TheJalapenoKid Posted August 31, 2009 Share Posted August 31, 2009 Hi I have been thinking of doing a bit of English tutoring here in Ubon. After lots of messing about with WP applications and getting nowhere, i was advised by the Office of the Private Education Comission in Bangkok (via telephone) that so long as the class size was 7 or under a WP is not necessary...... can anyone verify this??? can't think why i have these trust issues... TJK Link to comment Share on other sites More sharing options...
thaicbr Posted August 31, 2009 Share Posted August 31, 2009 complete <deleted> on the part of the P.E.C Link to comment Share on other sites More sharing options...
ubonjoe Posted August 31, 2009 Share Posted August 31, 2009 I don't trust anything as important as this issue is without it being written. Verbal does not do it for me. It is working so you should have a work permit. Link to comment Share on other sites More sharing options...
thaiphoon Posted August 31, 2009 Share Posted August 31, 2009 Yes, you need a work permit. Link to comment Share on other sites More sharing options...
TheJalapenoKid Posted August 31, 2009 Author Share Posted August 31, 2009 Many thanks for your replies, don't get me wrong, i am not being ungrateful for the info, quite the opposite, but is your advice based on fact or opinion? Totally agree with you... need to get a hard copy for sure.. some form of letter. Whenever i ask my missus for such help with the government it is met with a funny look as though such a thing is impossible.... i even said i would drive to BKK to collect it! Last thing i want is to be in the local mafia's pocket! TJK Link to comment Share on other sites More sharing options...
thaiphoon Posted August 31, 2009 Share Posted August 31, 2009 (edited) The definition of work from the Dept. of Employment. http://www.doe.go.th/service3_en.aspx 1. Definition "Alien" means a natural person who is not of Thai nationality; " Work " means to engage in work by exerting energy or using knowledge whether or not in consideration of wages or other benefits. Have a look at the Alien Working Act 2551], particularly Section 9 onwards that refers to Work Permits. Edit: Link repaired Edited August 31, 2009 by thaiphoon Link to comment Share on other sites More sharing options...
BboyRusty Posted August 31, 2009 Share Posted August 31, 2009 The definition of work from the Dept. of Employment. http://www.doe.go.th/service3_en.aspx1. Definition "Alien" means a natural person who is not of Thai nationality; " Work " means to engage in work by exerting energy or using knowledge whether or not in consideration of wages or other benefits. Have a look at the Alien Working Act 2551 , particularly Section 9 onwards that refers to Work Permits. I have to say that I'm all for everything being above board, yet the definition to me seems somewhat a little generalised ! What doesn't take exertion of energy coupled with knowledge? One example, I love to dance If I go out somewhere and decide i am going to dance, whether it may be in a club or in the street, with others that are dancing then I am liable ? Some may think stupid question but the danc I engage in is 'breakdancing' and I have danced before with others who were busking but who decides whe that fine line is crossed from doing something of pleasure and work and how is it gauged. I believe I know the possible responses but anyone like to elaborate in a sensible and logical manner would be appreciated.Ta Link to comment Share on other sites More sharing options...
TheJalapenoKid Posted August 31, 2009 Author Share Posted August 31, 2009 ok many thanks... that sounds more realistic... so are they trying to set me up for a fine or do they just not care.... I have been Thailand for nearly 2 years and everyday i still say "now i have seen everything"... I'm not a gullible person but am just finding it hard to believe that they would say that when it is 100% incorrect... yes and i know its the government and what you hear is crap but this is a situation where they are actually saving ME time and money!?!?! Link to comment Share on other sites More sharing options...
