Returning A Work Permit- Necessary Or Not?

[bokeh]

Upon advice, I'm reposting my problem in this forum in the hopes that someone reading here may have some experience in this matter. Or a recommendation for a lawyer. Fingers crossed, knock on wood.

(This is the link to the original thread: http://www.thaivisa.com/forum/Returning-Wo...l-t277622.html)

In my continuing saga of returning to work after a year's "retirement", the new twist is that the dept. secretary was just told (for the first time) by the work permit office today (in Bangkok- Dindang) that they will not accept my application for a work permit because I did not return my previous one. Of course, when I quit my job in June last year, the word was that it was not necessary to return the wp. That was confirmed by the dept. secretary at my previous employer. And there was a thread here by one person who was told directly by the wp office that his trip to return the wp was totally unnecessary. Back last June I had the letter of termination of employment, went to immigration and switched from the work extension to the retirement extension with no hitches at all.

The previous problem this time around was that the wp office wouldn't accept the application since it had "retirement" stamped by the visa in the passport, and immigration wouldn't grant any sort of extension since there were less than 21 days remaining on my retirement extension. So, I went to Vientiane to get a brand new non-imm B and everything was AOK. Then today...

(my previous post on this topic was: http://www.thaivisa.com/forum/Work-Retirem...l-t273584.html)

Does anybody know anything about this? Have the rules changed AGAIN? Or is this just a case of the particular individual she talked to today? (She's even more frustrated with those people than I am.) Does anyone know of a source of the actual regulation? I've seen the info on the link: http://www.dejudomlaw.com/index.php?option...09&Itemid=9

which was posted in the thread: http://www.thaivisa.com/forum/Documents-Ne...l&p=2589077

But it would be nice to have something official.

Any ideas on how to proceed? The secretary says that I have to go to the wp office by myself and get this cleared up. But I'm not keen on going there alone- just in case somebody there has unfriendly ideas. I'm considering hiring someone from one of the law offices to accompany me and try to get this cleared up once and for all. Any recommendations of law firms? There are plenty advertising here and in the papers but if anyone can recommend a place based on their experience, I'd very much appreciate it.

Help! This is getting "boring"! (Sigh!)

[thaiphoon]

You are getting a hard time because your work permit should previously have been returned to the Labour department in the province where your employer was located within 7 days of the date of your resignation. This is clearly stated under "Warning" on the last page of your work permit. I would suggest you talk to Khun Ex at Sunbelt (forum sponsor). He is very knowledgable and speaks perfect english. He has always been very helpful to me in the past and has resolved my work permit problems before.

[thaiphoon]

... and I can fully understand the Labour department refusing you a work permit when you presented them with a retirement visa, as you cannot work (or obtain a work permit) with this visa. It is not a case of the rules changing; it is a case of you not following the rules. Now you hold a Non-B visa this particular aspect is overcome. As mentioned in my post above, suggest you talk to Sunbelt about how best to resolve. Do you still have your previous work permit? I imagine one way or other the Labour department is going to want this back. You may also be fined 1,000 baht for failing to return your work permit. Chok dii.

[fozzy58uk]

When I went to the labour department on March 31 2008 to return my wp as I was not continuing my employment, I was told by the official that the rule had recently been changed and it was no longer required that the wp should be returned if the wp was expired. I offered him the wp, he refused it saying as my contract had expired and as I was not renewing it. the wp also expired and that I should keep it. He then advised me to go to immigration to get a 7 day extension of stay before leaving the country to sort out a visa for the future, which I did. I have not tried to get another wp so do not know what might occur in the future were I to do so. Perhaps the fact of the wp expiring is a factor here.

[thaiphoon]

I was told by the official that the rule had recently been changed and it was no longer required that the wp should be returned if the wp was expired.

Agreed, but if working legally in Thailand then your wp would still be valid - and hence it needs returning to the Labour department within 7 days of termination of empoyment. Yes to you needing to go to immigration within 7 days to change visa if on extension of stay.

[Mario2008]

Agreed, but if working legally in Thailand then your wp would still be valid - and hence it needs returning to the Labour department within 7 days of termination of empoyment. Yes to you needing to go to immigration within 7 days to change visa if on extension of stay.

There is no longer a grace period of 7 days, you have to go to immigration and leave the country the same day. However, you can get a 7 day extension from immigration for 1,900 baht.

[bokeh]

Thank you for the replies, thaiphoon and fozzy58uk. And thanks a million for the recommendation of Khun Ex, thaiphoon. I talked with him a short while ago and here is a progress report:

He thinks that the problem is that my former employer (another university) did not properly inform the labor dept.that I had resigned. They produced a letter for me to take to immigration but that was all, and nothing was mentioned about the labor dept (other than that I didn't have to do anything). Therefore, my name is still in the system at the labor office, and they won't issue 2 wps to the same person.

If that is, in fact, the case, then I have to fill out and sign a form saying that I no longer work at the previous place. He suggested that I copy the letter from the university and hand it in to the wp people together with the form. It seems a fairly simple thing to do, but I'm so rattled that I want Sunbelt to do this for me, no matter that I have to pay out of my own pocket. The peace of mind would be worth it. But Khun Ex said that some of these schools will not allow outsiders to do this sort of thing for their employees. So, I'm going to check this with the Deputy Director and if it's OK with the university, I intend to send some business Sunbelt's way- VERY soon.

Then I'll write a follow-up report in the hopes that it may be of some benefit to someone else in the future.

Thanks, guys.

[thaiphoon]

Glad to hear that you are making progress. Hope you manage to get matters resolved soon.