New Job: New Wp Or Addition In Existing Wp Book?

[arminbkk]

Do you even have a choice to use the same wp book or does the new employer have to apply for a completely new wp?

If there is a choice, what is the difference in fees?

My possible new employer does not want my current employer

to know I'd be working for him.

How to best go about it then?

Thanks.

[Mario2008]

It seems you want to have two different employers at the same time and want to add a second employer. That is only possible with permission of your first employer.

[Colabamumbai]

The work permit is specific to a place of employment and employer. To my knowledge you can work at a number of locations for the same employer, but must be listed in the work permit.

To my knowledge and I may be wrong I do not think one work permit can have 2 employers, but I do know it can have 2 or more locations for one employer.

New employer, new work permit. Fees 3,000 Bhat year, I think 1,500 bhat 6 months or less and 100 Bhat fee.

Your visa may have expired. If you change employers and or provinces you need to re-apply.(Lopburi may be more knowledgeable in this regard)

I am on my 4th W.P.

I changed employers and provinces, not realizing all of this and as a resullt was on overstay. I was lucky the fine was waived (due to a mistake at another immigration office, selling me a re-entry permit while I was on overstay.)

[Mario2008]

Rereading it I think you are not talking about two employers at the same time.

In that case the old work permit needs to be cancelled and after that you apply for a new work permit with the new employer. But be advised that if you are on an extension of stay based on employment, it expires the day you end your job. You will have to cancel your permission to stay at immigration, who can give you an extra 7 days in which to get the new work permit so you can apply or an extension of stay based on the new employer.

[digitalchromakey]

Many years ago you used to keep the same WP when you changed employers; this is no longer the case and you will always be issued with a fresh WP when you cancel then re-apply with a new employer.

The only exception is that you can add a new employer with the full agreement of your current previous employer - it's complicated and you will have to cancel the WP and reapply if you subsequently stop working with the first employer.

[emilyb]

Many years ago you used to keep the same WP when you changed employers; this is no longer the case and you will always be issued with a fresh WP when you cancel then re-apply with a new employer.

That's interesting, thanks for posting that. I'd always wondered why this bizarre system where your paperwork is attached to the employer. I get that they're essentially the sponsor, but it's ridiculous that changing jobs means that an individual has to get completely new paperwork and not just transfer. I mean they already have passports in this country, the model's right there in front of them, you wouldn't think it'd be that hard to put two and two together. If the work permit got re-used by the company it would make sense, but as it stands it just gets tossed, basically.

I'm actually surprised to hear that it used to be more sensible and became less so.

Edited September 21, 2012 by emilyb

[arminbkk]

Thanks for the replies.

FYI I am on a marriage visa so no issues with

visa expiring due to cancellation of wp.

One of the reasons why I have this type of visa.

Also, I would quitmy current job and get a new job with different employer, so not 2 employers at the same time.

It seems the best thing is to cancel the wp and get a completely new wp.

[Dork]

My work permit lists 2 occupations at 2 different companies in different provinces. All the same requirements for the 2nd company have to be met the same as with the first though, with the exception of income. Apart from that, no problem.

But I think that trying to hide one from the other would be difficult at best.

[ubonjoe]

Thanks for the replies.

FYI I am on a marriage visa so no issues with

visa expiring due to cancellation of wp.

One of the reasons why I have this type of visa.

Also, I would quitmy current job and get a new job with different employer, so not 2 employers at the same time.

It seems the best thing is to cancel the wp and get a completely new wp.

Since you made wise choice of getting an extension based upon marriage it will be real easy for you to change employers. Just cancel old work permit and get a new one. No need for any visits to immigration.

Edited September 21, 2012 by ubonjoe

[arminbkk]

Thanks for the replies.

FYI I am on a marriage visa so no issues with

visa expiring due to cancellation of wp.

One of the reasons why I have this type of visa.

Also, I would quitmy current job and get a new job with different employer, so not 2 employers at the same time.

It seems the best thing is to cancel the wp and get a completely new wp.

Since you made wise choice of getting an extension based upon marriage it will be real easy for you to change employers. Just cancel old work permit and get a new one. No need for any visits to immigration.

Actually, I don't have an extension on non imm O (marriage) visa, I just apply for a new one each time it expires (I don't meet the funds/income requirement for an extension).

But I choose to stay on this type of visa instead of non imm B visa (that my current employer would have gotten for me) just to avoid visa hassle should I change job or just quit my job.

As for hiding the new employer from old employer: the new employer doesn't want the old employer to know since they know each other and are not exactly friends.

Both Thai by the way.

I'll opt for cancellation of old wp first, then apply for new one.

Thanks for all your input.

[arminbkk]

Just to make sure I understand it correctly:

The new employer can only apply for a workpermit AFTER the former employer has (requested to cancel?) cancelled it?

Also, do I myself need to receive some receipt of this cancellation or not?

Thanks!

[Mario2008]

Otherwise they would add the new company and you need approval of the old company.

Just get a letter from your employer that your employment will be cancelled on such and such date, and take that to labour to cancel the work permit and apply for the new job at the same time.

You can offcourse gather all paperwork in advance and check with labour if everything is in order, to speed up your application.