Mario2008 Posted August 31, 2009 Share Posted August 31, 2009 The definition of work from the Dept. of Employment. http://www.doe.go.th/service3_en.aspx1. Definition "Alien" means a natural person who is not of Thai nationality; " Work " means to engage in work by exerting energy or using knowledge whether or not in consideration of wages or other benefits. Have a look at the Alien Working Act 2551 , particularly Section 9 onwards that refers to Work Permits. I have to say that I'm all for everything being above board, yet the definition to me seems somewhat a little generalised ! What doesn't take exertion of energy coupled with knowledge? One example, I love to dance If I go out somewhere and decide i am going to dance, whether it may be in a club or in the street, with others that are dancing then I am liable ? Some may think stupid question but the danc I engage in is 'breakdancing' and I have danced before with others who were busking but who decides whe that fine line is crossed from doing something of pleasure and work and how is it gauged. I believe I know the possible responses but anyone like to elaborate in a sensible and logical manner would be appreciated.Ta You have to read it of course in the context of what it is trying to regulate, that is working it doesn't tries to regulate what you do when you go out. Link to comment Share on other sites More sharing options...
ubonjoe Posted August 31, 2009 Share Posted August 31, 2009 ok many thanks... that sounds more realistic... so are they trying to set me up for a fine or do they just not care....I have been Thailand for nearly 2 years and everyday i still say "now i have seen everything"... I'm not a gullible person but am just finding it hard to believe that they would say that when it is 100% incorrect... yes and i know its the government and what you hear is crap but this is a situation where they are actually saving ME time and money!?!?! Lack of knowledge I would guess. Perhaps they were giving you information for a company or a business needing a license or something like that. The Department of Employment are the people who can give advice on work permit requirements. Link to comment Share on other sites More sharing options...
TheJalapenoKid Posted August 31, 2009 Author Share Posted August 31, 2009 any more sensible answers please? Thaiphoon seems to be on the right path.... There is a difference between someone getting pulled up for dancing and someone getting pulled up facing a 50,000B fine and possible jail sentence/deportation... Sorry Mario, dancing may be be very important to you but i'm just looking for an answer regarding where the Office of the Private Education Commission is coming from. TJK Link to comment Share on other sites More sharing options...
TheJalapenoKid Posted August 31, 2009 Author Share Posted August 31, 2009 many thanks Ubonjoe... in Ubon myself, maybe bumped into you already?!?!? Link to comment Share on other sites More sharing options...
TerryLH Posted August 31, 2009 Share Posted August 31, 2009 The Primary Education Commission has nothing to do with WP's. If you really want another answer, since you obviously don't believe the answers you solicited, contact your local Dept of Labor office yourself. After you do that, please let us know what you find out. Link to comment Share on other sites More sharing options...
TheJalapenoKid Posted August 31, 2009 Author Share Posted August 31, 2009 ok thanks... i'm not saying i don't believe, i just want to be sure... at the end of the day it is at least 5,000B i would be saving! This is the first time applying for such a thing, not to be cautious would be foolish...no? TJK Link to comment Share on other sites More sharing options...
ubonjoe Posted August 31, 2009 Share Posted August 31, 2009 many thanks Ubonjoe... in Ubon myself, maybe bumped into you already?!?!?Just trying to give a straight answer. You will learn that people will often give you an answer because they don't want to say the words "I don't know".Don't get into the city very often. Live about 85K out of town. It sounds like maybe you have a Thai wife. If so she can set up a business as a sole trader and you could get a work permit based upon that. You would only need 2 employees. You might try checking with the Department of Employment in Ubon to see about doing it that way. It won't get you an extension of stay for this kind of business but if married to Thai it would work since you don't need to meet the requirements for an employment extension. Good Luck Link to comment Share on other sites More sharing options...
TheJalapenoKid Posted September 1, 2009 Author Share Posted September 1, 2009 Hi Ok rang DoE this morning... YES was the answer! I would guess the guys at MoE wouldn't even know what day it was! Thanks for all your replies..... TJK Link to comment Share on other sites More sharing options...
UbonTaz Posted September 1, 2009 Share Posted September 1, 2009 What type visa do you have? If it is a tourist visa you are not allowed to work so wouldn't be eligible for WP. Working at the internet shop you should already have a WP to do that. If you teach at a school, even then there are a lot of requirements for you and the school in order to get a non-imm visa and WP. Is the business in your name? If so you should already have a WP. If not and you are an employee I believe you must be able to show a certain salary to be eligible for WP. Link to comment Share on other sites More sharing options...
