Working full time with a ED visa during a probation period

[piair]

Hi all!

I found a company in Bangkok that wants to hire me Full time for 18 months with a 4 months trial period as an eCommerce manager.

During the probation period I will be paid 50k and 75k after those 4 months.

I curently have a ED Visa (I study thai 8h per week) and this company told me i can work with my ED visa during the probation period but they will have to take out 15% for tax from my salary. Once the probation period is over and if they keep me, they will arrange a business visa as well as a work permit.

Does it sound legal to you?

[Mario2008]

No that is not legal. Probation period or not you need to have a work permit and a work permit is not issued on an ED-visa.

[piair]

What about if it was only part time during the probation period?

[nzexpat]

What about if it was only part time during the probation period?

Read Mario's post again !

Part time work is work and remains illegal in the absence of a WP and appropriate visa

[piair]

I ask also my school. They told me under an internship it would be possible. The company would then be responsible for my ED visa.

Since the job has nothing to do with what i study, do you think this would work? Part time or full time?

If yes what about the tax?

[paz]

If you keep asking here, that's the only answer you will get - not legal.

Then how things can or can not work in practice is your judgment and your decision.

[digitalchromakey]

Not legal, any way you look at it.

What do you think would happen when someone connects your tax deductions and the absence of a work permit?

A company risks a fine if you are caught working with out a work permit and the correct visa, you on the other hand potentially risk a fine, imprisonment, deportation and black listing.

This employer is either badly advised, naïve and/or ignorant of employment law, or has no intention of retaining you after the 4 month trial period.

Talk to the employer nicely, if they won't stump up the WP/Visa (even if you initially cover the basic fees which are around 5,500 THB), then you would be well advised to walk away.

[RIJoe]

The 5,000 baht option for a stamp in Pattaya allows you to do what you want (per the Office Manager at my school). You supposedly can work, not attend classes and leave the country anytime. The 1,900 baht do-it-yourself option requires you to attend classes faithfully and you cannot leave the country during the 90 days. You get 15 day stamp while they check your attendance and if all is well, the 75 day stamp follows. BTW, this option requires 4 trips to immigration. First trip they check your paperwork and give you a number to come back the next day to pick up your passport. Same for the 75 day stamp.

[Soutpeel]

I ask also my school. They told me under an internship it would be possible. The company would then be responsible for my ED visa.

Since the job has nothing to do with what i study, do you think this would work? Part time or full time?

If yes what about the tax?

Read what has been written, it's illegal,

your not under an internship, that is only permissible via certain recognised Thai university courses your school is wrong

[Kitsune]

it takes 3 to 4 months to get a work permit, by that time (and after your 4 months probation) you will be 10 months away from the end of your contract, which means a lot of time (they need to put a secretary on the case,everyday pushing your application daily and getting all the paperwork done) and money for not even a year left.

The probation period excuse is often used by indelicate employers to avoid giving a work permit all together ... They pretext lack of time, staff to be dedicated to it, delays etc...

You are the one taking all the risks (fine/court/deportation)... and they obviously don't care.

Edited February 17, 2015 by Kitsune

[Caprelo]

Deducting 15K from your salary of 50K while you are not really on the books (no taxes submitted) is robbery. I bet they play this routine on many people and work permits never really happen. Perhaps they find a new candidates every few months with the same offer. Plus they get a 25K discount a month from the prospect.

[chrisinth]

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it takes 3 to 4 months to get a work permit, by that time (and after your 4 months probation) you will be 10 months away from the end of your contract, which means a lot of time (they need to put a secretary on the case,everyday pushing your application daily and getting all the paperwork done) and money for not even a year left.

The probation period excuse is often used by indelicate employers to avoid giving a work permit all together ... They pretext lack of time, staff to be dedicated to it, delays etc...

You are the one taking all the risks (fine/court/deportation)... and they obviously don't care.

Where does that assumption come from, that it takes 3-4 months to get a work permit?

It took me longer to get an extension from immigration than it did to get my work permit, and the extension was done well within a month.

If it takes 3-4 months, then someone is doing something very wrong.

[Expat Brad]

"This employer is either badly advised, naïve and/or ignorant of employment law, or has no intention of retaining you after the 4 month trial period."

The answer is no, no ,no........illegal.

The employer will probably pocket your tax money as well.

[paz]

The 5,000 baht option for a stamp in Pattaya allows you to do what you want (per the Office Manager at my school). You supposedly can work, not attend classes and leave the country anytime. The 1,900 baht do-it-yourself option requires you to attend classes faithfully and you cannot leave the country during the 90 days.

No. An extensions of stay for studying obtained by (supposed) corruption does not entitle anyone to work legally. To travel while on such an extensions only needs a re-entry permit.

