How many days have a company to cancell a work permit?

[Lidra]

Hi All,

As I commented in another topic, I have resign from my comany, my last day was 25 of January.

I just asked my previous company today if they have already cancell my work permitt, and they told me that they have not cancell it, that it can be valid until the date of expire.

Another company that wants to hire me, and just told me that the previous company have 14 days to report. I don't do if it is true, or do it to put pressure on me and make me sign the contract faster.

so the question are...

1- how many days have a company to report and cancel a work permit when a employee leave it?

2- if they decide to do it, will I get some kind of notification to give back the work permit book?

3- do I need some document to start the new process with the next company?

Thank you All.

[ubonjoe]

Moved to visa forum.

[wym]

I've never heard of a company being penalized, but YOU as the employee have 48 hours to get out of the country when they do, so best to coordinate with them as to the date, or leave earlier and re-enter on another basis.

No need to return the WP anymore in practice anyway.

Yes you need them all just like the first time, start from scratch nothing to do with the old one.

[ubonjoe]

I don't think there is a fixed time period. You don't have to wait for them to do it. You can do it yourself.

If you are on an extension of stay from immigration it ended on the day your job ended.

You must cancel your extension and leave on the same day unless you apply for a 7 day extension.

[Lidra]

Thank you both for your answers

... that means I can use my visa (based on their work permit) to stay in Thailand, as longer as they don't report to cancel my actual work permit?

I think the only difference for the company is that they don't give me any salary.

[Mario2008]

it means your permission to stay is invalid. If immigration will find out is something else, but if they are sharp they might notice it if you next apply for a work permit and extension of stay.

[Tomtomtom69]

I don't think there is a fixed time period. You don't have to wait for them to do it. You can do it yourself.

If you are on an extension of stay from immigration it ended on the day your job ended.

You must cancel your extension and leave on the same day unless you apply for a 7 day extension.

Well but doesn't the Company inform immigration or essentially, the labor department to indicate when the employee left their company and so the labor department, in turn, informs immigration? Because whether or not the applicant informs immigration, that person's visa could be cancelled by the set end date anyway.

[wym]

You're fine in practice - as long as they don't cancel the WP without you knowing! - but should exit the Kingdom to apply for a new non-O based on your next job, don't deal with Immigration but Foreign Affairs at the embassy.

[wym]

Well but doesn't the Company inform immigration or essentially, the labor department to indicate when the employee left their company and so the labor department, in turn, informs immigration? Because whether or not the applicant informs immigration, that person's visa could be cancelled by the set end date anyway.

Yes but in this case OP claims the company's promised to assist him by not reporting the job's done.

Not very firm ground IMO and obviously illegal, but in practice as long as he can rely on their word not a problem up to the time when the visa would have needed renewing anyway.

[Lidra]

So... the other company, which told me that my previous company have 14 days to cancel my work permit after I finish to work there is wrong, isn't it?

If my resign is signed for 25 of January, and they report in 7 months, nothing will happens?

[Mario2008]

The employer will probably not be fined, never heard about that. But labour can notify immigration and then they will find out about your overstay. Also I have seen a report of someone having problems getting a new work permit because the old one was not cancelled properly.

[wym]

So... the other company, which told me that my previous company have 14 days to cancel my work permit after I finish to work there is wrong, isn't it?

If my resign is signed for 25 of January, and they report in 7 months, nothing will happens?

That's a long time to be illegal - check that your visa is good that long? And will you keep in constant touch with the old one?

If you're starting work at the new one you should insist they get you legal ASAP.

What you're talking about is more or a short-term bridge tactic and only if you're really broke, much better to stay on a legal basis if you can.

[ubonjoe]

If you go to immigration to get an extension for a new company they will want a letter from previous employer stating the date your previous job ended. If that letter is before that date you will have to pay an overstay fine for every day after that date.

[Lidra]

Finally I will start with my next company in a few days, despite of I have already a visa and work permit, they have asked me to leave the country

with their documents to get another non-b visa.

If my previous company have not cancel the previous work permit, will I be requested to pay overstay during the process of the new work permit?

I have to make sure the previous company have cancel the work permit before start to process the new non-b visa?

Thank you all for your help. I hope the thread can be useful for others.