TheJalapenoKid Posted September 1, 2009 Author Share Posted September 1, 2009 Hi UbonTaz Got a Type O Non-Immigrant Visa. Don't work at the internet shop, just live here. Don't work at a school and i am also telling the DoE that it is NOP a school, just some private tutoring to help the local kids (who come in the shop) with their English, and make a few pennies for doing it. Business is a Ltd company, Myself and 2 x Thai people (Thai being the majority), and i am not an employee....... Earlier i rang the local government (last time rang BKK) and they also say that if a class size is under 7 i will have no problem. When i asked them to put it in writing, the answer was again... NO! ...Sounds fishy to me. After that i rang the DoE here in Ubon, they said if i got a regular WP (through my company), it would cover me for tutoring less than a class of 7. Again "can i have that in writing please?"...NO! Do they just not give a s**t here in Ubon? They even mentioned a farang that they know of who is private tutoring kids NEAR their Government building! Baffled...... Again, thanks for the help... TJK Link to comment Share on other sites More sharing options...
UbonTaz Posted September 1, 2009 Share Posted September 1, 2009 TJK, I know your situation. Been by to visit a few times. What it sounds like is that who you are asking isn't sure or doesn't know. All of the foreign tutors I have known over the time in Ubon just did it under the table. No business license no WP. I don't know of anyone in Ubon ever getting a WP for private tutoring but that don't mean its never happened. One guy actualy had a shop but never registered the business or got a WP for what he was doing. He got his WP by volunteering at a school. All the tutoring shops in town are Thai owned and operator and some have foreign teachers working for them. I think you will experience more frustration before this is settled. Link to comment Share on other sites More sharing options...
BboyRusty Posted September 1, 2009 Share Posted September 1, 2009 any more sensible answers please? Thaiphoon seems to be on the right path....There is a difference between someone getting pulled up for dancing and someone getting pulled up facing a 50,000B fine and possible jail sentence/deportation... Sorry Mario, dancing may be be very important to you but i'm just looking for an answer regarding where the Office of the Private Education Commission is coming from. TJK Firstly thank for your response Mario! I apologise for the thread jacking with asking a question which is relevant to me, but as it seemed of a similar nature I though <deleted>. I did also think that you had received replies which made things clear, but as usual things are not so clear cut. And dancing is important to me, considering it is one of my livelihoods, not Mr Mario he was just kindly pointing out what was required for me. Hope you gain clarity on your situation. Thanks Rusty Link to comment Share on other sites More sharing options...
TheJalapenoKid Posted September 1, 2009 Author Share Posted September 1, 2009 any more sensible answers please? Thaiphoon seems to be on the right path....There is a difference between someone getting pulled up for dancing and someone getting pulled up facing a 50,000B fine and possible jail sentence/deportation... Sorry Mario, dancing may be be very important to you but i'm just looking for an answer regarding where the Office of the Private Education Commission is coming from. TJK Firstly thank for your response Mario! I apologise for the thread jacking with asking a question which is relevant to me, but as it seemed of a similar nature I though <deleted>. I did also think that you had received replies which made things clear, but as usual things are not so clear cut. And dancing is important to me, considering it is one of my livelihoods, not Mr Mario he was just kindly pointing out what was required for me. Hope you gain clarity on your situation. Thanks Rusty This is a joke right? Am i in cloud f***kin cuckoo land or Thailand or both? @ UbonTaz... many thanks, i think you are correct, will keep digging.... only thing is i don't work part time for a school... thanks again Link to comment Share on other sites More sharing options...
PeaceBlondie Posted September 1, 2009 Share Posted September 1, 2009 AFAIK, a private independent tutor can't get a WP if he's not an employee as a tutor. Never heard of it being done legally. Link to comment Share on other sites More sharing options...
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