Change in RP while changing employer

Hi,

I am an Indian citizen, currently working in Belgium on long term Work Permit. Currently my Single Permit (RP) of type "A" is valid till end of 2020.

I had got an offer from another employer in Belgium and then they processed to get my work authorization changed to them. Now that has been approved and I am asked to go to commune for getting my RP changed.

In this situation, if I get my RP changed with the approval documents from new employer, will that mean I will not be able to work for current employer as soon as the RP is changed? I am asking this because I need to serve the notice period for my current employer before I can start working for new employer.

Or can I get my RP process done in the commune and then continue with current employer till the end of my notice period and post that start working for new employer?

Thanks,
RJ

This is the GERMANY forum.
Your question would be better places in the BELGIUM forum.

Hi Fantasy2019,

Your topic has been moved to the Belgium forum.

Thanks,

Priscilla
Expat.com team  :cheers:

your WP is linked to an employer , thus when you have a new one then you can't work for the old employer

try to discuss this with your new employer to see what is the outcomes

Indeed, check your new WP start date. On this start date, your old WP becomes invalid which prevents you to work for your old employer.

Ideally when changing jobs, new employer puts the start date of new work permit, as the joining date to the new job (after you serve notice period in current job etc).

If your new work permit start date falls after your notice period, things are ok.

Else, discuss with your employers.

Hi Aneesh,

Thanks for the response. But curious - Now that it is single permit (Employment + Residence), hence when the new employer initiates my employment change process with the ministry; they don't know when the approval will come and based on that when I can join. Basically, without approval of new single permit from ministry (for new employer), I can't quit my current job. Once the approval comes from ministry then only I quit in my current company and start serving the notice period (which is 3 months in this case). Hence, it will always be chicken-egg situation.

Say post offer acceptance, new employer initiates the process on 03-Dec-2019
Approval (Employment authorization & Annex 46 for new employer) comes on 17-Feb-2020
I quit in my current company on 18-Feb-2020
My notice period in my current company is till 17-May-2020

Note: My current RP is valid till end of 2020

Hence would like to understand how the process works in the above scenario?

Thanks,
RJ

No... like Aneesh and Msanad said, you should not be allowed to work for your previous employer anymore, because you did thing in the wrong order...

You should have known that your previous work permit, with your previous employer, would be "canceled" while requesting a new work permit for another job.
You should have resigned just after asking a new unique permit, especially if you knew you'd have a long notice period...


To make it clear, your old employer can request to be paid back for the notice period that you won't be able to do, if it happened... And if he's really angry, he can even go to the court...
So, let's make a friendly byebye and talk with your employer to find a peaceful solution, and avoid any troubles because at some point it's your own fault...

Hi AlexFromBelgium,

Thanks for clarifying. So, that means correct order is:
1. Accept the offer from new employer
2. New employer files for new Single Permit
3. Immediately I resign from current employer (not waiting for approval from authority)

But 2 questions with this order:
1. What happens if my notice period ends before the Single Permit for new employer is not approved? (because my current employer would have cancelled my current WP and I have not got new employer's approval yet)
2. What happens if the Single Permit application for new employer does not get approved? (because in this case I have already resigned from my current employer & will not be able to join new employer too)

Thanks,
RJ

Hey @fantasy2019

I am pretty much in the same situation.
I personally, do not want to resign as the new-work-permit has not arrived yet.

What is the correct thing to do?
Imagine, I sign the offer today: 16-July.
Ask for start-date 16-November at the new job so that you are more assured that the work-permit is going to be processed by then?
The resignation in the current-company can be given from 1 October (as my notice period is 1.5 months)

Thanks
KW

Hi,

How did it work out for you finally ?

Thanks
Shivam

Following the post as I might soon be in the same situation to change employer

Plz share your experiences on above situation as I am holding the same situation now and finding a way for smooth transition.  Any suggestion.