The Timing Of A New Work Permit Application

[zaphodbeeblebrox]

Under the old Working of Aliens Act (2521), it was quite clear that an employer had 30 days from a foreigner starting employment, within which to apply for a work permit. Also, once the application was submitted, the foreign employee could legally work while the application was pending. (Section 10 from prior Act)

Two years ago, the Working of Aliens Act (2551) repealed the prior law and its amendments. Now, there is a lot of gray area as to when the employer must submit the application for a work permit for a foreign worker. It seems the current language is "without delay" but is subject to ministerial regulations which, of course, have not yet been adopted. The MOL is given 7 days from the date of application within which to issue the work permit.

Section 12. In granting an alien entering and engaging to work in the Kingdom under the law on promotion of investment or other laws, the grantor under such laws shall promptly notify such permission in writing to the Registrar together with the details as prescribed by the Director-General.

Upon the receipt of such notification in the previous paragraph, the Registrar shall issue such alien the permit within 7 days as from the date of such receipt.

Pending the issue of permit, the applicant shall be allowed to engage in such work and exempted not to perform under Section 24 until the date the Registrar notify such issuance.

I recently was looking for new employment and was surprised that many employers were taking the position that they would not apply for work permits until the successful completion of a 90 day probationary period. (Frankly, I was surprised at how many employers, and schools were claiming this as a policy). Under the prior law, this was a clear violation. A few of these employers told me that the new law has some conflicting provisions and that application for a work permit within the first 90 days of employment might be a violation of the law.

My read on this is that a 90 day waiting period is a violation of both the old law and the new law. I think the "promptly notify" language merely substituted for the prior 30-day requirement. Essentially, a company can employ a foreign worker for up to 30 days (15 + 15 day extension) by submitting a WP-11 form. Once the employer intends to take employment beyond that length of time, the employer must apply for a work permit. Having the foreign employee work beyond 30 days, without a work permit application being submitted, seems to be contrary to law.

I am in a position now to change my company's policy. The company I work for has a policy of requiring successful completion of a 90-day probationary period as a prerequisite to submitting a work permit application for foreign workers. Does anybody have any opinions or informed advice on this?

[Mario2008]

I read section 9 as prohibiting working without a WP, unless there is a necessity, such as doing urgent repairs.

Section 12 might refer to foreigners working under special investment laws, in essence persons working for companies that can use he one-stop service center.

Just my two setangs.