Do I have to give my ex employer my passport?

[Millcx]

On ‎25‎/‎04‎/‎2018 at 6:47 AM, Swimman said:

You don't need to and should not hand over your passport. If you are aggrieved about the manner of your dismissal then seek advice from the local Labour Office.

100% do NOT give them your passport  and Swimman is right... Its a lot easier than you think to get things sorted in the Thai labour office... Name and shame the company

[ubonjoe]

A inflammatory post has been removed.

[clash]

58 minutes ago, Millcx said:

100% do NOT give them your passport  and Swimman is right... Its a lot easier than you think to get things sorted in the Thai labour office... Name and shame the company

name and shame the company? best be careful with that 

[mentalcolonization]

Your employer will be needing your work permit to cancel your visa.

1. The employer takes your work permit to the Labor Office with a written request to terminate your work permit.

2. The labor office provides a written document to your employer that would have to be issued to the immigration.

3. Your employer takes the document to the immigration for the termination of your Non B ( because your Non B bears the name of the institution or company you are working at)

4. Now is when they will need your passport or you in person. The immigration has to cancel the Non B on your passport and issue you a 7 days stay in the kingdom.

 

For about firing you without a notification, you better look at your contract clause. There is always an article that is made clear. Under the termination clause: Your employer can sack you for improper behavior ( Most of which doesn't give you any compensation)

 

Thats to the best of my knowledge 

[NanLaew]

2 hours ago, DerekMarshall said:

Or that when they take your passport away for any reason, even a minor one they ask you to follow them? 

The buggers didn't ask me to follow them when they pulled my passport at Sheremetyevo in Moscow.

 

Most everyone filing a 1-year immigration extension of stay in Thailand has to leave their passport at their local immi office overnight.

 

Do you adhere to the credit card issuers nonsensical terms and conditions where you are not supposed to let the credit card out of your sight, even when making a payment?

[NanLaew]

41 minutes ago, mentalcolonization said:

Your employer will be needing your work permit to cancel your visa.

1. The employer takes your work permit to the Labor Office with a written request to terminate your work permit.

2. The labor office provides a written document to your employer that would have to be issued to the immigration.

3. Your employer takes the document to the immigration for the termination of your Non B ( because your Non B bears the name of the institution or company you are working at)

4. Now is when they will need your passport or you in person. The immigration has to cancel the Non B on your passport and issue you a 7 days stay in the kingdom.

 

For about firing you without a notification, you better look at your contract clause. There is always an article that is made clear. Under the termination clause: Your employer can sack you for improper behavior ( Most of which doesn't give you any compensation)

 

Thats to the best of my knowledge 

Not even close.

[Darren Powell]

Thanks for the info everybody. Much appreciated.

 

I know taking the day off was pretty stupid now but we were told at the start of the job we would be getting them all,  not just what they decided!!

 

I have been here for 15 months. It is a year visa . I only renewed it on 3rd April on a one year extension.

 

My contract was terminated on the 6th April.  My firm has left me in complete limbo and as of yet I have done nothing about cancelling it. They never asked for my passport back until abut two weeks after firing me.

 

What is my legal obligation to inform immigration when my contract has been terminated??

 

I have been to Ministry of Labour and I am entitled to ninety days pay

 

Many thanks again

[jenny2017]

I recall a Filipino who had to travel all the way to Pitsanulok to get her work permit canceled and to receive a letter from her employer when her last day of work was.

 

     That happened when she wanted to leave Thailand to apply for a Non-B in Laos. 

 

    You should get in touch with the IO immediately, there's a possibility that you're already on an overstay. Best of luck! 

  

 

   

[overherebc]

48 minutes ago, Darren Powell said:

Thanks for the info everybody. Much appreciated.

 

I know taking the day off was pretty stupid now but we were told at the start of the job we would be getting them all,  not just what they decided!!

 

I have been here for 15 months. It is a year visa . I only renewed it on 3rd April on a one year extension.

