Ok so ive got an non b visa with an extension of stay until 31st march. I've got a work permit due to finish on the same day.

 

My colleague at work has left the country many times without cancelling his work permit, hes adamant that as the  extension (piece of paper in my passport) and the tmj departure card will be on the Thai immigration computers at the airport with you logged to leave on the 31st you can just go.

 

I had a look at  a post in 2008 on this forum when i googled the question and it stated you no longer needed to cancel the work permit because your employer contacted the labour office but you had to go to immigration to cancel your non B.

 

So which is it? Can I just leave .. do i need to cancel my extension/visa ? Do I need to cancel the work permit. My colleague has about 4 work permits and has never cancelled anything.

 

Over on facebook they say it can be a problem or not .. very much up to immigration on the spot

 

any ideas anyone

 

thanks ... I want to go to laos the day before my visa expires which is a Friday to get  a new tourist visa on Tuesday the next week. At the moment my contract finishes 31st of march and then restarts in may

So, will you be working for the same employer, from May onward ? If you  will be, your employer should take care of all extensions (Visa & Work Permit), and they should be doing that now, before March 31.

at the moment their policy seems to be to let the contract end. all teachers leave the country and come back with tourist visas and begin again. that's why i'm asking. This has happened for the last three years. This year meetings have  been scheduled and cancelled some teachers don't know if they are coming back with 1 week to go.

 

So back to my original question what is protocol?

Re: Visa - if you leave Thailand without having obtained a Re-entry Permit, your Visa will be cancelled.

Re: Work Permit - as it sounds as though you plan to work in Thailand again, you should cancel it. You can do it yourself, at whatever Labour Dept. office you obtained it from. There is no charge. If you do not cancel it, you might face a fine of B 500 when you apply for your next W.P.

thanks Allane

 

so my visa expires 31st. So i need to go on that date anyway so cancellation isn't an issue as it will end. ill be flying or busing to Vientiane that night. 

 

So you saying there will no problem with me leaving the country as my visa or extension of stay expires on the 31st. Some people are saying go to immigration first to cancel extension then go to labour office .. unfortunately I'm literally teaching until 3.10pm on the last day. I have a gap between 9.20 and 2.20pm to get to the labour office, but I'm not sure if i can make immigration as well.

 

My colleague has about three work permits as i mentioned and hes never been charged 500 baht but that's by the by .. I'm more concerned about being stopped at the border as they might think my contract hasn't ended. although i do have a copy of that obviously 

If you will be leaving by air at the end (or close to the end) of your current extension, immigration will not require formal cancellation of your extension.

To the OP; Please refer to the topic: "Would I Have To Cancel My Visa..." If the moderators don't provide a link, click on my name, it is currently running on page 2 of my content.

Ubon Joe has referred to some trouble at the Savannaket and Nong Khai crossings into Lao for people in your circumstance. Take your contract with you, and if possible, get a letter from the employer that the contract is finished.  That should be self-evident, but better to be over=prepared, I suppose.

From Brit Tim's post, flying out might avoid any problem at the land borders.

15 hours ago, jaffas21 said:

at the moment their policy seems to be to let the contract end. all teachers leave the country and come back with tourist visas and begin again. that's why i'm asking. This has happened for the last three years. This year meetings have  been scheduled and cancelled some teachers don't know if they are coming back with 1 week to go.

 

So back to my original question what is protocol?

Just out of interest do they cancel your contract and pay severence to anyone?

Or one months notice payment?

Edited March 25, 20188 yr by overherebc

Short term contracts have conditions imposed by the labour department.

Many companies use them to avoid paying severence pay.

It should be worth your while to do some searching on what conditions short term contracts can be issued.

Google

Labour department Thailand short term contracts.

Edited March 25, 20188 yr by overherebc

Just out of interest do they cancel your contract and pay severence to anyone?
Or one months notice payment?

No severence although they made deductions at the start of the contract which you get back when you finish

Sent from my CPH1723 using Thailand Forum - Thaivisa mobile app

To the OP; Please refer to the topic: "Would I Have To Cancel My Visa..." If the moderators don't provide a link, click on my name, it is currently running on page 2 of my content.
Ubon Joe has referred to some trouble at the Savannaket and Nong Khai crossings into Lao for people in your circumstance. Take your contract with you, and if possible, get a letter from the employer that the contract is finished.  That should be self-evident, but better to be over=prepared, I suppose.
From Brit Tim's post, flying out might avoid any problem at the land borders.

Mmmm its either nong khai or fly out of bangkok that is looking more attractive ive seen some crazy videos of filipinos at nong khai arriving at 4am and running to the gate then waiting about for 90 minutes

Sent from my CPH1723 using Thailand Forum - Thaivisa mobile app

2 hours ago, jaffas21 said:

 

No severence although they made deductions at the start of the contract which you get back when you finish

Sent from my CPH1723 using Thailand Forum - Thaivisa mobile app
 

 

There are very strict rules by the labour dept on things like that.

If I was in your shoes I would contact the labour dept where your WP is/was issued and ask some questions.

Google what I posted before and read a few of the sites that you will find.

FYI.

The labour dept is more employee friendly than employer friendly.

