I signed a 6 month contract back in June to start employment August 1st at an upscale hotel in BKK. After signing the contract, the HR at the hotel never requested documents from me to start visa/work permit applications. 6 weeks passed and by mid july and they still never asked. I assumed they didnt want to do it as it was never mentioned in the contract.

This didnt concern me that much at the time as I was returning to the US in July and could obtain a 1 year Non-O there. I obtained a 1 year non-o visa based on condo ownership from the embassy in Portland in late July (to my knowledge, Portland is the only place that offers a one year non-o based on condo ownership).

I started the job August 1st assuming the HR knew full well I did not have a work permit since they never even asked to see my passport and apply for one.

3 months go by and now out of the clear blue sky they are asking if I have a work permit, I try to explain to them that even if I did have one in the past it would have been cancelled by now as each employer must make a new application. So now, half-way through my contract they want to do the work permit.

My questions: Can they apply for it using my current non-o visa? (guessing no)

If I must do a non-b can it be converted from my non-o or must I leave and get a new one?

If I have to do a new non-b....that automatically cancels my non-o correct?

I would have preferred that would have gone the legal route, but now since somebody at the hotel didnt do their job I am faced with having to get a visa that will be canceled Feb 1st when my job ends, instead of having the 1 year non-o, giving me 15 months until oct 2014.

Is there any way to fix this where both parties would be satisfied?

They should be able to apply for the work permit but it varies from office to office all will do it with a tourist visa.

If they accept the application then the next thing would be getting it issued. By the written regulations all that is needed is a non immigrant visa entry. If not you would have to go out to get a B visa.

You are quite correct, your HR dept must have known that you did not have a WP, as they would have to have supplied paper work plus supported a WP application on your behalf for it to go ahead and be issued.

On short contracts if often seems to be the case that employers can't be bothered to help this particular category of employees and often can be somewhat disingenuous, fobbing them off with various excuses (they hope) until the contract expires and the employee leaves.

Note this, it's the employee who faces possible fine, imprisonment and deportation if caught working without a WP, the employer only faces a fine; so it's definitely in your best interest to push your HR dept as hard as you can.

Be under no illusion, it is against Thai Law for a foriegner to work in Thailand without a Work Permit.

Edited October 30, 201312 yr by digitalchromakey