 

My contract was terminated on the 6th April.  My firm has left me in complete limbo and as of yet I have done nothing about cancelling it. They never asked for my passport back until abut two weeks after firing me.

 

What is my legal obligation to inform immigration when my contract has been terminated??

 

I have been to Ministry of Labour and I am entitled to ninety days pay

 

Many thanks again

My thoughts are that it's possible your WP is still with the company, waiting for you to give them your passport, and hasn't been cancelled yet. If you can verify that then get the company rep' to go with you to the labour office get notification of the cancellation ( letter ) and keep your passport in your pocket then apply and get the usual 7 days to leave at Imm' ( 1900 baht )  Gives you a week to sort out a few things ref' your 90 days pay and organise a fly out/in to get an SETV somewhere nearby.

Don't believe the 'we can stop you getting another visa/job crap' that some companies try.

I'm willing to be corrected on any of the above.

Edited April 26, 2018 by overherebc

[digbeth]

According to labour law, the Company is only required to have 13 paid holidays, and could be any 'traditional' holiday and must have labour day. They can have more, but it is not illegal to have holiddays that don't 'match up' with bank/government holiday. as long as there's 13 in a year, it's ok. Some company have 'different' holiday to the Thai ones like Chinese new year and Christmas day.

 

If you don't turn up on workind day that means you're absent.

 

But for absenteeism to be a fireable offense without prior warning, you'd need to be gone for 3 straight days (not counting days off or holiday in between) without reason and them being unable to contact you.

 

If it's only 1 day and you were fired, your employer is in the wrong and you can contact labour department for wrongful dismissal

 

Your HR might try to count the Saturday and Sunday before the Monday that you were absent as the 3 day absent required to fire you but they'd be in the wrong

 

 

[jenny2017]

5 minutes ago, digbeth said:

According to labour law, the Company is only required to have 13 paid holidays, and could be any 'traditional' holiday and must have labour day. They can have more, but it is not illegal to have holiddays that don't 'match up' with bank/government holiday. as long as there's 13 in a year, it's ok. Some company have 'different' holiday to the Thai ones like Chinese new year and Christmas day.

 

If you don't turn up on workind day that means you're absent.

 

But for absenteeism to be a fireable offense without prior warning, you'd need to be gone for 3 straight days (not counting days off or holiday in between) without reason and them being unable to contact you.

 

If it's only 1 day and you were fired, your employer is in the wrong and you can contact labour department for wrongful dismissal

 

Your HR might try to count the Saturday and Sunday before the Monday that you were absent as the 3 day absent required to fire you but they'd be in the wrong

 

 

Post 37:

I have been to Ministry of Labour and I am entitled to ninety days pay.

   

[overherebc]

49 minutes ago, digbeth said:

According to labour law, the Company is only required to have 13 paid holidays, and could be any 'traditional' holiday and must have labour day. They can have more, but it is not illegal to have holiddays that don't 'match up' with bank/government holiday. as long as there's 13 in a year, it's ok. Some company have 'different' holiday to the Thai ones like Chinese new year and Christmas day.

 

If you don't turn up on workind day that means you're absent.

 

But for absenteeism to be a fireable offense without prior warning, you'd need to be gone for 3 straight days (not counting days off or holiday in between) without reason and them being unable to contact you.

 

If it's only 1 day and you were fired, your employer is in the wrong and you can contact labour department for wrongful dismissal

 

Your HR might try to count the Saturday and Sunday before the Monday that you were absent as the 3 day absent required to fire you but they'd be in the wrong

 

 

Should read the whole thread before posting.

[DerekMarshall]

2 hours ago, NanLaew said:

The buggers didn't ask me to follow them when they pulled my passport at Sheremetyevo in Moscow.

 

Most everyone filing a 1-year immigration extension of stay in Thailand has to leave their passport at their local immi office overnight.

 

Do you adhere to the credit card issuers nonsensical terms and conditions where you are not supposed to let the credit card out of your sight, even when making a payment?

Yes! Are you crazy enough to let your credit card out of sight where it can be cloned? It is perfectly fine (and legal) for immigration office or embassy to keep your passport overnight. I got my extension for one year, I was not asked to leave it overnight. 

