One Month Wait For A Wp

[pj123]

I Have been offered a job in BKK. I am on a marriage extension visa which expires in June 2010 so my new employers know that they only need to obtain a WP for me. I do not require a visa. They want me to start without the WP and have said that it will take a month to process the WP. Is this usual? I would like to push them to do this quicker. They have a number of farang on WPs working for them so this isn't the first time they have dealt with this.

[thaiphoon]

I assume you mean you are on 12 month extension of stay based on marriage obtained from Thai immigration (there is no such beast as a "marriage extension visa") which also allows you to apply for a work permit. It does not take a long time for the Labour Department to issue a work permit if your employer is organised. Generally a few days, maybe a week at outside, so you should press your employer for action. Be aware that working in Thailand without a work permit is illegal, and if caught the penalties can be severe (jail time) but usually reduced to fine and deportation. You do take the risk if you start working before your work permit is in place.

[TerryLH]

"Is this usual?"

Yes, unfortunately it is.

I've been told that once you've applied for the WP that the Labor Office is satisfied and allows you to work. How true that is all over, I don't know.

It's very common for folks to work while they're waiting for the WP to be processed. Lots of schools don't even apply for one until after they are satisfied you'll be there past your probation period.

I think what thaiphoon said is a bit over the top, but there is a slight risk.

Ask some of the other people working at the place what they did while their WP's were being processed. That should give you an idea of the norm there.

[thaiphoon]

Section 51 of Alien Working Act 2551

Any alien engaging in the

work without permission shall be subject

to an imprisonment of not exceeding 5

years or a fine from 2,000 baht to 100,000

baht, or both.

In the case the alien accused committing

an offense under paragraph 1 agrees to

return their country within the period of

the investigation but not exceeding 30

days, the inquiry official may impose a

fine and proceed with the return of such

alien.

[TerryLH]

Section 51 of Alien Working Act 2551

Any alien engaging in the

work without permission...

That was one of my points. I was told by one office that once I applied for the WP I was okay to work until such time as the application was denied.

I took them at their word for it, and have seen over the years that it seems to be the same all over.

I won't argue that the law could be used against someone, technically, but I don't see it happening. Do you? I suppose if you really pissed someone off you might get some heat, but over many years here I've never seen it happen.

I'm not promoting anyone doing anything illegal. Since I was told it was OK once the WP was applied for, I've taken it to mean that it is legal.

Besides, how many people actually wait until they get the WP in their hands before they start work. I would think that for every person who does wait, there are hundreds, if not thousands, who don't.

I suppose in the end each person has to look at their particular situation and assess the risk.

There are many risks facing us living here, but I'd rate this one way down the list.

This is, of course, just my opinion. No need to cite more laws. Not interested in arguing about this.

The OP has now heard a couple of opposing views on the matter. It would be interesting to hear what the OP's employer has to say about it. I assume they have some direct experience in this kind of thing.

[thaiphoon]

Don't disagree with what you are saying in general terms. But what is the definition of working "without permission". Is applying for a WP sufficient. From what you have heard you are saying it is. From what my company lawyers/advisers have said (and also some other thai company owners in the forum) it is not. And that is the problem generally in Thailand that laws are vague and are ultimately left to the discretion of the appropriate officer to interpret. I agree the risk of being caught is probably low, but it would be wrong not to flag up what the consequences of working without proper paperwork could be. At the end of the day the Op has of course to make his own decision as to what he wants to do.

[thaiphoon]

Ok, think I have bottomed this one out, from legal position.

From BOI website: http://www.boi.go.th/english/how/legal_iss...n_investors.asp

2. Work Permits

The Alien Occupation Law, adopted in 1973, requires all aliens working in Thailand to obtain a work permit prior to starting work in the Kingdom. An updated version of the Act, adopted in 1978, describes the procedures for issuance and maintenance of work permits and lists certain occupations from which foreigners may be excluded.

But in practice .....

[TerryLH]

"At the end of the day the Op has of course to make his own decision as to what he wants to do."

Yes. I totally agree with that.

[pj123]

I assume you mean you are on 12 month extension of stay based on marriage obtained from Thai immigration (there is no such beast as a "marriage extension visa") which also allows you to apply for a work permit. It does not take a long time for the Labour Department to issue a work permit if your employer is organised. Generally a few days, maybe a week at outside, so you should press your employer for action. Be aware that working in Thailand without a work permit is illegal, and if caught the penalties can be severe (jail time) but usually reduced to fine and deportation. You do take the risk if you start working before your work permit is in place.

Thanks for that. Correct, I have a 12 month extension of stay based on marriage. I thought a month was too long to wait for a WP. I will push them to speed up the process.

[olsen]

Earlier I worked for my own company in Pattaya and while I was waiting for my WP to be approved I did some work at my office and was then approached by an Immigration Offiver who asked me for my WP. I said I was still waiting. Then he asked me to follow him to the Immigration. There I was arrested, jailed and after the court hearing I was fined and deported. This cost me 3 days in a Thai jail, 150,000 THB for a oneway ticket and fine and lawyer salary!!

My advice: DON'T WORK WITHOUT A WP!!!