Hi folks....my dilemma is that my future employer would like me to start work now , claiming that everything would be okay as long as the work application is submitted ?

Yes providing that you have the correct visa Non B I would assume.

I have a Non immigrant O multiple entry visa based on marriage to a Thai . My employer would like me to start work now . However the work permit process could take up to two months because the job is in Phuket. This seems a very long time to work without the official work permit and I don't want to get myself into trouble as I have my family here. Any suggestions ?

Not sure of the legalities, but it is the norm here and seems to be accepted. From my experience most people apply for their work permit on their first day in the job.

Not sure of the legalities, but it is the norm here and seems to be accepted. From my experience most people apply for their work permit on their first day in the job.

You are right! Many even work, without that the employer applies for a wp for the 'employee'.

In Phuket, very seasonal businesses around, even more.

But legit? Na, not really. No wp, no permit, to work. No social insurance, no tax number!

Cheap for the boss.

Actually, the last wp application in Phuket (that I know about) needed from Monday to Friday, same week. No 'speed service' paid.

And not for one of the 'big' players in the tea money business. Only the company boss himself made it with the employee to the labour department.

And this was not in the good old days, the office was next to Bangkok Phuket Hospital.

No iTs illegal to work without an actual work permit in hand .

Even if u have applied the law is u might not get it so until u do u cannot work

Although we all some do so it's your call.

Sent from my iPad using ThaiVisa app

From The Alien Worker Control Office:

ALIENS WHO ARE IN THE KINGDOM OF THAILAND AND WISH TO WORK IN THE KINGDOM MUST

COMPLY WITH THE FOLLOWING:

1. An alien who wishes to apply for a work permit under the Board of Investment (BOI) law or other similar commercial laws must file an application for a work permit within 30 days from the date he/she is allowed to work under such law.

CRIMINAL PENALTY : Any violation thereof shall be liable to pay a fine not exceeding one thousand Baht.

2. An alien who lives in the Kingdom or receives a non - immigrant VISA to live in the Kingdom can work in Thailand after having received a work permit.

CRIMINAL PENALTY : Any violation thereof shall make the employee liable for imprisonment not exceeding three months, to pay a fine not exceeding five thousand Baht, or both penalties.

3. An alien who performs work that is proscribed by the Royal decree B.E. 2522(1979) which prohibits alien employment in certain occupations and professions is liable to be imprisoned not exceeding five years, will be fined from 2,000 to 100,000 Baht or both penalties.

That doesn't seem to be the current law and/or only applying to companies falling under the BOI rules.

A translation of the 2008 (2551) revised law is provided here. The judgement to be made is if this applies to only BOI companies or any company registered under Thai law and the employee has a proper visa. A full reading is necessary to understand the law IMO. Several paragraphs refer to "other laws" that allow aliens to work once an application has been applied for. It does appear to me that one must aleast have the receipt of application available until the actual WP has been received.

© 2008, Pakorn Nilprapunt, Office of the Council of State (www.krisdika.go.th, www.lawreform.go.th)

Remark: Reference to Thai legislation in any jurisdiction shall be made to the Thai version only. This translation has been made

so as to establish correct understanding about this Act to the foreigners.

4

While awaiting for the permit under paragraph two, that alien may

engage in work without regard to section 24 until the date of receiving of the permit

as notified by the registrar.

That doesn't seem to be the current law and/or only applying to companies falling under the BOI rules.

"2. An alien who lives in the Kingdom or receives a non - immigrant VISA to live in the Kingdom can work in Thailand after having received a work permit."

A translation of the 2008 (2551) revised law is provided here. The judgement to be made is if this applies to only BOI companies or any company registered under Thai law and the employee has a proper visa. A full reading is necessary to understand the law IMO. Several paragraphs refer to "other laws" that allow aliens to work once an application has been applied for. It does appear to me that one must aleast have the receipt of application available until the actual WP has been received.

© 2008, Pakorn Nilprapunt, Office of the Council of State (www.krisdika.go.th, www.lawreform.go.th)

Remark: Reference to Thai legislation in any jurisdiction shall be made to the Thai version only. This translation has been made

so as to establish correct understanding about this Act to the foreigners.

4

While awaiting for the permit under paragraph two, that alien may

engage in work without regard to section 24 until the date of receiving of the permit

as notified by the registrar.

Under section 9 of the law you cannot start working without having a work permit, exept in cases where urgent work needs to be done (like a mechanic that comes from abroad to repair a machine in a factory, so the factory can start producing again).

Section 12 you quote is an exeption to section 9, applying to persons working for companies that are falling under the "BOI rules". (special investment schemes)

http://www.thaivisa.com/forum/index.php?app=core&module=attach&section=attach&attach_id=162114

Mario2008

Slight differences in translations can make a big difference in understanding. The translation you refer to reads different than mine. But of course the Thai version is law and is applied based on Thai officals' understanding of the law.

My lawyer says, technically no, but... I might risk it for a few days, but months, no way!

In any case, once your visa and all the employer's documents are in order, the WP should not take more than a few days. Is it possible that the employer is trying to dodge the whole paperwork hassle altogether, by dragging his heels until the season's over?

Have you actually submitted an application and the documents been accepted ?

Have you actually submitted an application and the documents been accepted ?

...........No I have not submitted the documents yet but I am getting them ready to give to my employer to submit on my behalf. But I am concerned that they could take up to two months to be processed here in Phuket ...does that sound correct.. ?

As said, it's illegal to work without an actual WP on hand, but if you do have the non-B-visa on hand including the proof of the WP-application (an A5-sized note) you will receive from the labor-department (forgot the form. number) it shouldn't be a problem.

A lot of employers wait with the application until after the first 119 days are over (probation-period).

As said, it's illegal to work without an actual WP on hand, but if you do have the non-B-visa on hand including the proof of the WP-application (an A5-sized note) you will receive from the labor-department (forgot the form. number) it shouldn't be a problem.

11 years ago when I got my first WP, (which took 6 weeks to issued) this was a question I asked the DOL directly and their response was that while I was "under consideration" I was permitted to work while waiting for the blue book to be issued, granted this may have been their interpretation of rules, so in response to the OP's question, ask the DOL in Phuket.and they will tell you what you can or cant do.

The OP hasnt even applied yet, so he doesnt want to working before the paperwork is submitted as this is definitely not legal

OP,,,,,,,,,,,,,,sounds like along time to be waiting....im in phuket too.......took about 2 weeks or so......no tea money.....