 

Just saying!. 

[varun]

2 hours ago, Darren Powell said:

Thanks for the info everybody. Much appreciated.

 

I know taking the day off was pretty stupid now but we were told at the start of the job we would be getting them all,  not just what they decided!!

 

I have been here for 15 months. It is a year visa . I only renewed it on 3rd April on a one year extension.

 

My contract was terminated on the 6th April.  My firm has left me in complete limbo and as of yet I have done nothing about cancelling it. They never asked for my passport back until abut two weeks after firing me.

 

What is my legal obligation to inform immigration when my contract has been terminated??

 

I have been to Ministry of Labour and I am entitled to ninety days pay

 

Many thanks again

There is no need to provide your passport to the employer.

 

I suspect they're fully aware that you're entitled to 90 days severance, 

and are looking for ways to weasel out of this obligation - starting with holding your passport hostage.

 

In this situation, you should ask them to provide you a written notice of termination, stating your last day of work.
Either that, or a certificate of employment (also stating your last day of work)

 

You can then use this to cancel your extension of stay.

You state that your WP has already been cancelled. 

The company should have a receipt or proof of cancellation.

 

If your employer refuses to comply with the above requests,

feel free to get the Labor Department involved.

 

I'm not sure, but if your WP has been cancelled already, 

maybe the Department Of Labour has a record of this. 

 

Do you have a written contract between you and the employer?

 

The worst case scenario should be that the company's legal representative goes with you to immigration for canceling your extension of stay.

Under no circumstances, hand them over your passport.

 

Edited April 26, 2018 by varun

[scorecard]

4 hours ago, NanLaew said:

The buggers didn't ask me to follow them when they pulled my passport at Sheremetyevo in Moscow.

 

Most everyone filing a 1-year immigration extension of stay in Thailand has to leave their passport at their local immi office overnight.

 

Do you adhere to the credit card issuers nonsensical terms and conditions where you are not supposed to let the credit card out of your sight, even when making a payment?

 

"Or that when they take your passport away for any reason, even a minor one they ask you to follow them?"

 

Is Thai Thai law or the law of your home country?

 

 

[Suradit69]

On 4/25/2018 at 12:26 PM, Darren Powell said:

He says he wants it so he can cancel my type B non imm visa.

Are you in the country on a 90 day visa entry or an extension of stay?

 

A visa entry would remain valid until your permission to stay ends. Visas are rarely cancelled. If you're here on an extension of stay ( do you do 90 day reports to an immigration office??), then as others have said, when your employment ends, so does the extension. 

 

On 4/25/2018 at 12:26 PM, Darren Powell said:

my passport belongs to the British government.

Not really relevant. They gave it to you and don't expect to get it back. If you manage to lose it, they won't send the troops in to retrieve it.

[jenny2017]

5 hours ago, DerekMarshall said:

Yes! Are you crazy enough to let your credit card out of sight where it can be cloned? It is perfectly fine (and legal) for immigration office or embassy to keep your passport overnight. I got my extension for one year, I was not asked to leave it overnight. 

 

Just saying!. 

Perhaps he/she meant the Thai consulate/embassy in Laos who keep the passport for one day when applying for a visa/extension. 

[ericthai]

On 4/25/2018 at 3:07 AM, Rama said:

 If my memory serves me correctly you have 2 weeks to get your immigration status changed or leave the country. 

Almost correct.  If you go to immigration to cancel the extension, you can request a 30 extension which will may or may not be granted, however most likely it will be denied and then they will stamp your passport that you have 7 days to leave. Cost is 1900

 

However OP, to help you better we need to know if you have a visa or an extension of stay. If you have a visa they cant cancel it and you can stay until your permitted date. If you have an extension then as I said above. 

[Manny]

It is illegal for anyone to hold your passport. It remains the property of the Crown

Call Me I got the people you can talk to about this with serious clout for real dude.

