Answered7 years ago

What is the process for changing a foreign employee's work permit during a company merger in Thailand?

Work Permit Visa Rules Employee Transfer

Tim ***********

asked Apr 27, 2020

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Dear Tod and team,

My wife's company is trying to change a foreign employee's work permit from one company to another and we need some advice on the best way to go about this please.

2 of the group's companies merged on April 1st and because of complicated labour laws regarding companies with over 200 employees we need to move staff into a different company, including one of our foreign staff.

At present this employee has been diagnosed (since before the beginning of this month) as positive for the corona virus so is being quarantined at home. 

We understand the process to be that the employee has to declare to immigration that he will no longer work for company A, get a 7 day extension of stay and then reapply for a work permit for company B. As he is unable to go to immigration, would he be eligible for the announced amnesty? (He will be being paid out of Company B's payroll this month) If so, would the company have to declare to immigration that he is no longer working for company A?

Many thanks in advance for your help!

Tim

Answer summary

The process of changing a work permit for a foreign employee involves notifying immigration that the employee will not continue with the current company (Company A) and securing a 7-day extension of stay. Since the employee is currently quarantined due to a positive COVID-19 diagnosis, inquiries about eligibility for the immigration amnesty are raised. It's noted that the company must declare the employee's departure from Company A while applying for a new work permit with Company B.

4 repliesnewest first

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Robert *******

There is a big difference in a Work Permit from the Ministry Of Labor and the Non Immigrant Visa or the Extension of Stay from the Immigration Office.

Simpel solution, go to the Ministry of Labor with the Work Permit, add a second employer ( the company that he is going to work for) and later delete the company he has left.

7 years ago

Shah *****

In this case, Robert suggestion seems okay because I am assuming the employer remain same. Adding new company in work permit first, (can do if new company qualifies for all requirements) but don't delete the old company from work permit if he is on Visa extension. The whole trick in this is his Visa. If the employee is on extension visa which is issued on his work permit under his first company, then if employer cancels the company from work permit, his visa will be cancelled (Extension visa) but nothing happens to work permit. Work Permit for new company stays valid. If he is on 3 months non B visa, then not a big deal. Basically he would need a new Visa under new company.

6 years ago

Tim ***********

Many thanks Robert! This has been extremely helpful. I hope the process is as easy as it sounds!

7 years ago

Tim ***********

Thank you very much for your quick response Robert! Would the employee have to attend the Ministry of Labor if we added the second employer? Would he still have to change his Non Immigrant visa when we deleted Company A from his work permit?

7 years ago