Fobbed off about work permit and tax

[smellyskater]

Hello everyone and greetings from ko chang!

I'm working for a thai company and have a non b visa from Cambodia. This is about to expire as 3 months is almost up and a new trip for another non b to Cambodia embarked upon.

Throughout my first 3 months I have been asking my employer, a thai company, when will I get my work permit. They have told me that I do not need one. I'm sure that this is not the case. However I cannot find any official text to show them to argue my point. They are plenty of forum posts etc but this is not good enough for them.

Is there any case where a work permit is not required? I'm meant to be here as a "consultant". Does this have any bearing on the situation? The same question for the tax side of things. I would assume that every working person pays the same rate according to the system that they have in place, ie sliding scale. How am I being taxed if I have no work permit!?

I'm slightly concerned that if I were ever stopped by the police I would need to produce a work permit. Especially having been working here for so long.

Thanks for any help

All the best!

[digitalchromakey]

Its you that are liable to arrest, imprisonment, fine and deportation for working with out a Work Permit.

Your employer would just be fined, so you are being fobbed off and it appears that your employer either doesn't care about your predicament or at best is ignorant as to the law.

The relevant law is the Thai Working of Aliens Act 2008, here is a link - see Items 24. and 25. English and Thai.

http://www.thaivisa.com/forum/topic/3139-useful-immigration-information-visa-descriptions/?p=2613047

[ubonjoe]

Have a look here: Alien Working Act B.E. 2551 (2008) and Alien Working Act B.E. 2551 (2008) Thai text

There is no exemption from a work permit. If you are working and getting paid here you must have a work permit. Paying taxes makes it more of a certainty that you need a work permit.

Tax info here: http://www.rd.go.th/publish/6001.0.html

[DavidBonnie]

Thai companies sometimes pay farang as a consultant until the work permit comes through so that they can legally receive money. Not sure how long this can be done for but as companies I worked for only used this option until my wp arrived I guess it is only a short term deal.

This happens fairly regularly and it seems companies like yours try to avoid the costs of the wp by using a number of excuses.

You may end up having to leave their employ as if you agitate about a wp (as you should) they may choose to simply hire another farang and tell them the same story.

It's a predicament for sure.

[IMA_FARANG]

Have a look here: Alien Working Act B.E. 2551 (2008) and Alien Working Act B.E. 2551 (2008) Thai text

There is no exemption from a work permit. If you are working and getting paid here you must have a work permit. Paying taxes makes it more of a certainty that you need a work permit.

Tax info here: http://www.rd.go.th/publish/6001.0.html

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As correctly stated, you need a work permit.

What may be the case is that your company does not know the rules regarding foreigners working in Thailand.

Thais do not need such things as work permits to work, so sometimes the Thai company is simply not aware or does not understand the law's requirements.

Or, possibly, they are avoiding getting you one, to avoid having to pay tax on you.

[smellyskater]

All great replies. Thanks for taking the time. Armed with this I'll press them and see how I go.

[Colabamumbai]

I have quit working at 2 schools previously in Thailand as they were not interested in preparing documents for Non B and W.P.

[smellyskater]

Thank you for all the replies. So part B of my question, what happens if I don't get a work permit? I've been through three months of one non b visa so far and now onto my second. Wouldn't there have been a problem in the second application if they see there wasn't a wp?

[digitalchromakey]

Thank you for all the replies. So part B of my question, what happens if I don't get a work permit? I've been through three months of one non b visa so far and now onto my second. Wouldn't there have been a problem in the second application if they see there wasn't a wp?

I refer you my post #2 above, you are still working illegally, the fact that you got a second 90 day single entry non immigrant 'b' doesn't change anything (it's the Labour Dept that would be interested in your illegal activity, not the MFA who over see visa issues).

Your employer is certainly fobbing you off and apparently doesn't give a .... about your situation.

Perhaps your should find yourself a better job before it's too late.

[TerryLH]

Don't forget that you need to file your taxes by the end of the month. Even if you don't owe anything.

The Revenue Department won't care too much about a lack of WP as long as you file. That's from personal experience.

I've always found them to be very helpful.

You should have been getting 'pay slips' showing the salary and deductions. Usually tax and Social Security.

Each year the company is supposed to give you a form for the year, showing total salary and deductions. That form is what the Revenue Dept will want to see.

[smellyskater]

I've been told that as a consultant I don't require a work permit. The initial contract was three months and now it has been extended another three months. I've referred them to the information kindly pointed out here. Other places I've looked also suggest voluntary work, strictly, would require a work permit. So it's regardless of the position type.

They talk about future work and say then I would need a work permit. Unfortunately it looks like that what many people have already said and they are a company unconcerned about their expat workers.

I had no idea that a tax file has to be filed and will have to get that together.

Have a great weekend.