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What happens to my work permit if a Thai employee resigns?

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Hi all,

 

I'm running a small company with my gf where we have 4 Thai employees in order for me to get my WP, everything is running according to rules and regulations.

 

What I would like to know is what happens if one (or more) of my employees resigns and I have trouble filling the spot, how long before we have problems, is there a specific grace period or how does it work?

 

Any info appreciated.

 

Thank you.

The 4 Thai's rule is to apply for the work permit. Unless the labor ministry was to make a visit you should not have a problem.

Sent from my SM-T231 using Thailand Forum - Thaivisa mobile app

  • Author

Thanks for your reply ubonjoe, what concerns me (and what we have been told from both immigration and the accountant, very clearly) is that if they can see in our paperwork the next time I'm extending my non-b that there has been a period of social security and taxes not paid for an employee they will not give me an extension.

3 hours ago, KhunAhoj said:

how long before we have problems, is there a specific grace period or how does it work?

I think this is one of those grey areas for which no one can give you a definite answer (except, possibly, for a specific labor office).

In most cases, I doubt the labor department would give you any problems if it is clear you were trying to fill the vacant position from the time the employee left. I would expect, though, that they would want to see the vacancy filled before extending your work permit.

ok i have been juggling 4 thai employees for years. seems you just need to be paying their social security and have them there for the photos when you are re newing your paperwork. i gave up trying to have 4 thais working for me and ended up with 2 and paying their wives social as well.  if anyone does a spot check you just say some of your staff are on holiday.

Employ a temp maid until find a new employee.

Take your time , I do not think you would get in trouble as long as have resignation letter etc

Here on Phuket only 2 employees required for the workpermit.

 

Every year the labor office asks me for the receipts of social security payments for the 2 months previous to the month in which I extend my workpermit.

1 hour ago, williamgeorgeallen said:

ok i have been juggling 4 thai employees for years. seems you just need to be paying their social security and have them there for the photos when you are re newing your paperwork. i gave up trying to have 4 thais working for me and ended up with 2 and paying their wives social as well.  if anyone does a spot check you just say some of your staff are on holiday.

sad; a really good example of why i never started a business here

Honestly this is a no brainer guys. As long as you replace them before your workmpeemit needs to be renewed, all will be well. Even If l there was an inspection, you would just need to show that this was a recent occurance. Staff resign all the time and it is common sense that you need a little time to replace one after they resign. On the other hand, if there was an inspection and you had not made an effort to replace the staff memeber for an extended period of time, then you would be given a deadline to replace your staff and a fine. Don't worry, just hire a replacement.  Case closed.

Edited by wmlc

If your business isn't a highly technical one, then put up flyers around the local high schools and universities and put on a part-timer so you always have 5. Takes all the pressure off if 1 quits and the office stays clean. :)

Here on Phuket only 2 employees required for the workpermit.
 
Every year the labor office asks me for the receipts of social security payments for the 2 months previous to the month in which I extend my workpermit.

Two employees is the rule in all provinces if you are married to a Thai, else four employees.

Sent from my Lenovo TB3-710F using Thailand Forum - Thaivisa mobile app

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