Getting new tourist visa while on Extension of Stay for working

[brianp0803]

I am currently on an extension of stay for working as a teacher.  My contract ends on 5 August.  

 

My job is requiring all teachers not renewing the contract to go to immigration of 5 August to cancel the contract and immediately terminate the extension of stay immediately. All working duties finished on 7 June for teachers that have been there several years and on 5 July for the new teachers. 

 

I believe I must exit the country immediately or pay 1,900 Baht for an additional week. Since I plan to get another job, I want to get a new visa.  

I have an trip to America planned for July.  I have a re-entry permit to keep my extension of stay valid until 5 August(required by my job).

 

Can I apply for a tourist visa in America while my extension of stay for working is still active?  I am hoping I can exit on 5 August by plane and return on 5 August with a new tourist visa.  Can I cancel my own work permit and permission to stay (although I think my school would not allow or deduct salary)?

 

Teachers that were not renewing and finished 7 June thought they had 7 weeks holiday and bonus due to them.  Some took jobs in other countries thinking they did not have to work again and they would get 7 weeks holiday pay and bonus.    The school announced to them one week before their final working day that they must return on 5 August to cancel their extension of stay on or resign and cancel their extension of stay before they left the country to start a new job.  If resign, then loose their remaining holiday pay and bonus. The school is 

[DrJack54]

So looking to answers to OP from the experts. Hope you get your entitlements. Good luck.

[overherebc]

If you resign you give away any right to severence pay etc, that's why tbe school is telling you to resign.

Your first action should be to contact the labour office that issued your work permit.

Even if you signed new contracts every year you are still entitled to severance for the full years you worked.

Don't let them cancel anything until you have spoken to the labour office, they will be on your side.

If you have accepted a new job in another country then you have burned your bridges.

Edited June 30, 2019 by overherebc

[brianp0803]

The school brings in the teachers and says we must sign this paper titled "Letter of Resignation" to cancel the work permit.  I changed the title of the document from "Letter of Resignation" to "Letter of Contract Termination".  They quickly disagreed with the title stating it was not  a contract termination.  Then I wrote "Letter of Contract Completion"

 

I wish the school would take us early to immigration to cancel everything and put the effective date at 5 August, but then teachers would not be forced to resign and loose holiday pay.

 

We also don't get sick leave pay for 3 months probation period, reduction of pay during probation period, no sick leave pay for summer school, no sick leave pay without a note for doctor for even 1 day sick.  Double penalty for sick on Monday or Friday.

 

Most teachers just bent over and took it.  

[brianp0803]

I have not accepted a new job in another country (but I know several teachers did expecting they would get their earned holiday pay and got a big surprise). 

But it is inconvenient to have to leave the country immediately or frustrating to pay 1,900 Baht to request 7 more days.  I am hoping to take care of everything at once and get a new visa in preparation for getting a new job.  

 

If on 5 august they cancel the work permit and then go to immigration to change the extension of stay to 5 August, do I need to leave the country immediately or 24 hours or longer?

 

If I can apply for a tourist visa when I am abroad, then I can schedule a quick in-out trip to activate the new visa for the evening of 5 August

 

[Isaanbiker]

27 minutes ago, brianp0803 said:

The school brings in the teachers and says we must sign this paper titled "Letter of Resignation" to cancel the work permit.  I changed the title of the document from "Letter of Resignation" to "Letter of Contract Termination".  They quickly disagreed with the title stating it was not  a contract termination.  Then I wrote "Letter of Contract Completion"

 

I wish the school would take us early to immigration to cancel everything and put the effective date at 5 August, but then teachers would not be forced to resign and loose holiday pay.

 

We also don't get sick leave pay for 3 months probation period, reduction of pay during probation period, no sick leave pay for summer school, no sick leave pay without a note for doctor for even 1 day sick.  Double penalty for sick on Monday or Friday.

 

Most teachers just bent over and took it.  

 No sick leave pay for the probation period is something I could live with. It’s only 90 days, so that should be possible, don’t you think? Under no circumstances sign a letter of resignation that you resign.

 

If you do that you might lose more than just some holiday pay. A note for a doctor for even 1 day sick? Okay, I get it. You mean a medical statement from a doctor that you’re sick, even when you’re only absent for one day.

 

Such documents are easy to get from a clinic without much money wasted, of course only if they don’t want it from a government hospital.

 

 What’s the double penalty when you’re sick on a Monday, or a Friday? I’m aware that a certain agency had started not to pay weekends when somebody doesn’t show up on a Monday, or a Friday. Such things are totally illegal and you should let the labor department know about such inhuman practices. 

 

Even if that’s in your contract, it’s totally illegal and they wouldn’t have a chance when you take them to the labor court. All city halls have a particular office where you could even get a free lawyer and they usually are for the employee. Such things happen very often, so you wouldn’t be the first.

 

If I were you, I’d immediately visit the Department of Labor, I’m certain that they are aware of the school, or agency that’s creating a lot of troubles. They’re usually pretty cool and will help you. They will then send you to the place in the city hall, sorry, I forgot the Thai name for it.

 

Best of luck, don’t lose your temper!!

[Isaanbiker]

24 minutes ago, brianp0803 said:

I have not accepted a new job in another country (but I know several teachers did expecting they would get their earned holiday pay and got a big surprise). 