Edited March 25, 20188 yr by overherebc

2 hours ago, jaffas21 said:

 

No severence although they made deductions at the start of the contract which you get back when you finish

Sent from my CPH1723 using Thailand Forum - Thaivisa mobile app
 

 

So they take money you are entitled to and then give it back instead of severence.

Sounds like a good deal for them.

Yeah i googled these deductions ajarn.com said it was illegal but then i found another website which i cant seem to find now that said it was legal in terms of guaranteeing your staff don't leave early. If someone in the know can clarify that it is under those terms with a legal reference ..meanwhile ill see if i can find the page.

Sent from my CPH1723 using Thailand Forum - Thaivisa mobile app

As per ajarn: an employer is not allowed to make any deductions from the basic salary except for tax, conts to a labour union, a welfare payment or debt or compensation due to wilful act or gross negligence.

Sent from my CPH1723 using Thailand Forum - Thaivisa mobile app

This is from siam legal.. Are these deductions legal then? Without one of these reasons?

Sent from my CPH1723 using Thailand Forum - Thaivisa mobile app

This is section 10 still nothing to do with guaranteeing your staff dont leave early

Sent from my CPH1723 using Thailand Forum - Thaivisa mobile app

17 minutes ago, jaffas21 said:

As per ajarn: an employer is not allowed to make any deductions from the basic salary except for tax, conts to a labour union, a welfare payment or debt or compensation due to wilful act or gross negligence.

Sent from my CPH1723 using Thailand Forum - Thaivisa mobile app
 

What benefit do you get from those deductions? 

It's like promising your child 500 baht a month pocket money, keeping back 50 baht a month then giving it back in December and telling him 'that's your Xmas present.'

If you are in Bangkok you don't need to cancel the work permit before you leave. You can hand back the old permit with a cancellation form at the same time you make your next work permit application.

 

This assumes you hold your own work permit.

7 minutes ago, jaffas21 said:

This is section 10 still nothing to do with guaranteeing your staff dont leave early

Sent from my CPH1723 using Thailand Forum - Thaivisa mobile app
 

It is illegal for a teacher as you are not responsible for money or property.

So your saying these deductions are completely illegal?

Sent from my CPH1723 using Thailand Forum - Thaivisa mobile app

Definitley?

Sent from my CPH1723 using Thailand Forum - Thaivisa mobile app

28 minutes ago, FritsSikkink said:

It is illegal for a teacher as you are not responsible for money or property.

Agree.

39 minutes ago, blackcab said:

If you are in Bangkok you don't need to cancel the work permit before you leave. You can hand back the old permit with a cancellation form at the same time you make your next work permit application.

 

This assumes you hold your own work permit.

Interesting point.

Every work permit I've ever been issued I stuck in my pocket at the labour office when it was issued and just kept myself.

Edited March 25, 20188 yr by overherebc

1 hour ago, jaffas21 said:

This is section 10 still nothing to do with guaranteeing your staff dont leave early

Sent from my CPH1723 using Thailand Forum - Thaivisa mobile app
 

If you leave early ie, your decision, you are not entitled to severence.

Yes, but they cannot make deductions and then them if you leave early. I believe taking them is not legal except for reasons on ajarn.com -see below or on these other pages : Ajarn.com -An employer is not allowed to make any deductions from the basic salary or overtime pay except for income tax, contributions to a labour union, a welfare fund or payments of debt, as well as compensation paid to an employer due to a willful act or gross negligence of the employee, provided that the employee consents in writing.

Deductions in each case cannot be more than 10 percent of, and in total not more than a fifth of the employee's salary, unless the employee consents in writing.



Sent from my CPH1723 using Thailand Forum - Thaivisa mobile app

11 minutes ago, jaffas21 said:

Yes, but they cannot make deductions and then them if you leave early. I believe taking them is not legal except for reasons on ajarn.com -see below or on these other pages : Ajarn.com -An employer is not allowed to make any deductions from the basic salary or overtime pay except for income tax, contributions to a labour union, a welfare fund or payments of debt, as well as compensation paid to an employer due to a willful act or gross negligence of the employee, provided that the employee consents in writing.

Deductions in each case cannot be more than 10 percent of, and in total not more than a fifth of the employee's salary, unless the employee consents in writing.



Sent from my CPH1723 using Thailand Forum - Thaivisa mobile app
 

It's a sad fact that a lot of teachers get screwed over by some schools. Many factors come into it, young teachers don't care, it's a year or two in the sun with pocket money Some not even qualified to teach so don't want to 'rock the boat.'

Many believe schools that threaten with 'we can make trouble for you if you complain' and we will get you deported.

That's just the way it is.

Its funny no one bothered to check it was legal

Sent from my CPH1723 using Thailand Forum - Thaivisa mobile app

1 hour ago, jaffas21 said:

...compensation paid to an employer due to a willful act or gross negligence of the employee, provided that the employee consents in writing.

Deductions in each case cannot be more than 10 percent of, and in total not more than a fifth of the employee's salary, unless the employee consents in writing...

 

This is it, probably, monthly deductions serving as a deposit for compensation for possible gross negligence during the period of employment, mentioned somewhere in the contract, and with your signature you agreed to it.

It doesn't mention a reason in the contract just that deductions will be made and then paid back. Is it required to mention why they are made?

Sent from my CPH1723 using Thailand Forum - Thaivisa mobile app