[ubonjoe]

Before leaving for a new visa your work permit and extension needs to be cancelled. Ask previous employer for a letter stating your job ends on the date you go to immigration and then leave the country.

If you don't cancel the extension immigration may ask questions about it when you a apply for another extension.

Also if you leave the country at a border crossing with a valid extension immigration not allow you to leave the country.

[SamMunich]

The best would be to look it up in the relevant law,- or ask a lawyer, who works in this field. A Google search migth also be more helpful than speculating.

In my time it was this way, that the company got fined (2,000 Baht), if the work permit was not returned within 7 days. Period.

As for the visa, it is a different thing, if you got a visa based on the work permit or if you applied for a Non-Im B from abroad. The latter is then not tied to the work and will run it's full time, while a visa tied to your work will expire within 7 days.

But that was the status a few years ago.

Beside that, I found a lot of Thai government bureaus figured out, that they save themself a lot of hassle, when they put the information out in English on their web site.

[digitalchromakey]

There is no time limit on cancelling a Work Permit.

Either your former employer or your self can cancel, see attached form below.

wp_cancellation.pdf

As the previous poster pointed out if you are on a 90 day entry from a visa issued at a Thai Consular Facility outside of Thailand then this visa and your 90 day entry remains valid.

If you are on an Extension of Permission to Stay based on working in the Kingdom of Thailand obtained from your local Thai Immigration Dept then your extension is immediately invalidated when you leave work and your WP is cancelled.

In the case such an extension you must go to your Local Thai Immigration to cancel your Extension, then exit Thailand that same day, however you can apply to obtain a 7 day extension there for 1900 THB.

Once your old WP is cancelled your new employer can immediately apply for a new WP using form WP1 if you are still in Thailand or WP3 if you are outside of Thailand.

Get a fresh non immigrant 'B' Visa and you can use the new 90 day non 'b' entry to apply to pick up your new WP then start work for your new employer.

[Dork]

Generally speaking, is it possible to start the WP application process at the Labour Department for a new job before ending employment at the old one?

[Mario2008]

Not sure if they will process, but you can at least ask them to check that all documents are in order for the application, so it goes more smoothly.

[Dork]

In a hypothetical situation where someone is intending to change jobs and has a cooperative current employer, would it be possible to add the new company to the WP as a 2nd employer and then sometime later cancel the first employer?

In such a case, would the employees extension of stay remain valid?

[Mario2008]

Not sure. Immigration might have the opinion that your extension eneds to be cancelled, as the extension was given based on your first employer and they didn't check yet if the new job meets the criteria for an extension of stay.

[ubonjoe]

In a hypothetical situation where someone is intending to change jobs and has a cooperative current employer, would it be possible to add the new company to the WP as a 2nd employer and then sometime later cancel the first employer?

In such a case, would the employees extension of stay remain valid?

The extension of stay for current employer would have to canceled and a new one done for new employer. It would require a letter from current stating that your job ended on the date you go to immigration to cancel your current extension and paperwork for new employer to apply for a new extension.

[digitalchromakey]

In a hypothetical situation where someone is intending to change jobs and has a cooperative current employer, would it be possible to add the new company to the WP as a 2nd employer and then sometime later cancel the first employer?

In such a case, would the employees extension of stay remain valid?

You can add a second employer, but the problems start when you try to remove the 'first' employer from a Work Permit.

In my area the 'first' employer is regarded as the primary employer and the 'second' as a supplemental employer, thus Labour will insist that the WP is cancelled should you request to remove the 'first' employer from the WP.

As regards extension, I believe that the extension would remain valid at the time of adding a second employer to the WP, but at renewal you would definietely need two sets of full sets paperwork, tax records, etc to apply for a continuing extension along with two sets of company stamps and signatures.

So sooner or later you will have a problem should you attempt to follow this path.

[Maeklong]

A while ago now, but I had a work contract that expired on Dec 31st. I had a visa that allowed me to work, and a work permit, both which expired the following August.

I thought I was OK. However, when I got another job at the beginning of March, and my new employer went to change the work permit and visa, I was told that as my work had expired at the end of December, I should have left within 7 days.

I obviously had not done that. So I was treated as if I had overstayed and fined 13,500 baht. I don't expect the rule is any different now, but maybe a higher daily fine...
If in doubt, contact Immigration.