Hello Good Folks,

 

Been under quite a bit of duress and I have 3 questions which I require your advice.

 

I have been working in a Company for the past 1.5 years and was appointed as a shareholder of the company (it was their strategy to get me to work for them). During this past year, they have missed my salary payment 8 times and owe me an outstanding 5 months salary. They often blame it on the lack of cash flow and they also implore me to treat this Company as my own.

 

Fast forward, I left the country on the 18th July 2018 (with a re-entry permit) back to my home country (2 weeks) and was due to return on the 1st Aug 2018. Under the advice of my family and my Thai GF, I submitted the letter of resignation 1 week into the holiday and the Company informed me that it was illegal to resign while I am overseas. I told the Company directors that missing my salary payment 8 times and owing me an outstanding 5 months should terminate the employment contract due to the Company's Failure to Perform. They say that I cannot leave the Company while being on Extension of Visa (due to expire on 18th Dec 2018) with my work permit is still active (due to expire on 26 Sept 2018). My family and my Thai GF told me not to go back to Thailand for my safety as they do not know what will the company do to me. 

 

Question 1: Can I go back to Thailand as a tourist after the work permit expires? Will the immigration stop me and prevent me from entering the country?

Question 2: When I get married to my Thai GF, am I still eligible to apply for Non-O visa in the future? 

Question 3: Can the company remove me as a shareholder if I can prove that I have not contributed any form of paid up capital? (I am totally broke).

 

Thank you in advance for all the help I can get. 

 

1. You work permit expiring does not really matter. It is the date the extension ends that may be a problem since you have a re-entry permit valid until that date. If you get a tourist visa the officer on entry the country could insist on stamping you to the date your extension ends.

2. Yes

3. I would say they could since you have not made an investment in the company.

 

If they owe you back pay you could of filed a complaint to the Labor Ministry.

You can submit your resignation at any time. It does not matter if you still have a valid work or extension of stay.

If the company goes bankrupt you might be forced to pay some of the debt as you haven't contributed but are a part owner.

1 hour ago, ubonjoe said:

1. You work permit expiring does not really matter. It is the date the extension ends that may be a problem since you have a re-entry permit valid until that date. If you get a tourist visa the officer on entry the country could insist on stamping you to the date your extension ends.

Question Joe.

 

If his extension is based on working (Non B), doesn't the extension end on the day of his termination.

17 minutes ago, Tanoshi said:

If his extension is based on working (Non B), doesn't the extension end on the day of his termination.

Not automatically. He would have to do himself at immigration by showing a termination letter which is not possible since he is not here.

4 minutes ago, ubonjoe said:

Not automatically. He would have to do himself at immigration by showing a termination letter which is not possible since he is not here.

Understood, thanks for the clarification.

 

If his extension ended on the day he showed a termination letter, would they give him 7 days to leave so he could make alternative arrangements.

Edited August 4, 20187 yr by Tanoshi

I have a similar issue, my extension is until December and I resigned during vacation overseas. The company cancelled my WP but I never went to immigration with a cancellation letter since I was not in Thailand. Can I just change my passport and enter Thailand again without any problems? Or is it likely there will be an issue when entering (I am not sure if and how any visa/extension information are linked in their system)?

 

 

PS: Sorry I am using your topic for my question but it seemed very fitting because I am in a similar situation.

Edited August 4, 20187 yr by GrimmJow

23 minutes ago, Tanoshi said:

If his extension ended on the day he showed a termination letter, would they give him 7 days to leave so he could make alternative arrangements.

He would have to apply for an extension and pay the 1900 baht fee to get 7 days to leave the country.

The best way to do it is to go to immigration a few days before the termination date and they would post date the cancellation to that day which would allow enough time to leave the country.

18 minutes ago, ubonjoe said:

He would have to apply for an extension and pay the 1900 baht fee to get 7 days to leave the country.

The best way to do it is to go to immigration a few days before the termination date and they would post date the cancellation to that day which would allow enough time to leave the country.

I assume he could also apply for an extension based on retirement providing he could meet the financial requirement.

7 minutes ago, Tanoshi said:

I assume he could also apply for an extension based on retirement providing he could meet the financial requirement.

He could change the reason for his extension to any extension that requires a non immigrant visa entry if he could qualify for it. Or one of the few that don't require one if he could qualify for it (for example medical treatment or if married to Thai the 60 day extension).

1 hour ago, GrimmJow said:

I have a similar issue, my extension is until December and I resigned during vacation overseas. The company cancelled my WP but I never went to immigration with a cancellation letter since I was not in Thailand. Can I just change my passport and enter Thailand again without any problems? Or is it likely there will be an issue when entering (I am not sure if and how any visa/extension information are linked in their system)?

Do you have a re-entry permit? If not you could enter the country without a problem.

With a new passport there should not be any problem to enter the country.

6 minutes ago, ubonjoe said:

Do you have a re-entry permit? If not you could enter the country without a problem.

With a new passport there should not be any problem to enter the country.

Thanks Ubonjoe, I do have a re-entry permit. I will just get a new passport in that case.

6 hours ago, Fantaxc said:

Question 3: Can the company remove me as a shareholder if I can prove that I have not contributed any form of paid up capital? (I am totally broke).

Not without your consent. If they were smart they would have got you to sign a share transfer when you started. If they did they can remove you whenever they want.

Thanks for your help guys. I will come back after the extension of stay expires on the 18th Dec instead. Lets hope everything will be fine.