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Probation and processing WPs

Discussion in 'Employment Contracts' started by crew, 9 Oct 2014.

  1. crew

    crew Thread Starter Faber College Member

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    hi all,

    i'm in the middle of writing an article about probationary periods and the time it takes for most schools to process a WP application. if anyone can help out with the following information, i'd be very grateful:

    1) what type of employer do you work for (public or private primary/secondary/university, language center, etc.)?
    2) did you have to pass a probationary period? if so, how long was it for?
    3) once you were hired or passed your probationary period, was their any delay in starting the work permit application process?
    4) how long did it take for your employer to get your work permit processed?
     
  2. ramses

    ramses Well-Known Member

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    1) private (inter)
    2) yes, 90 days
    3) the WP was obtained while on probation
    4) I got my non-B within 2 weeks of starting, and the WP was issued on or about the 90th day and the Non-B was extended to the end of the contract the following week.
     
  3. gungchang

    gungchang Well-Known Member

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    1) private, grades 1-12

    2) 90 day probation

    3) WP began right away and was issued during the 90 days.

    4) There was a delay because of a change in directors that had to be reflected in the school's paperwork. This meant an extra visa run for a second B visa while only 60 days into the first B visa.

    I don't recall how long that first WP took. My last one was done within the same calendar month as the visa. I then extended the visa the next calendar month.
     
  4. Dubarry

    Dubarry Active Member

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    1)Corporate via Language Center

    2) 90 day probation

    3) WP process started when I was hired (or so I was told).

    4) WP was issued just after probation period finished.
     
  5. Stamp

    Stamp Administrator Staff Member

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    1) secondary government school
    2 - 3) no probationary period
    4) almost 4 weeks. problems at the labour office. normally it takes 2 weeks for a initial work permit (WP.1).

    Just for future reference - The Labour Protection Act 2551 doesn't hold specific provisions in regards to probation. However, in the law is stated that employees are entitled for severance pay when employment is terminated without a cause after 120 days of employment. Therefore one could infer that a probationary period could exist but cannot be longer than 120 days.

    Note: Please don't start the discussion in this thread about severance pay because that's an other discussion!

    Don't forget to give credit to the members of Thailand Teaching - Teaching English in Thailand in your article. :innocent:
     
  6. crew

    crew Thread Starter Faber College Member

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    neh non, peuan pom. neh non. :drinking:

    i could have sworn it states how long probation periods can last--can't remember if i read it was 90 or 120 days. is it in there but it doesn't apply to schools, public or private? or, am i just wrong? :ashamed:

    currently gathering the numbers of the actual statues in the official decrees that state...
    - foreigners may not work until a work permit has been approved
    - penalties for employers and foreigners who are involved in working without an approved work permit
     
  7. Stamp

    Stamp Administrator Staff Member

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    To be honest I've always thought that it was 90 days but then again perhaps I was mixing up things with the maximum notice period.

    Below's the one and only section of the act that has the word 'probation' in it.

    http://www.labour.go.th/en/attachments/article/19/Labour_Protection_Act_BE2008.pdf
     
  8. Mister T

    Mister T Retired, fat and happy

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    That section of the labor act is very confusing - 90 days is the accepted probationary period, notice of termination can only be one pay period so three months notice is conflicting. The 120 day thing is a separate issue, that is a start calculation for severance. Also not clear is the fact that an employee can be dismissed immediately without compensation for a serious disciplinary offense eg; drunk on duty or assault in the work place.
     
  9. luibkk

    luibkk Well-Known Member

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    Actually this is defined in Section 119:
    Section 119. The severance pay shall not be paid to the employee
    whose employment is terminated upon any of the following grounds:
    (1) being dishonest in the discharge of duties or commit a criminal
    offense against the employer intentionally;
    (2) willfully cause damage to the employer;
    (3) do any negligent act which cause serious damage to the employer;
    (4) violate the working regulations or any legal and just regulations or
    order of the employer and the written warning has been given by the employer. In the
    case where there is serious situation, the giving of written warning by the employer is
    not required.
    Such written warning shall be valid for not more than one year as
    from the date the violation has been made;
    (5) absent from service for three consecutive days, irrespective of
    whether there is a holiday in-between;
    (6) having been sentenced by a final judgment of the Court to a term of
    imprisonment, except for an offence committed through negligence or a pretty
    offence.

    - - - Updated - - -

    1) government, secondary
    2) probationary period: 3 months
    3) work permit processed before employment started
    4) I did it myself and it took less than a week
     
  10. Rastus

    Rastus Well-Known Member

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    I've worked for four different employers. All jobs had probationary periods. Three were for 3 months and one for 4 months. The probationary periods were discussed at interview and included in the contracts but never mentioned again after that. There has never been a delay in WP application due to the probationary period. WPs and visa extensions were processed as soon as possible and in each case I got the WP before the end of the probationary period. The last WP application was the slowest due to having to wait for Kurusapa to issue a waiver before the Labour Department would issue the WP, and another Labour Department issue. It took almost 2 months.
     

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