What's your LINE ID ~ I'll refer you to some people very high up the pecking order

[watcharacters]

 

 

 

Bye Bye job if trouble.

[Get Real]

On 4/25/2018 at 9:26 AM, PoorSucker said:

cancel your extension and apply for seven days to leave.

Where is the application form for 7 days to leave? Is that new? I thought you applied for an extension, and if that one is denied you will get 7 days to leave the country.

[PoorSucker]

9 hours ago, Get Real said:

Where is the application form for 7 days to leave? Is that new? I thought you applied for an extension, and if that one is denied you will get 7 days to leave the country.

Correct, you get denied and get 7 days to leave. 

[NanLaew]

21 hours ago, DerekMarshall said:

Yes! Are you crazy enough to let your credit card out of sight where it can be cloned? It is perfectly fine (and legal) for immigration office or embassy to keep your passport overnight. I got my extension for one year, I was not asked to leave it overnight. 

 

Just saying!. 

So Derek, do you traipse off to the cashier at a restaurant and watch the card swipe and print like a hawk? Do you get behind the counter at the hotel and watch it get swiped through their reader? Do you shout, "Stop right there!" when it momentarily disappears out of view? How uncomfortable do local ATM's make you when your card is out of sight while you make the transaction?

 

When you check into the hotel, do you follow the receptionist to the photo-copier to see your passport being scanned/printed? Barge behind the car rental booth to check that nothing funny is going on?

 

So NOW it's OK to leave your passport with someone else at immigration and the "follow me" is a myth like the "open plan office".

 

Jomtien Immigration extension renewal; overnight job.  Plenty more like that.

 

Udon Thani Immigration extension renewal; while you wait. Plenty more like that as well.

 

Just sayin'

 

Yes Derek I know, I'm being silly.

 

...but you started it.

[NanLaew]

<double post>

Edited April 27, 2018 by NanLaew

[NanLaew]

15 hours ago, Manny said:

It is illegal for anyone to hold your passport. It remains the property of the Crown

Call Me I got the people you can talk to about this with serious clout for real dude.

What's your LINE ID ~ I'll refer you to some people very high up the pecking order

"...for real dude."

 

And the moment was lost.

[MiNombreEsFicticious]

 

Thai employers may only terminate "for cause" (i.e without paying any severance or notice) an employee who misses THREE CONSECUTIVE WORKING DAYS. You missed ONE day, so your company must pay severance et. al. and you should be able to get help from the labour department. Your are owed severance, notice, unused annual leave days, etc.. Do not back down, do not sign anything, go to the the Labour Dept with a Thai speaker you trust. Good luck.

[overherebc]

1 hour ago, MiNombreEsFicticious said:

 

Thai employers may only terminate "for cause" (i.e without paying any severance or notice) an employee who misses THREE CONSECUTIVE WORKING DAYS. You missed ONE day, so your company must pay severance et. al. and you should be able to get help from the labour department. Your are owed severance, notice, unused annual leave days, etc.. Do not back down, do not sign anything, go to the the Labour Dept with a Thai speaker you trust. Good luck.

Go back a few posts and you will see he has already done so.

[jenny2017]

3 hours ago, overherebc said:

Go back a few posts and you will see he has already done so.

You can lead a horse to a pond, but you can't make it drink. 

[Darren Powell]

On 4/27/2018 at 12:15 AM, Manny said:

It is illegal for anyone to hold your passport. It remains the property of the Crown

Call Me I got the people you can talk to about this with serious clout for real dude.

What's your LINE ID ~ I'll refer you to some people very high up the pecking order

Hi Manny. 

 

Thanks so much for your offer. 

 

I realise it's been a while since your post but I've had issues! 

 

Hope the offer is still open? 

 

My line ID is shiny 34

 

Cheers

[Darren Powell]

Just now, Darren Powell said:

Hi Manny. 

 

Thanks so much for your offer. 

 

I realise it's been a while since your post but I've had issues! 

 

Hope the offer is still open? 

 

My line ID is shiny 34

 

Cheers

Sorry it's  shiny34 no space