Denied Work Permit

[drummer]

Short version: I applied for a work permit in October/November for another job in Chonburi and it never came through. I lost the job because the work permit was taking too long - they fired me and hired a Thai replacement. They said they cancelled the work permit application. I talked to them yesterday and they said the same thing. I never actually worked for them.

I have a new job now and my work permit was denied because apparantly I have one for the Chonburi job. I never recieved the blue book, nor did my employer. If I don't clear this up soon, I will find myself unemployed again.

Any recomendations as to how I should go about clearing up this situation? Thanks!

[The Dan Sai Kid]

Short version: I applied for a work permit in October/November for another job in Chonburi and it never came through. I lost the job because the work permit was taking too long - they fired me and hired a Thai replacement. They said they cancelled the work permit application. I talked to them yesterday and they said the same thing. I never actually worked for them.

I have a new job now and my work permit was denied because apparantly I have one for the Chonburi job. I never recieved the blue book, nor did my employer. If I don't clear this up soon, I will find myself unemployed again.

Any recomendations as to how I should go about clearing up this situation? Thanks!

Go to the police station and report your non-existant work permit missing - don't bother telling them anything, just say that you lost it. That will cancel it - you will have to pay a 1000 baht fine and that should be the end of the matter.

[p_brownstone]

Short version: I applied for a work permit in October/November for another job in Chonburi and it never came through. I lost the job because the work permit was taking too long - they fired me and hired a Thai replacement. They said they cancelled the work permit application. I talked to them yesterday and they said the same thing. I never actually worked for them.

I have a new job now and my work permit was denied because apparantly I have one for the Chonburi job. I never recieved the blue book, nor did my employer. If I don't clear this up soon, I will find myself unemployed again.

Any recomendations as to how I should go about clearing up this situation? Thanks!

Go to the police station and report your non-existant work permit missing - don't bother telling them anything, just say that you lost it. That will cancel it - you will have to pay a 1000 baht fine and that should be the end of the matter.

I don't think that will help at all.

The chap is obviously in the Computer System at the Labour Department and his record shows that he has already been issued with a Work Permit. I don't think simply reporting it lost will have any effect - after all, if you report your Driving Licence or Passport lost the document is not invalidated.

The best way would be to have the former "Employer" report to the Labour Department that he does not work with the Company, and indeed he never took up the appointment (that's important in case they start asking questions about Income Tax and Social Welfare payments for example) and ask that the Work Permit be cancelled.

Patrick

[The Dan Sai Kid]

Short version: I applied for a work permit in October/November for another job in Chonburi and it never came through. I lost the job because the work permit was taking too long - they fired me and hired a Thai replacement. They said they cancelled the work permit application. I talked to them yesterday and they said the same thing. I never actually worked for them.

I have a new job now and my work permit was denied because apparantly I have one for the Chonburi job. I never recieved the blue book, nor did my employer. If I don't clear this up soon, I will find myself unemployed again.

Any recomendations as to how I should go about clearing up this situation? Thanks!

Go to the police station and report your non-existant work permit missing - don't bother telling them anything, just say that you lost it. That will cancel it - you will have to pay a 1000 baht fine and that should be the end of the matter.

I don't think that will help at all.

The chap is obviously in the Computer System at the Labour Department and his record shows that he has already been issued with a Work Permit. I don't think simply reporting it lost will have any effect - after all, if you report your Driving Licence or Passport lost the document is not invalidated.

The best way would be to have the former "Employer" report to the Labour Department that he does not work with the Company, and indeed he never took up the appointment (that's important in case they start asking questions about Income Tax and Social Welfare payments for example) and ask that the Work Permit be cancelled.

Patrick

When I worked in Bangkok I had a work permit - when I quit the job I moved up to Chiang Mai. When I started my new job I was told by my work that my old WP had never been cancelled by my previous owner - I had to go to Bangkok and tell the police that I no longer had it - it had been lost (my work told me to say that). I paid a 1000 baht fine and there have been no problems with subsequent applications.

[Bobcat]

Generally, lying to the police is not a very good idea. You never had a work permit in the first place, so reporting to the police that you lost it is bad advice. I agree with Mr. Brownstone. You need to get your old company to issue a letter to the Labor Department that your old wp should be cancelled and confirming that you never actually worked for them. If they are not willing to do this, you will need to go to the LD yourself and explain the situation so that it can be sorted out.

[drummer]

My old company says that they never got it, that I'm the only one who could have picked it up. Its quite important that I get the WP here in a tmiely manner, as well, and relying on the old saw "If you want something done right, do it yourself", I wouldn't count on my old employer atually bothering to cancel it in a reasonable timeframe.

Of course, that would be quite nice, and perhaps they will, quite possibly, even! But if they don'ty, what options do I have? Will I have to go to the labor department in Chonburi? What documents would I need? I don't have a copy of the blue book - would that be a problem?

As a last resort - especially since I don't want to owe taxes for work I never did - reporting it stolen will cancel it, or not?

Thanks!

[vinny]

Report the truth. See Office of Foreigner Workers Administration, Department of Employment, Ministry of Labour for required documents and Regional Office contact details.

[vinny]

See also Work permits, visas and reentry permits in Thailand. In particular, section "Signing for your new work permit" may be relevant in helping to prove that you did not receive your first work permit.

[drummer]

This is an odd thing, because apparantly my employer has documents showing that I did sign for it. I *DIDN'T*, but there is something strange going on. Thats what my previous would-be employer said, because they never receved paperwork on me, and both of us know I never got it. They said they cancelled the application. This could very well be true.

Apparantly, my new employer said that I have borrowed 10 million baht from my old employer - also absolutely untrue. Quite odd, quite odd. My previous would-be employer showed me one of the forms where they were holding some sort of 10 million bond for me, insurance in case I got in trouble, which they said was necessary for any work permit.

In addition, my new employer may not help me with this, and the person in question is leaving quite soon, and doesn't have much motivation for tackling sticky problems.

Anyone have any imput on the last resort option? I realize that if I do that, then I would be liable for tax on a job I never had, but better than being unemployed again!

Thanks!

[drummer]

Quick question: immigration did a search on my pasport and found no report of a work permit - merely that I was legally in the country on a non-imm B. Would they turn up a record of if I had a work permit and if so who I was working for?

Also, the woman who was handling my work permit application for my new job has moved on. She apparently left the place in disarray so the new guy doesn't yet know whats going on.

Also, my old would-be employer has (in theory) faxed over a letter (in Thai) stating that they cancelled the application for a work permit, that they never recieved a work permit for me, that I never worked there. Would I need to do anything special to this letter to make it valid if/when I approach the MoL re: my phantom work permit?

Thanks!

[solo siam]

Are you sure that your last employer didnt get your work permit, take a 10 million baht guarantee out using your name/details/wp and then simply told you they never had your wp.

I cant think of any reason that a figure of 10 million baht should have been raised.

[drummer]

I suppose its possible ..... I'm not sure why they would do that, though. Why have the guarantee? Also, if I read it right, Vinny's links said that I would have to sign for my WP or it would be cancelled in 15 days. Even then, this was about 150 days ago, and the WP would have been a 90 day'er. Why would they want to hold 10 million baht in jeapordy based on my presumed good behavior?

I'm I missing something?

Edited April 6, 2006 by drummer