Tranferring Existing Work Permit To New Employee - With Boi Complication

[Bredbury Blue]

Hi

I have my own small consultancy company of which i am MD and through which i've had a work permit for the past 6 years.

I've recently joined a company as a direct employee. Plan is for me to 'mothball' my company and use it maybe over the next few years if required, and for my current work permit to be 'transferred' to the new employer rather than cancel the current work permit and apply for new one in their name (reason is in order that i can use the past 6 years of holding the work permit to apply for residency this coming November).

The HR department reckon that there could be a problem in transferring the work permit, in that their company is a BOI company, and they feel that there lies a complication in transferring a work permit from my company situation to a BOI company situation - i.e. not like to like.

Does anybody know if there is a a problem in transferring the work permit as proposed above? Or is it just a simply an admin paperwork job at Din Daeng Labour Office as i hope?

[SunbeltAsia]

Hi

I have my own small consultancy company of which i am MD and through which i've had a work permit for the past 6 years.

I've recently joined a company as a direct employee. Plan is for me to 'mothball' my company and use it maybe over the next few years if required, and for my current work permit to be 'transferred' to the new employer rather than cancel the current work permit and apply for new one in their name (reason is in order that i can use the past 6 years of holding the work permit to apply for residency this coming November).

The HR department reckon that there could be a problem in transferring the work permit, in that their company is a BOI company, and they feel that there lies a complication in transferring a work permit from my company situation to a BOI company situation - i.e. not like to like.

Does anybody know if there is a a problem in transferring the work permit as proposed above? Or is it just a simply an admin paperwork job at Din Daeng Labour Office as i hope?

It is not a transfer issue, as you cannot transfer a work permit from one company to the next. Each employer is judged by its own merits.

You have three options.

You either need to apply for a second job at the BOI and maintain two jobs/locations on the same work permit.

You need to cancel the work permit on the first job( your company) and apply for a new work permit with the second job.

Have the BOI Company employ your firm with a contract and maintain the work permit with your company.

Doing any of the three will not hurt your chances for a resident permit.

www.lawyer.th.com

[Bredbury Blue]

Sunbelt, thanks for your very prompt response and advice, but wouldn't option 2 "You need to cancel the work permit on the first job( your company) and apply for a new work permit with the second job" thereby automatically cancel my holding of a work permit qualification (isn't it for 3 year period continously?) that i currently have with my current 6 year old visa and thereby hurt and cancel my chances of qualifying to apply for a resident permit this year or later?

With regards the first option "You either need to apply for a second job at the BOI and maintain two jobs/locations on the same work permit", if they agreed to do so, is it only necessary that i need to pay withholding / income tax on one of the two 'jobs' (i.e. though the BOI company job) and not through both 'i.e. no need to pay tax / social security through my MD job with my own company?

One further complication to consider with regards to the last paragraph, my current work permit since the day it was issued, and presumably because we are such a small consultancy, states therein, that as a condition of the work permit we must employ 4 thai staff in conncetion with that work permit or words to that affect. As stated in my original posting, i was hoping to 'mothball my company' (i.e. and get rid of the staff), so can you see any problem if i lost the staff but had the BOI company / job added in to the current work permit book which includes the stated condition?

appreiate your further advice.

[Richard Hall]

thereby automatically cancel my holding of a work permit qualification (isn't it for 3 year period continously?) that i currently have with my current 6 year old visa and thereby hurt and cancel my chances of qualifying to apply for a resident permit this year or later?

Qualifying for a residence permit is not a matter of work permit at all but rather a visa/staying permit issue. The requirement is too have continuously stayed on base of a single entry non immigrant visa for a minimum of three years. This means you must have received a minimum of 3 x 1year staying permit extensions. Staying in Thailand on base of multiple enty non immigrant visa and hence requiring visa runs does not qualify for residency.

Even a retiree who has never worked in Thailand could qualify for a residence permit.

Visa issues, staying permits, naturalisation are issues in the responsibility of Immigration/Royal Thai Police and not the Labour Deparment at all.

Cheers,

Richard

[SunbeltAsia]

thereby automatically cancel my holding of a work permit qualification (isn't it for 3 year period continously?) that i currently have with my current 6 year old visa and thereby hurt and cancel my chances of qualifying to apply for a resident permit this year or later?

No. Granted when the work permit is cxl so is your extension of stay. However if in the 7 day period before leaving the country, you apply for the second job and the extension of stay the same day. This break does not count against you with Immigration/Royal Thai Police. You have in fact 30 days for the break between extensions of stay before it hurts you.

With regards the first option "You either need to apply for a second job at the BOI and maintain two jobs/locations on the same work permit", if they agreed to do so, is it only necessary that i need to pay withholding / income tax on one of the two 'jobs' (i.e. though the BOI company job) and not through both 'i.e. no need to pay tax / social security through my MD job with my own company?

With this option, you would have to get a salary at both jobs. The first company is because you are the MD and second company is because you are a employee ( BOI company) Remember the residence permit is all about the money. They want to see you love pay taxes to the Thai government. It better be a minimum of 75K salary per month or they won't even look at the application.

One further complication to consider with regards to the last paragraph, my current work permit since the day it was issued, and presumably because we are such a small consultancy, states therein, that as a condition of the work permit we must employ 4 thai staff in conncetion with that work permit or words to that affect. As stated in my original posting, i was hoping to 'mothball my company' (i.e. and get rid of the staff), so can you see any problem if i lost the staff but had the BOI company / job added in to the current work permit book which includes the stated condition?

Best is to cxl that work permit. Apply for a new work permit with the BOI company. You are under very old conditions with that work permit. If you reapply in the future, you would have a requirement of no Thai employees required for your company.

[Bredbury Blue]

Thank you to both parties who replied with that great advice which i have passed on to the BOI companies HR dept. cheers.