foreign company owners and for foreign employees are different.

The above is because most employers in Thailand take foriegn workers on a one year contract. Leaving the job without the present employer signing you out is breaking the contract.

Leaving the job and breaking the contract means you are here illegally.

The year contract rule is meant to protect Thai companies from foriegn workers contravening the work agreement, ensuring that the employee behaves while working for one year. Otherwise the Employer dont sign you out and you can be deported.

Best that you enquire at your local labour exchange, or with Immigration prior to changing your employment.

Edited December 16, 2007 by distortedlink

[stingray]

The work permit is yours. I have heard it can be transferred when you change jobs but don't know how you go about it. I would suggest you go to the labour dept. and make some enquiries there. Good luck.

Yes it's correct. You can transfer your work permit to the new company, without loosing the visa status. Do NOT cancel your work permit. Yust go and transfer to the new company. Doit quick, don't let your employer cancel your wp. I think you have 7 days.

[stevemiddie]

The WP can be transferred to a new or additional employer providing approval has been given by the original employer. This WP then has to be amended by the Ministry of Labour.

If you are dismissed from employment then you MUST return the WP to the Labour Department. Penalty for failure to do so is 1000 baht.

[stevemiddie]

The work permit is yours. I have heard it can be transferred when you change jobs but don't know how you go about it. I would suggest you go to the labour dept. and make some enquiries there. Good luck.

Do NOT cancel your work permit. Yust go and transfer to the new company. Doit quick, don't let your employer cancel your wp.

Stingray................if you are dismissed then you have NO option other than to return the WP to the Labour Office if in Bangkok or the Employment Office if you are in the provinces.

You can only transfer the WP to new employer if you have obtained PRIOR permission

Edited December 16, 2007 by stevemiddie

[Harley62]

Wait a minute! Are you saying that a Company that applied (and paid for) my work permit (for example) does NOT have the right to cancel it, if/when I leave the Company (no matter how long I worked there---1 month, or 1 year?), AND that I can utilize that SAME WP (until the expiry date) to work in a similar job? I thought WP's were VERY specific about the name of company, type of job, and time frame of the Foreigner-employee...

Please clarify, as this may apply to me directly.

H

[stevemiddie]

Wait a minute! Are you saying that a Company that applied (and paid for) my work permit (for example) does NOT have the right to cancel it, if/when I leave the Company (no matter how long I worked there---1 month, or 1 year?), AND that I can utilize that SAME WP (until the expiry date) to work in a similar job? I thought WP's were VERY specific about the name of company, type of job, and time frame of the Foreigner-employee...

Please clarify, as this may apply to me directly.

H

The above posters are incorrect on most of the points.

If you are dismissed from your current employer....you MUST return the WP to the local Labour Office.

You can only transfer the WP to a new employer if you have obtained PRIOR permission. This would not be likely given.

ALL changes on employment MUST be approved by the Labour Office by way of amendments to the WP.

[Harley62]

Yes! Thank you Steve--that is exactly what I thought (and was told elsewhere).

Way too much unsubstantiated rumor here.....not easy to "transfer" a WP from one company to another.

[Plod1]

A new postee, so please bear with me.

What about multple occupations. i.e I already have a WP for one job (part-time) but have the opportunity to work for someone else?

[raro]

to set some records straight in the above posts:

the WP is NOT yours, it belongs to the employer and he should keep it at your workplace.

In case that you are dismissed, your employer has to return the WP within 7 days and you have to leave the country 7 days after he did so as your visa automatically expires after returning the WP.

In the case of the OP, I've been through this very process 6 months ago.

The WP has to be returned to the labour department and at the same time applied for a new one. With the application receipt from the labour department you go to the immigration and get your visa cancelled. At the same time they will give you a 30 days "under consideration" visa that will be extended after the WP is granted. In any case, it is a NEW blue book and also a new visa!

The other question regarding several jobs in Thailand: AFAIK You can have only one blue book per province, but as many books as you like (for different provinces) and as many jobs in each book as you can bear. For each and every job in your WP you must qualify with the minimum requirements regarding Thai/foreigner ratio, minimum salary etc.

[stevemiddie]

Yes! Thank you Steve--that is exactly what I thought (and was told elsewhere).

Way too much unsubstantiated rumor here.....not easy to "transfer" a WP from one company to another.

You,re welcome

[chinadarling]

Your new employer maybe able to convince your old one to release you properly.

i expect if the new employer has some pull they can get it done anyway.

Choose your employers well

[astral]

Does you own company, where you are MD, have the status (capital, local employees etc) to apply for a WP on your behalf?

If so you may be able to transfer it but you will have to be quick.

Otherwise you start from the beginning again.

[cobalto]

I think you have 7 days.

That's correct. I am changing jobs starting next year so I know more or less the process. For my case it's easier, I am changing between companies under the same group so it is for their best interest to play it correctly otherwise I would have to travel abroad to apply for a new visa...

From what I understood you have 7 days to return your Work Permit to the Labour Dept and exit the country. If you already have another job, you need the termination letter from your current job + the usual docs to make the transfer. The date on the termination letter is the date the clock starts ticking.

I don't know much more because everything else is being handled by the company lawyer...

Good luck!

[ruds]

Thanks for the replies so far

What are the chances of me adding my new company to my work permit, as it is in the same province and then terminating my employment with my present employer?

Ruds

[singa-traz]

to set some records straight in the above posts:

the WP is NOT yours, it belongs to the employer and he should keep it at your workplace.

In case that you are dismissed, your employer has to return the WP within 7 days and you have to leave the country 7 days after he did so as your visa automatically expires after returning the WP.

...

Any reference available that the "WP is not yours"?

[Westerner]

to set some records straight in the above posts:

the WP is NOT yours, it belongs to the employer and he should keep it at your workplace.

In case that you are dismissed, your employer has to return the WP within 7 days and you have to leave the country 7 days after he did so as your visa automatically expires after returning the WP.

...

Any reference available that the "WP is not yours"?

The work permit is yours but it only applies to the job you got it for. It can be transferred (a colleague of mine did this) but I'm not sure how it's done.