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Employer refuses to give a termination letter( that I am no longer employed)


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Hello all,

 

Please help me! I have worked LEGALLY for a school more than a year. I was told by the head of school that for the next academic year they don’t have a class for me at Kindergarten department, so I was told move to another province aka branch or leave the school for good (issue number 1. no word about severance payment). Then I was told I don’t go to another province I will just teach and work in the other department, for what I said it doesn’t reflect my contract and asked for new one, was rejected ( that’s the issue 2. Job not related with my contract and refusing to issue a new one). Also in contract it was said that we do Extracurricular activities during the work hours, but we did it after school and again they broke the agreement once again, issue 3. Hours of work after school. 
 

So I decided to leave the school because the above and others(yes,  I know I should have done 60 days prior leaving, but they did broke it multiple times and abused me and many other teachers mentally and financially) . I messaged and informed  the head of school and my ‘new boss’ in the ‘new department’ about my resignation. They confirmed that they have cancelled my work permit and visa( I didn’t have visa lol, but I had an extension of stay based on employment until October 2020).
 

I don’t know whether they lied to me about cancelling my work permit or not, but that I was told by head of school and HR. I went to immigration to ask how can I cancel my extension of stay, they told me that I need a letter from my employer that I’m no longer employed. The school refused to provide, I had to leave country in September 2020 and now I am back in February 2021 on a visa exemption . I have read the forum carefully and I know that I need to cancel the extension of stay, even though it has expired( in terms of getting a new employment ). Tell me if I am mistaken.

 

Please let me know what should I do in terms of letter of termination if the employer refuses to provide? Explain the situation to labour/immigration office and ask help from them? Also is there anything else I can do about it? 

Edited by User7752987
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Some immigration offices will want your previous extension formally canceled when you apply for a new extension. I have not heard of it happening recently.

If your previous school refuses to give you a termination letter you could file a complaint with the labor ministry.

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You're not the one who needs the termination letter. They need to write one up for the labor office, along with your work permit to have it canceled. This is required by Thai law. Yes, you should file a complaint with them if they're not doing this.

 

Then, they are entitled to give you the attached document from the labor office. Most important is your name next to ออกจากงาน, "out from work". This is what you need to get your new work permit at your new employer, and immigration will also want to see it for a new visa.

 

Seeing as how the usual go out and come back in is quite difficult, with this document you should be able to get your Non-B converted to a tourist visa, or the "Covid extension".

IMG_20210219_072159.jpg

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8 minutes ago, CrunchWrapSupreme said:

Seeing as how the usual go out and come back in is quite difficult, with this document you should be able to get your Non-B converted to a tourist visa, or the "Covid extension".

He has already left the country. 

A non immigrant visa of any type cannot be changed to a tourist visa entry.

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Hi,

With all respect i think this is your first time teaching in thailand or second. I think that because you are obviously not familier with working conditions in thailand. I was teaching marketing at a university then i quitted kind of same issues every teacher in thailand having. Now im working in a military company.

 

About your problems. I dont know i can help or not but let me mention few things that some users wrote here and also your comment.

 

Yes, it is probably true that they cancelled your work permit BUT its not true or possible that they can cancel your visa. 

Yes, you need that termination letter both for changing your visa or leaving the country. Now for leaving the country there are different things going on. In my case they didnt let me go out without that letter. Some.. they did. Its surely up to the IO. But i believe the right way they cannot let you go without that letter, because they dont know or sure if your running away or likewise situation. 

If your school not giving you that letter which seems to just trying to things make worst for you, you can report them to labor office or even to police. I suggest you to go and ask about this to labor office. 

 

good luck

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With work problems you always must find the way to labor office.

They will hear you, investigate and make report for actions. They are independent, as it should, working in Thai law.

However you need someone who can translate for the conversation for the best result.

I dont know how Myanmar do it, as lots of them go there.

Probably have someone who can talk Thai, as they come mostly in groups.

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18 hours ago, User7752987 said:

Hello all,

 

Please help me! I have worked LEGALLY for a school more than a year. I was told by the head of school that for the next academic year they don’t have a class for me at Kindergarten department, so I was told move to another province aka branch or leave the school for good (issue number 1. no word about severance payment). Then I was told I don’t go to another province I will just teach and work in the other department, for what I said it doesn’t reflect my contract and asked for new one, was rejected ( that’s the issue 2. Job not related with my contract and refusing to issue a new one). Also in contract it was said that we do Extracurricular activities during the work hours, but we did it after school and again they broke the agreement once again, issue 3. Hours of work after school. 
 

So I decided to leave the school because the above and others(yes,  I know I should have done 60 days prior leaving, but they did broke it multiple times and abused me and many other teachers mentally and financially) . I messaged and informed  the head of school and my ‘new boss’ in the ‘new department’ about my resignation. They confirmed that they have cancelled my work permit and visa( I didn’t have visa lol, but I had an extension of stay based on employment until October 2020).
 

I don’t know whether they lied to me about cancelling my work permit or not, but that I was told by head of school and HR. I went to immigration to ask how can I cancel my extension of stay, they told me that I need a letter from my employer that I’m no longer employed. The school refused to provide, I had to leave country in September 2020 and now I am back in February 2021 on a visa exemption . I have read the forum carefully and I know that I need to cancel the extension of stay, even though it has expired( in terms of getting a new employment ). Tell me if I am mistaken.

 

Please let me know what should I do in terms of letter of termination if the employer refuses to provide? Explain the situation to labour/immigration office and ask help from them? Also is there anything else I can do about it? 

You’re lucky they let you leave the country without the letter of resignation! I canceled my first work permit by leaving the country via land border to apply for a new non-b visa for my new job. The second time I tried to to that at the same border they wouldn’t let me leave the country. So I had to go back to my school to get the letter because they wouldn’t fax it to the border station! 

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14 hours ago, problemfarang said:

Hi,

With all respect i think this is your first time teaching in thailand or second. I think that because you are obviously not familier with working conditions in thailand. I was teaching marketing at a university then i quitted kind of same issues every teacher in thailand having. Now im working in a military company.

 

About your problems. I dont know i can help or not but let me mention few things that some users wrote here and also your comment.

 

Yes, it is probably true that they cancelled your work permit BUT its not true or possible that they can cancel your visa. 

Yes, you need that termination letter both for changing your visa or leaving the country. Now for leaving the country there are different things going on. In my case they didnt let me go out without that letter. Some.. they did. Its surely up to the IO. But i believe the right way they cannot let you go without that letter, because they dont know or sure if your running away or likewise situation. 

If your school not giving you that letter which seems to just trying to things make worst for you, you can report them to labor office or even to police. I suggest you to go and ask about this to labor office. 

 

good luck

Do you guys even read what the OP writes or just see the headline and go from there???

The OP said he already left Thailand in Sept 2020 and returned to Thailand in Feb 2021

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15 hours ago, ericthai said:

Do you guys even read what the OP writes or just see the headline and go from there???

The OP said he already left Thailand in Sept 2020 and returned to Thailand in Feb 2021

yes i read and i answered just in case if there are other ppl in his shoes.. take it easy.. it doesnt even concern you

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