What Type Of Visa During Probation?

[live]

so in my case, I will go the the company, ask them to provide me documents for non-b visa, then I go back my country, get a new non-b visa come to thailand again , and apply for WP, and then start my probation , is that right?

PS: is probation period a standard 3 month only ? or totally depends on company? what ever how long they want?

No get the paper work from the company + the receipt which proves your WP has been applied for and then go and get your Non-imm B.

I am 90% certain if you get your non-imm B and come back to Thailand and then apply for the WP, the company will not do the application for you, and you will be working illegally, just having a Non-imm B on its own does not allow you to work..the WP (Blue book) is the key

Probation is typically 3 months

I see, with this WP applied by company proof, I went back to my country and get my non-b.

thank you very much for your information !!

[Arkady]

This concept of working while your WP applicant is still under consideration is arrant nonsense. Under the 2008 Working of Aliens Act the only exemptions from the requirement for a valid WP are diplomats, employees of multinational agencies and people coming to do emergency work (usually at the request of the government) for no more than 15 days. All other cases of working without a WP are punishable with a fine up to 100,000 baht and up to 5 years in prison for the employee and a fine of up to 100,000 baht for the employer (but not prison). Now you understand why employers are willing to ask you to work while on probation or under consideration - their risk is much less than yours! Be warned. When in doubt, don't listen to hearsay, read the law which I have attached in translation.

Working of Aliens Act 2008.pdf

[Madivad]

Sales/marketing....

Selling timeshare?

[PoorSucker]

Sales/marketing....

Selling timeshare?

No brain needed.

Work permit needed.

[Madivad]

I just couldn't think of a reputable business trying to make this offer: "Yep, work illegally for me for 6 months, and if you're still alive, haven't been deported or wound up in jail, I'll make your job legal."

Having experience in the hotel business, I see these time share guys (and girls) come in all the time on promises...

DON'T DO IT.

[TimeBandit2]

Can we have a little dose of reality here?

Companies, especially Thai companies, simply will not start a work permit and Non-B before you begin working there.

They don't care that it's illegal, they're dicks and that's the way it is.

If you make a stink they'll probably just hire someone else instead that is willing to work on a tourist visa.

Edit: The employer is actually much more accountable under the law than you are if you get caught - they're supposed to receive huge fines and jail time. What actually happens is they send their lawyer down to your cell to get to sign a statement saying they had nothing to do with and it was all your fault, so that you take the fall.

[Mario2008]

The law only permits a jail sentence for the employee, not for employers. The employer only faces a fine.

[philipwooduk]

One other point regarding the Probation period can only be up to a maximum of 119 days - check with the Labour Department, quick phone call to them, by a someone who speaks Thai, can sort out most of your questions.

As everyone says above, you the employee will come off worst if things go wrong.

Cheers

[sirchai]

You need to apply for the Work Permit before starting work.

You also need the appropriate Visa before starting work.

You need to have a work permit, which also means you'll have to come up with a contract, before you can even apply for the needed type of visa, mostly a Non-B.

If they can't give you a contract, please consider to look for another job. Something sounds really odd. :jap:

[jazzbo]

The Labor Laws have been accurately quoted and referenced herein ... then there is the notion 'What if the Labor Ministry or the Police find out?'

I am not referencing the current situation but in other cases the relevant officials might already know ... and there is an agreement between a well-established company and the relevant local officials that the employer wants to 'test-ride' the new employee for a few months before putting everyone through the Work Permit process ...

[pharang]

By the way, the longest legal prabationary period for a new employee (any new employee, any nationality) is120 days. After that, you are an official employee and they will need to pay severance if you are unfairly terminated.

Also, if they employ you as stated in your query, they are also breaking the law and subject to serious fines. Which will soon be increased. Good luck

[live]

Can we have a little dose of reality here?

Companies, especially Thai companies, simply will not start a work permit and Non-B before you begin working there.

They don't care that it's illegal, they're dicks and that's the way it is.

If you make a stink they'll probably just hire someone else instead that is willing to work on a tourist visa.

