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

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. 

But if i am there 3 months and 1 day i can get severance pay?

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1 hour ago, Ian1980 said:

But if i am there 3 months and 1 day i can get severance pay?

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Nope, 30 days severence pay if employed over 120 days. 

Nope, 30 days severence pay if employed over 120 days. 

Oh,ok....but my last salary he has to pay it, right?

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4 minutes ago, Ian1980 said:

Oh,ok....but my last salary he has to pay it, right?

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Correct, say you will take it to labour office. 

Correct, say you will take it to labour office. 

But he can retain the amount of the salary as he paied my work permit? Note that nothing is written about this.

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4 hours ago, Ian1980 said:

But he can retain the amount of the salary as he paied my work permit? Note that nothing is written about this.

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No. 

And a WP costs 3800 baht. 

No. 
And a WP costs 3800 baht. 

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

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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.

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

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

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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?

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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.

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

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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.

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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.

 

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.

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1 minute ago, Ian1980 said:

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

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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.

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.

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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.

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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?

I have all the proof.

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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.

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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?

 

 

 

Edited July 4, 20188 yr by scorecard

Whatever they do i no have any copy and as well i dont sign any kind of paper

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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.

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.

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.

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. 

 

 

 

Edited July 4, 20188 yr by scorecard

15 hours ago, Ian1980 said:

Oh,ok....but my last salary he has to pay it, right?

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He must pay ! Contact labour dpt immediately 

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.

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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 …

 

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

Edited July 4, 20188 yr by ttrd

What a cheap bastard employer.

8 hours ago, Ian1980 said:

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

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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.

Please give all the juicy details regarding labour office all the way up to you receiving your money. 

Good luck