Changing Jobs - Changing Work Permits Without Leaving Thailand

[whitebanana]

I am currently holding a work permit for a BOI company, and want to quit to work for a non-BOI company.

The new company is already preparing the documents through an agent to apply for the new work permit. The old company doesn 't know yet I plan to leave the company with no notice (they did not make me sign any contract)

I called the immigration to explain my case, after having talked to 3 different persons and been repeatedly put on hold for extended period of time, their advise was the following:

- Go to 1-stop visa at chamchuri to cancel current work permit (the company I plan to resign is BOI, the future is not)

and bring :

1) my own resignation letter (stating when i resign)

2) copy of the company incorporation who delivered the work permit

3) copy of passport

4) copy of work permit

once finished, i have to go same day to the labour department (probably for same-day extension). I trust at this stage the agent hired by the new company for handling my new work permit will then handle the new work permit application on the same day.

Has anyone resigned/heard of resignation this way?

I am pretty sure the future-ex company will want to create me trouble the minute i will talk about resignation (I witnessed how they sacked a former foreign staff) and although i do not like leaving in an ugly way, i have reasons to think i have to protect my ass. And they never made me sign any contract, let alone with a notice period. Which I now realize it is against the law, as specifically a contract is needed to get a work permit.

Any comments/feedback/advice would be quite welcome!

Thanks

[Mario2008]

The most important question is are you currently on an extension of stay based on employement from immigration or are you still on your initial 90 day entry?

An extension of stay based on employement expires the moment you lose your job, an initial 90 day entry would remain valid. You cna get a 7 day extension from immirgation, giving you 7 days to get the new work pemit. When you cancel at the one stop service, they might give you 2 weeks instead of 1.

[whitebanana]

Hi Mario,

I am currently on the extension stay granted with the work permit (delivered by BOI). When talking to the officers on the phone and explained them the current visa was an extension and not the original 90 days, it did not seem to bother them and confirmed I did not need to leave thailand to change visa if the new company could apply now.

I read a post from another forum member (aneliane, january 2011 ) who went to cancel herself but in her case, the one-stop service in Chamchuri requested more documents, including documents signed by the company. I have serious reasons to doubt the company will try to be supportive to me the minute I will announce my resignation and provide me the needed documents.

Where can i get the 1 (or 2 ?) week extension? at the BOI, or do I need to get the labour department? ()if so , where is it located)

The new company has already compiled all documents for the new work permit application, to process as soon as I can cancel my current work permit. The new company is not BOI, so I know the process takes longer (in a previous job it took 2-3 weeks without resorting to an agent) but as the new company is hiring the service of an agent, it may accelerate the process.

Has anyone cancelled a work permit himself, get the extension, and then applied for new permit the same day?

[TerryLH]

"And they never made me sign any contract, let alone with a notice period. Which I now realize it is against the law, as specifically a contract is needed to get a work permit."

You may find that you signed a generic contract in Thai when you were signing all those papers when you started work.

I've worked at several places that did that to get the WP underway, then got another contract in English later on.

[SpoliaOpima]

Hi Mario,

I am currently on the extension stay granted with the work permit (delivered by BOI). When talking to the officers on the phone and explained them the current visa was an extension and not the original 90 days, it did not seem to bother them and confirmed I did not need to leave thailand to change visa if the new company could apply now.

I read a post from another forum member (aneliane, january 2011 ) who went to cancel herself but in her case, the one-stop service in Chamchuri requested more documents, including documents signed by the company. I have serious reasons to doubt the company will try to be supportive to me the minute I will announce my resignation and provide me the needed documents.

Where can i get the 1 (or 2 ?) week extension? at the BOI, or do I need to get the labour department? ()if so , where is it located)

The new company has already compiled all documents for the new work permit application, to process as soon as I can cancel my current work permit. The new company is not BOI, so I know the process takes longer (in a previous job it took 2-3 weeks without resorting to an agent) but as the new company is hiring the service of an agent, it may accelerate the process.

Has anyone cancelled a work permit himself, get the extension, and then applied for new permit the same day?

Yes, but in my case both jobs used work permits issued at One Stop.

[whitebanana]

You may find that you signed a generic contract in Thai when you were signing all those papers when you started work.  I've worked at several places that did that to get the WP underway, then got another contract in English later on.

Probably they made me sign some paper stating the position and the salary.

Does the thai law mention anything about resignation notice? Or can the employee walk away without notice?

I saw this company firing a foreign staff without notice and requesting to have his work permit/visa cancelled the same day - so i wonder if it can work the other way round.

[whitebanana]

Yes, but in my case both jobs used work permits issued at One Stop

How did you handle the resignation / work permit cancellation process? Was it done by you at the BOI?

[Mario2008]

Since you had your Wp and permisison to stay from the BOI you have to go to the BOI to cancel it. Thay will than allow you 1 or 2 weeks to stay, for which you might have to pay 1,900 baht.

In that time you have to get a new work permit and permission to stay. As your new employer doesn't fall under the BOI, you will have to visit the labour office and immigration for that. That is why it is important to start the paperwork now to get a new WP.

If the old company doesn't want to give you paperwork, just go to the One Stop Service Center yourself, with a copy of your resignation letter, clearly stating the last day of employement. That should be enough.

[whitebanana]

Since you had your Wp and permisison to stay from the BOI you have to go to the BOI to cancel it. Thay will than allow you 1 or 2 weeks to stay, for which you might have to pay 1,900 baht.

In that time you have to get a new work permit and permission to stay. As your new employer doesn't fall under the BOI, you will have to visit the labour office and immigration for that. That is why it is important to start the paperwork now to get a new WP.

If the old company doesn't want to give you paperwork, just go to the One Stop Service Center yourself, with a copy of your resignation letter, clearly stating the last day of employement. That should be enough.

Thanks Mario

The visa agent told my company he talked with the head of the one stop service center, and he claim he was told i needed absolutely more documents from my old company. I have to meet the guy tomorrow afternoon at one stop service - honestly I wonder if it would not be smoother just me going alone and trying to cancel myself - rather than having the new company pushing to get things done?

My future-former company doesn't know yet that i will resign, let alone to apply for a new work permit at the same time. Although the two companies are not competitors, and not even in the same line of business, I would rather not tell the old company I want to change immediately. The boss of the old company has a big ego and may try to create trouble with my new company, if he happens to know of the switch .

How about the resignation letter: should I send to current company in registered mail to get evidence?

Thanks :jap: