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Work permit and help

Ian1980
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Ian1980 Advanced Member

Ian1980

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I am working in this place nearly 3 months. Got regular work permit. Visa on my own as i am on an Non O immigrant. The situation is:

The owner is pushing me cause we are in low season and point on me the fact that business is down cause of me. I feel my time here is finish: today he told me that he will not pay my last salary cause he will retain it for pay my work permit.

So my question is:

-Can he do that?

-My salary is 25000 thb and i am from Europe...but the minimum required for issue a work permit is 35.000 thb...am i right?

Can, if he will fire me, act against him at the Ministry of Labour?

Thanks

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PoorSucker Star Member

PoorSucker

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There is no minimum salary if you are on a Non-O visa, there is a minimum salary of 40.000 baht for extension of stay based on employment (not applicable for teachers). 

If you don't have a long term contract and been employed for less than three months you will not get sevevence pay. 

Last month salary although he have to pay, talk to your local labour office, they are 95% times on on the employees side, or just tell him you will talk to them. 

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ubonjoe Legendary Member

ubonjoe

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8 minutes ago, Ian1980 said:

Also this really interesting...why he told me he paied 22.000 thb for the work permit?

That would include agents, accountants, or a law office fees that they used to get it.

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Mattd Gold Member

Mattd

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45 minutes ago, Ian1980 said:

Ubonjoe sorry: as asked, he has the right to retain my last salary for the work permit?

Sent from my LG-K430 using Thailand Forum - Thaivisa mobile app
 

Do you have a contract of employment and does it mention anything regarding the work permit and associated costs?

Under normal circumstances your employer would have to bear any costs involved with the work permit.

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Mattd Gold Member

Mattd

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1 minute ago, Ian1980 said:

I no have any signed contract and nothing on paper that stated about i have to pay for the work permit.

Sent from my LG-K430 using Thailand Forum - Thaivisa mobile app
 

I assume that they are paying social security payments on your behalf, has any income tax been deducted from your salary? (given the low salary it would not be a lot after expenses and allowances)

Aside from the work permit, is there anything else in writing about the job?

 

Personally, I'd go to the local labour office, explain the situation and see what they say.

 

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Ian1980 Advanced Member

Ian1980

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I assume that they are paying social security payments on your behalf, has any income tax been deducted from your salary? (given the low salary it would not be a lot after expenses and allowances)
Aside from the work permit, is there anything else in writing about the job?
 
Personally, I'd go to the local labour office, explain the situation and see what they say.
 
No....they will not provide social security and i pay tax by myself. There is nothing written about the job.

Sent from my LG-K430 using Thailand Forum - Thaivisa mobile app

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Ian1980 Advanced Member

Ian1980

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Sounds like you are better off out of this TBH, pop along to the labour department office and chat with them.
I already find a new job instead of this. I just want my last salary as i own it. Thats it. I will have no problem to go to the labor office if tomorrow i will not be paied.

Sent from my LG-K430 using Thailand Forum - Thaivisa mobile app

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Mattd Gold Member

Mattd

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1 minute ago, Ian1980 said:

I already find a new job instead of this. I just want my last salary as i own it. Thats it. I will have no problem to go to the labor office if tomorrow i will not be paied.

Sent from my LG-K430 using Thailand Forum - Thaivisa mobile app
 

Yes, I don't blame you, if they don't pay, stick to your guns, though you will need some sort of proof of work, salary etc. any salary slips at all?

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scorecard Star Member

scorecard

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2 hours ago, Ian1980 said:

I no have any signed contract and nothing on paper that stated about i have to pay for the work permit.

Sent from my LG-K430 using Thailand Forum - Thaivisa mobile app
 

 

One of the documents needed in the wp application is a contract of employment, signed by both the employer and employee.

 

So what contract of employment was used in the application for work permit at the local labour office?

 

And do you have a copy of all the various documents lodged with the application form at the local labour office?

 

 

 

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scorecard Star Member

scorecard

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2 hours ago, ubonjoe said:

That would include agents, accountants, or a law office fees that they used to get it.

 

As Ubonjoe said, and there are plenty of examples of agents, lawyers, accountants charging outrageous wp fees.

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ubonjoe Legendary Member

ubonjoe

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10 minutes ago, scorecard said:

 

So what contract of employment was used in the application for work permit at the local labour office?

Not sure one is required. It is not on the list for a WP1 application form. https://www.doe.go.th/prd/assets/upload/files/alien_en/9b00a27ff2a929dc277b1b9ccb3f49a4.pdf

I think that is only needed for a non-b visa or extension of stay based upon working application.

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Mattd Gold Member

Mattd

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25 minutes ago, ubonjoe said:

Not sure one is required. It is not on the list for a WP1 application form. https://www.doe.go.th/prd/assets/upload/files/alien_en/9b00a27ff2a929dc277b1b9ccb3f49a4.pdf

I think that is only needed for a non-b visa or extension of stay based upon working application.

I am pretty sure that one is not needed for either, at least for renewal, my current employer is a bit lapse on contract renewal (forgetful!) and both my work permit and extension were renewed in March without there being a contract of employment being in place from September 2017.

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scorecard Star Member

scorecard

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3 hours ago, ubonjoe said:

Not sure one is required. It is not on the list for a WP1 application form. https://www.doe.go.th/prd/assets/upload/files/alien_en/9b00a27ff2a929dc277b1b9ccb3f49a4.pdf

I think that is only needed for a non-b visa or extension of stay based upon working application.

 

Interesting point.

 

I have PR so non-b visa or extension of stay based upon working application is not part of the situation.

 

However when I renew my wp as a uni lecturer the contract letter is required by the labour office. 

 

 

 

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ttrd Advanced Member

ttrd

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5 hours ago, Ian1980 said:

No....they will not provide social security and i pay tax by myself. There is nothing written about the job.

Sent from my LG-K430 using Thailand Forum - Thaivisa mobile app
 

It must have been signed a work contract as this is required to obtain a WP.

Suggest you start there to see what actually has been agreed. Its a lot more easy to seek correct  advice when you understand what you have signed on …:coffee1:

 

RE Social Security:

Enterprises those exempt from having to register social security fund.

Answer Every enterprises those have at least 1employees need access to social security systems.

 

Do enterprises with foreign employees need to register?

Answer Employer who employed foreigners work reorganization. If foreigners arrive in Thailand legally, employer must register social security, which will receive benefits as the insured Thai.
In case of foreigner, the attached documents are:

-   A copy or photograph of the foreign work permit(Work Permit) and copy or passport photos or Self declaration documents. If employee does not have documents above cannot be held registration.

 

http://thailawonline.com/en/thai-laws/faq/171-social-security.html

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Soneva Explorer Member

Soneva

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8 hours ago, Ian1980 said:

Also this really interesting...why he told me he paied 22.000 thb for the work permit?

Sent from my LG-K430 using Thailand Forum - Thaivisa mobile app
 

The work permit is on him.  Unless you specifically agreed to those terms in a contract, he cannot arbitrarily decide to withhold money from you for the work permit. 

 

If any problems, i.e. if he refuses to pay salary for time already worked, or anything else you are due, go to the Labor Court in your province.  Bring all documentation you have.  The process is completely free of charge for the employee to file a claim, and they have lawyers on staff to help advise you.

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