[Soutpeel]

it takes 3 to 4 months to get a work permit, by that time (and after your 4 months probation) you will be 10 months away from the end of your contract, which means a lot of time (they need to put a secretary on the case,everyday pushing your application daily and getting all the paperwork done) and money for not even a year left.

The probation period excuse is often used by indelicate employers to avoid giving a work permit all together ... They pretext lack of time, staff to be dedicated to it, delays etc...

You are the one taking all the risks (fine/court/deportation)... and they obviously don't care.

3 to 4 months ? the last work permit I got took a week Edited February 17, 2015 by Soutpeel

[bbi1]

I ask also my school. They told me under an internship it would be possible. The company would then be responsible for my ED visa.

Since the job has nothing to do with what i study, do you think this would work? Part time or full time?

If yes what about the tax?

Your school is full or sh*t. Which school is it?

[Mario2008]

An internship must be part of your study for it to be legal and not requiring a work permit.

What your prospective employer suggest is illegal, period.

[inbangkok]

100% illegal no matter what you have been told. I also question the integrity of this company who seems so willing to tell you a blatant lie which could potentially end up in legal trouble for you.

Edited February 18, 2015 by inbangkok

[piair]

I ask also my school. They told me under an internship it would be possible. The company would then be responsible for my ED visa.

Since the job has nothing to do with what i study, do you think this would work? Part time or full time?

If yes what about the tax?

Your school is full or sh*t. Which school is it?

My Thai school at Thailand Cultural Center (RS Tower)

[Kitsune]

<script type='text/javascript'>window.mod_pagespeed_start = Number(new Date());</script>

it takes 3 to 4 months to get a work permit, by that time (and after your 4 months probation) you will be 10 months away from the end of your contract, which means a lot of time (they need to put a secretary on the case,everyday pushing your application daily and getting all the paperwork done) and money for not even a year left.

The probation period excuse is often used by indelicate employers to avoid giving a work permit all together ... They pretext lack of time, staff to be dedicated to it, delays etc...

You are the one taking all the risks (fine/court/deportation)... and they obviously don't care.

Where does that assumption come from, that it takes 3-4 months to get a work permit?

It took me longer to get an extension from immigration than it did to get my work permit, and the extension was done well within a month.

If it takes 3-4 months, then someone is doing something very wrong.

mine took 3 months,my mate 4

[SmuchtzBKK]

I ask also my school. They told me under an internship it would be possible. The company would then be responsible for my ED visa.

Since the job has nothing to do with what i study, do you think this would work? Part time or full time?

If yes what about the tax?

Your school is full or sh*t. Which school is it?

Saying that a school is full of shit is an easy shortcut,

It is possible to do an internship with a company, but then the student will not longer hold his student visa under the school name, as the field has nothing to do with the Thai language. The company will be in charge of his documents for student visa, and the extensions.

I was doing an internship in a company under a student visa, and I switch to a language School, the school provided me the documents from the Ministry of Education, and I did the transfer, after that i was doing my extensions at the immigration with the documents of the school. I didn't get any problem.

If he is currently under a student visa, if the company want to hire him, he will have exit Thailand and do a non-immigrant B and work permit. As they told him that is possible to work under a student visa by paying 15% of taxes, it resumes the situation, they don't really know the process very well.

Do they have foreigners already working there?

Edited February 18, 2015 by SmuchtzBKK

[piair]

I ask also my school. They told me under an internship it would be possible. The company would then be responsible for my ED visa.

Since the job has nothing to do with what i study, do you think this would work? Part time or full time?

If yes what about the tax?

Your school is full or sh*t. Which school is it?

Saying that a school is full of shit is an easy shortcut,

It is possible to do an internship with a company, but then the student will not longer hold his student visa under the school name, as the field has nothing to do with the Thai language. The company will be in charge of his documents for student visa, and the extensions.

I was doing an internship in a company under a student visa, and I switch to a language School, the school provided me the documents from the Ministry of Education, and I did the transfer, after that i was doing my extensions at the immigration with the documents of the school. I didn't get any problem.

If he is currently under a student visa, if the company want to hire him, he will have exit Thailand and do a non-immigrant B and work permit. As they told him that is possible to work under a student visa by paying 15% of taxes, it resumes the situation, they don't really know the process very well.

Do they have foreigners already working there?

No I will be the only farang for now.

MTS (My Thai school) is a great school. They advised me to ask the question here and told me working under a student visa is not allowed.

They did suggest that an internship was possible under certain conditions but that doesn't mean they are full of s***.

Moreover, I'm very happy with their services. Teachers are awesome, they make it easy to learn.

[SmuchtzBKK]

This is what I thought, you are their first foreigner.

If they told you that you can work with a student visa just by paying more taxes, it means they don't know anything about hiring a foreigner.

To avoid to get problem later on, make sure they can hire you by following the usual process. If they don't know how to do, a lawyer can be a solution.

Good luck with them