Edit: The employer is actually much more accountable under the law than you are if you get caught - they're supposed to receive huge fines and jail time. What actually happens is they send their lawyer down to your cell to get to sign a statement saying they had nothing to do with and it was all your fault, so that you take the fall.

So is that true all most local Thai company when they hire foreigner , just like my situation? don't do WP in the first place, "test" you a few month, if you pass then they will start to apply WP for you?

[live]

By the way, the longest legal prabationary period for a new employee (any new employee, any nationality) is120 days. After that, you are an official employee and they will need to pay severance if you are unfairly terminated.

Also, if they employ you as stated in your query, they are also breaking the law and subject to serious fines. Which will soon be increased. Good luck

Thank you for mention the maximum date, not longer than 4 months. During this I am not yet the official employee to them right? But I should still holding WP , is that correct?

[pharang]

Can we have a little dose of reality here?

Companies, especially Thai companies, simply will not start a work permit and Non-B before you begin working there.

They don't care that it's illegal, they're dicks and that's the way it is.

If you make a stink they'll probably just hire someone else instead that is willing to work on a tourist visa.

Edit: The employer is actually much more accountable under the law than you are if you get caught - they're supposed to receive huge fines and jail time. What actually happens is they send their lawyer down to your cell to get to sign a statement saying they had nothing to do with and it was all your fault, so that you take the fall.

So is that true all most local Thai company when they hire foreigner , just like my situation? don't do WP in the first place, "test" you a few month, if you pass then they will start to apply WP for you?

Any type of Company ( Ithink there are 6 types?), Thai or Amity treaty must process the work permit before you can start. Also, I think you need to get a letter of permission to work from the Labor dept. while the W.P. is under consideration.

[live]

One more thing,

What if the company says, "we are not sure if you are able to work as this position or not, so we cannot apply for WP for you unless we make sure that you can do this job. so we need to test you, ask you to work for a few month and let see" ?

[live]

Can we have a little dose of reality here?

Companies, especially Thai companies, simply will not start a work permit and Non-B before you begin working there.

They don't care that it's illegal, they're dicks and that's the way it is.

If you make a stink they'll probably just hire someone else instead that is willing to work on a tourist visa.

Edit: The employer is actually much more accountable under the law than you are if you get caught - they're supposed to receive huge fines and jail time. What actually happens is they send their lawyer down to your cell to get to sign a statement saying they had nothing to do with and it was all your fault, so that you take the fall.

So is that true all most local Thai company when they hire foreigner , just like my situation? don't do WP in the first place, "test" you a few month, if you pass then they will start to apply WP for you?

Any type of Company ( Ithink there are 6 types?), Thai or Amity treaty must process the work permit before you can start. Also, I think you need to get a letter of permission to work from the Labor dept. while the W.P. is under consideration.

I see. So WP is under consideration, the company will apply this for me before I start probation, right? and what if I was not considered, WP cannot get, then... what happened?

[Mario2008]

Than you are working illegally.

[live]

What are the steps I should ask the company to to for me if they really want to hire me?

I don't know, maybe first I ask them to do sign contract with me, then let the company start to apply WP for me, then get a work permission paper from Labour Dept. while WP is under consideration?

[live]

I am curious that what's the probability/change to caught by working without WP? I mean, the company doesn't say a word, how will Thai government/Labour Dept knows that I am working illegally? I don't want to try myself at all, just curious.

[mallyrd]

I can't believe that after 49 posts the OP has still not grasped what is required to work legally.

[Soutpeel]

This concept of working while your WP applicant is still under consideration is arrant nonsense.

Although not disagreeing with the words on the paper, if you go an talk to any labour Department office, you will find they tell you it is permissible to work while "under consideration" and have seen passports stamped as such "Under Consideration", also believe one of the posters is correct in saying you get a letter as well from the labour office to this effect.

So it appears from a practical stand point it is not "arrant nonsense"

[live]

I can't believe that after 49 posts the OP has still not grasped what is required to work legally.

Sorry I know that I should get a WP to work, but there are some details that I am not familiar with and have no idea how to proceed. Forgive me for my lack of experience and law knowledge.