But it is inconvenient to have to leave the country immediately or frustrating to pay 1,900 Baht to request 7 more days.  I am hoping to take care of everything at once and get a new visa in preparation for getting a new job.  

 

If on 5 august they cancel the work permit and then go to immigration to change the extension of stay to 5 August, do I need to leave the country immediately or 24 hours or longer?

 

If I can apply for a tourist visa when I am abroad, then I can schedule a quick in-out trip to activate the new visa for the evening of 5 August

 

You’ll need a letter from your employer stating when your last day will be/was. Then you can cancel your work permit by yourself and apply for a seven-day extension for 1,900 baht.

[brianp0803]

Can I apply for a tourist visa while I am currently on an extension of stay while  on vacation abroad?

 

If I can get a tourist visa during July, then  when they cancel my extension of stay on 5 August, I can schedule a quick in-out trip plane on the same day to activate the new visa.

[BritTim]

There is no reason anyone from your school needs to accompany you to immigration. If you have a letter that confirms your last day of employment, you can go to immigration and they will post date the end of your permission to stay

 

While not ideal, you could leave through an airport, apply for a tourist visa abroad, and return using the tourist visa without using the reentry permit. Your immigration office might complain about the extension based on working not being properly cancelled. I doubt you would be allowed to use the reentry permit for your non immigrant entry with a new tourist visa in your passport.

 

I think easiest would be for you to book an appointment for August 6 2019 in Vientiane, planning to apply for a tourist visa there. Fly to Vientiane on August 5, apply on August 6, return with your tourist visa August 7.

[lkv]

Do you already have a re-entry permit?

Edited June 30, 2019 by lkv

[brianp0803]

The school is aware that it is possible to go to immigration early and post date the end of my permission of stay.  I have asked several times for a letter simply stating that I was a teacher there, and they never gave it to me. 

It is extremely unlikely they would give me a letter confirming the end of contract.  That would make it convenient for the employees to complete the paper work to complete the contract.  If the 5 August date is not convenient, the school is requiring teachers to resign and loose the remainder of their holiday pay and also  the remote possibility of the end-of-year bonus.

 

Do I have to leave immediately or can I wait 24 hours to find a good flight and time to arrive at the airport.  Trying to complete immigration and schedule a flight in the same day could be difficult.  I probably need to pay the 1,900 Baht and make the school happy they won.  

[overherebc]

Just mention to the school that you have an appointment with the labour office at the end of the week and see how they reply/react.

Edited July 1, 2019 by overherebc

[overherebc]

10 hours ago, Isaanbiker said:

 No sick leave pay for the probation period is something I could live with. It’s only 90 days, so that should be possible, don’t you think? Under no circumstances sign a letter of resignation that you resign.

 

If you do that you might lose more than just some holiday pay. A note for a doctor for even 1 day sick? Okay, I get it. You mean a medical statement from a doctor that you’re sick, even when you’re only absent for one day.

 

Such documents are easy to get from a clinic without much money wasted, of course only if they don’t want it from a government hospital.

 

 What’s the double penalty when you’re sick on a Monday, or a Friday? I’m aware that a certain agency had started not to pay weekends when somebody doesn’t show up on a Monday, or a Friday. Such things are totally illegal and you should let the labor department know about such inhuman practices. 

 

Even if that’s in your contract, it’s totally illegal and they wouldn’t have a chance when you take them to the labor court. All city halls have a particular office where you could even get a free lawyer and they usually are for the employee. Such things happen very often, so you wouldn’t be the first.

 

If I were you, I’d immediately visit the Department of Labor, I’m certain that they are aware of the school, or agency that’s creating a lot of troubles. They’re usually pretty cool and will help you. They will then send you to the place in the city hall, sorry, I forgot the Thai name for it.

 

Best of luck, don’t lose your temper!!

A few schools like to think that if you sign a new contract every year then severerance doesn't need to be paid.

As far as the labour office is concerned 3 or 4 contracts of one year is the same as  3 or 4 years continuous work. All they look at is the continuous tax payment record.

[brianp0803]

yes - I have re-entry permit to maintain extension of stay until 5 August.  

 

I guess if the extension of stay is cancelled, then can not can't get paid.  I would think most schools pay for the all salary (including holiday pay) on the last working day (5 July).  But unless you go on 5 August with the same extension of stay - then the business will not pay for the holiday pay (through (5 July - 5 August)

 

I did not want to renew  - it was my choice to not renew.  But now the school is trying to make it difficult for teachers to complete the paper work to be able to get a new job.  

We should get our payment for July on 25 of July.  The final payment and possible bonus might be paid on 25 August.  

[lkv]

14 minutes ago, brianp0803 said:

yes - I have re-entry permit to maintain extension of stay until 5 August.  

 

Sorry my bad I re-read your original post.

 

I don't believe an Embassy will issue you with a visa in July. You already have been granted a permission of stay, and the re-entry permit keeps the permission of stay alive. Hence, no need for a visa.

 

Unless perhaps you were coming back past August 5, you might convince the embassy to issue you a tourist visa in July (with intended travel dates past Aug 5).

 

I think they will say no, but it would be better to ask them by mail or phone, I don't want to provide incorrect advice.

Edited July 1, 2019 by lkv