Work Permit cancellation and/or experiation ?

[BruceMangosteen]

As mentioned in my other post, there is an issue regarding a valid Work Permit and canceling it.

 

1. Cancellation of the Work Permit immediately triggers a void/cancellation of your associated VISA extension. (debate about it being the initial VISA not applicable) As related elsewhere, this cancellation request was denied because the employer who sponsored said Work Permit refuses to participate even in the simplest of ways such as signing a form. 

 

This brings us to the second question, here...

 

2. If your Work Permit expires, is there any reason the employer would have to sign off on it's "cancellation"? By reason I mean law or otherwise "rule"? The situation is the worker simply wants to convert to another type of VISA and the Work Permit is causing roadblocks to a happy life ever afterwards because it's not expired. (Why would I ask such a stupid question?...because was told by a Labor Department clerk the employer in fact had to sign off even in case of an expired Work Permit...I think the clerk is wrong but who is wrong?)

 

There is also an issue related to this of the workers "Social"(Thai Government program) participation and conversion. I won't bore you yet again. Suffice to say again however, the Work Permit has to be canceled to claim such benefits. This inquiry is about the Work Permit expiring and the associated rules and events. (yes, we all know the person has to get a new VISA of some type upon cancellation or expatriation)

 

Cheers. 

[ubonjoe]

There is no automatic cancellation of an extension. The labor ministry does not notify immigration. The extension has to be canceled by the person who has the extension by presenting a termination letter from their employer.

In reality the holder of the work permit can request it to be canceled. The employer does not have to grant permission for it to be cancelled.

If a work permit expires there is no need to cancel it.

If you want info about maintaining social security that is a topic for the business forum since it is not visas, extension or work permit related.

[BruceMangosteen]

11 minutes ago, ubonjoe said:

 

In reality the holder of the work permit can request it to be canceled. The employer does not have to grant permission for it to be cancelled.

I assume you are referring to the Work Permit above. This simply wasn't the case in a recent visit to the Labor Department(Chonburi). Cancellation was refused without permission/request/form from the employer. 

[ubonjoe]

16 minutes ago, BruceMangosteen said:

I assume you are referring to the Work Permit above. This simply wasn't the case in a recent visit to the Labor Department(Chonburi). Cancellation was refused without permission/request/form from the employer. 

The holder can request the work permit to be canceled without a employers signature. 

It is stated here on instructions for a work permit cancellation form.

http://doe.go.th/prd/assets/upload/files/alien_en/a3f172987ffdf1f2f05c1d81a920fbaf.pdf

[Anthony Loh]

To me is very common in Thailand, as we always know very well that different area always have some or more different requirements to get thing done. The best way is to go down to the office and request for more details. Cheers

[BruceMangosteen]

On 3/6/2017 at 9:07 AM, ubonjoe said:

 

If a work permit expires there is no need to cancel it.

 

Just to update...This wasn't the case in the Chonburi Labor office and/or the Chonburi Immigration. Both demanded the Work Permit be canceled by the employer and without same, refused further consideration of change in status of the employee(ex). She was advised to leave the Kingdom before her extension expires. The matter of the Work Permit expiration not equaling the VISA Extension based on work wasn't it seems, an issue. This difference is only fifteen days in this particular case.