[TimeBandit2]

You'd probably only get caught if you were reported.

As many people have stated though, it is illegal to work (even for free) without a work permit.

It is however, common practice to employer foreigners without work permits especially as teachers.

Whether or not you want to take the risk is up to you.

[live]

You'd probably only get caught if you were reported.

As many people have stated though, it is illegal to work (even for free) without a work permit.

It is however, common practice to employer foreigners without work permits especially as teachers.

Whether or not you want to take the risk is up to you.

you mean they are a lot out there? work without WP?

anybody ever heard of the news about foreigners caught by illegal?

[Soutpeel]

What are the steps I should ask the company to to for me if they really want to hire me?

I don't know, maybe first I ask them to do sign contract with me, then let the company start to apply WP for me, then get a work permission paper from Labour Dept. while WP is under consideration?

To refresh an earlier post.....

1. Company provides you will all required company documentation (your company needs to look at what they need to provide) + contract (if you wish) + receipt that your WP has been applied for.

2. Got to overseas Thai embassy/Consulate and submit above document package along with your passport

3. Come back next day and pick up your passport which should have a non-imm B visa in it, in your case

4. Return to Thailand with PP in hand

5. In a week/ three weeks/ 3 months if approved by Labour Dept receive you nice new blue book if approved

Cant spell it out any simpler/ clearer than that.

[live]

What are the steps I should ask the company to to for me if they really want to hire me?

I don't know, maybe first I ask them to do sign contract with me, then let the company start to apply WP for me, then get a work permission paper from Labour Dept. while WP is under consideration?

To refresh an earlier post.....

1. Company provides you will all required company documentation (your company needs to look at what they need to provide) + contract (if you wish) + receipt that your WP has been applied for.

2. Got to overseas Thai embassy/Consulate and submit above document package along with your passport

3. Come back next day and pick up your passport which should have a non-imm B visa in it, in your case

4. Return to Thailand with PP in hand

5. In a week/ three weeks/ 3 months if approved by Labour Dept receive you nice new blue book if approved

Cant spell it out any simpler/ clearer than that.

Thank you for summarizing for me, I am very clear now except what if I return Thailand, not get approved by Labour Dept? That's possible right? and I'd like to know what situation that I will rejected. (or what condition should I meet to acquire the WP blue book)

[live]

one more thing come across my mind, is it just this company or all the others local Thai companies do this thing for hiring foreigner (not apply W.P. for you until passed their probation) ?

[Madivad]

One more thing,

What if the company says, "we are not sure if you are able to work as this position or not, so we cannot apply for WP for you unless we make sure that you can do this job. so we need to test you, ask you to work for a few month and let see" ?

If they think you can't do the job, they don't hire you.

If they love you, then you're hired, maybe no probation... Up to them

If they're unsure, about you, they'll hire you on probation.

Either way, options 2 and 3 you need a work permit. No ft's but's or maybe's. Any work, you need work permit.

If they don't want to give you the papers, they're dodgy.

On the other hand, get them to sign a document, they realise you're working without a work permit, and stipulate they provide a lawyer in case of any probs!! Hahaha. Good luck with that!

[live]

One more thing,

What if the company says, "we are not sure if you are able to work as this position or not, so we cannot apply for WP for you unless we make sure that you can do this job. so we need to test you, ask you to work for a few month and let see" ?

If they think you can't do the job, they don't hire you.

If they love you, then you're hired, maybe no probation... Up to them

If they're unsure, about you, they'll hire you on probation.

Either way, options 2 and 3 you need a work permit. No ft's but's or maybe's. Any work, you need work permit.

If they don't want to give you the papers, they're dodgy.

On the other hand, get them to sign a document, they realise you're working without a work permit, and stipulate they provide a lawyer in case of any probs!! Hahaha. Good luck with that!

Thank you, I really appreciate your answer; yes they said they will sign contract with me, I will stick with the WP , the key

[Soutpeel]

you mean they are a lot out there? work without WP?

anybody ever heard of the news about foreigners caught by illegal?

Do a bit of research on TV using the search function and there are cases of foreigners being caught working illegally

So to answer your question....Yes