[digitalchromakey]

Just to make sure I understand it correctly:

The new employer can only apply for a workpermit AFTER the former employer has (requested to cancel?) cancelled it?

Also, do I myself need to receive some receipt of this cancellation or not?

Thanks!

you can also cancel the old Work Permit your self - form attached.

wp_cancellation.pdf

Edited September 24, 2012 by digitalchromakey

[arminbkk]

Thanks for the info.

I don't actually hold the wp myself, it is with the company.

I think I will let them cancel it themselves as well as have the other one apply for a new one.

I do want to give some guidance to the new company (I'm the first foreigner), so

what official Thai site can I direct them to (I checked out the DOL site but couldn't

find any actual info on wp)?

Thanks.

[digitalchromakey]

Thanks for the info.

I don't actually hold the wp myself, it is with the company.

I think I will let them cancel it themselves as well as have the other one apply for a new one.

I do want to give some guidance to the new company (I'm the first foreigner), so

what official Thai site can I direct them to (I checked out the DOL site but couldn't

find any actual info on wp)?

Thanks.

For starters, here's the company WP application form (WP3) and instructions.

Form_WP3.pdf

Your local Labour Dept will doubless have their own spin on this, so your employer needs to go in and get their specfic list of documents.

[arminbkk]

@digitalchromakey: thanks I'll have a look at it.

As for 'local labour department', I reside in Bangkok and the job is in Bangkok.

[arminbkk]

@digitalchromakey

I read in your attachment that if I would cancel myself, I basically need a completed form

and original work permit, nothing else correct?

Power of Attorney would be for when I would have someone else do it for me, not being the employer, correct?

It appears our Office Manager went on a trip abroad, surely well deserved, however, today

is my last working day and guess there is no one else qualified to handle this cancellation.

I read also in the attachment in the remarks regarding cancellation:

“- Work Permit cancellation can be done after a holder resigned from a job or an employer laid off a holder, And that is not limited time for cancellation.”

Referring to the last sentence, can anyone confirm that in fact the cancellation has to be ON the last working day??

Thanks!

[digitalchromakey]

@digitalchromakey

I read in your attachment that if I would cancel myself, I basically need a completed form

and original work permit, nothing else correct?

Power of Attorney would be for when I would have someone else do it for me, not being the employer, correct?

It appears our Office Manager went on a trip abroad, surely well deserved, however, today

is my last working day and guess there is no one else qualified to handle this cancellation.

I read also in the attachment in the remarks regarding cancellation:

"- Work Permit cancellation can be done after a holder resigned from a job or an employer laid off a holder, And that is not limited time for cancellation."

Referring to the last sentence, can anyone confirm that in fact the cancellation has to be ON the last working day??

Thanks!

Signed letter cancelling WP probabkly best as well.

The Power of Attorney Form is indeed when some applies on your behalf, sometimes Labour want this if you take a Thai speaker in to help you file papers - needs a 10 THB stamp from the Tax Office.

The requirement for cancellation on the last day of work is only tied to situations where you have an Extension of Permission to Stay based on Employment in the Kingdom of Thailand (Police Order 777/2551 Section 2.1).

If you are on a regular Non Immigrant Category 'B' entry stamp, or for example, an Extension based on having a Thai Spouse then cancellation on the last day is not critical.

It could also be perhaps argued that next Monday is the first working day after your employment ends as you would need your WP until you leave the office!

Edited September 28, 2012 by digitalchromakey

[arminbkk]

@digital

Thanks for your quick reply!

Would read from it that in my particular case there is no urgency to actually do it today

as I am on a non imm O (marriage) entry stamp visa (not extension) that is not tied to the work permit.

Would guess if it is done first thing Monday morning, no one will raise an issue at DOL.

And yes, one could argue that I'd have to complete my working day as per normal until 17.30, after which

the DOL is of course closed (?) and then there is the weekend.

Thanks.

[arminbkk]

Just a note to add: I do not physically hold the wp myself, it is in the MD's office vault.

[Mario2008]

The WP is yours, not the companies.

Many employers like to keep hold of it, but it is yours.

[arminbkk]

@mario

I understand, my MD however does not :-)

Now I've learned that Thais also have a different view on what a letter of reference should read, i.e. not much.

Anyways, status now is that the company will, hopefully, cancel the wp on Monday.

Just a question: does new wp mean an actual new wp booklet?

Thanks.

[digitalchromakey]

@mario

I understand, my MD however does not :-)

Now I've learned that Thais also have a different view on what a letter of reference should read, i.e. not much.

Anyways, status now is that the company will, hopefully, cancel the wp on Monday.

Just a question: does new wp mean an actual new wp booklet?

Thanks.

Yes

[emilyb]

The WP is yours, not the companies.

Many employers like to keep hold of it, but it is yours.

That's wonderful and very autistic legal advice that has no bearing in how many employers actually treat the situation. I mean, you know, what good does it do to tell him that? Oh, just go tell the employer that it technically belongs to you, that should solve things. Meanwhile, please point out to the police that it's their job to uphold the letter of the law.

[Tywais]

Oh, just go tell the employer that it technically belongs to you, that should solve things.

I did and they returned it to me and now stays in my possession.

[arminbkk]

And I will certainly let my new employer know that I intend to keep the wp myself.