Termination of the employment questions

[Banky Bee]

Dear all,

 

May I ask here for your advice please.

 

I've been happily working in Thailand for over than 3 years, with a company that provided me Non-B and Work Permit. Unfortunately, company's conditions are changing, and they are terminating many staff this year. I'm afraid to be the next in line for termination very soon.

 

Employer possibly will try to initiate my termination immediately on the day of announcement, or tell me about that post factum. Definitely they are not about to pay severance fee (like they did with other local staff in the company).

 

I have my contract and WP on hand, and know I’ll be able to defend my rights in a court. However, I'm still worrying about some aspects:

 

 

1. In case they initiate my termination, does it require from me to sign any papers with them? I want to be accurate, and not let them trick me regarding to the severance payment.
2. Does the law regulate the date when the severance payment must be paid to employee?
3. How to secure myself from overstay, and correctly cancel my Non-B and Word Permit? In case they issue termination letter for me, should I hurry up to visit immigration and labor department on the same day? Does it require to bring employer (HR) together with me? And what if they will initiate cancellation without letting me know..

 

I'm sorry if asking too many questions, this is my first experience is such situation. Thank you all.

 

[Gulfsailor]

If you are on a non-B visa, you can stay until the permitted to stay date stamped in your passport. However, if you’ve been working in Thailand for a few years it’s more likely you do  not have a non-B visa anymore, but immigration granted you an annual extension of stay based on employment. In that case your permission to stay ends on the day your employment ends. You can go to immigration and  apply for an extension which will be denied and you then get 7 days to leave the country. 
if you’re interested in staying in Thailand for a while you’ll need to find another reason applicable to immigration to give you an extension of stay, either through marriage, dependent or volunteer.

If you stay in Thailand it’s easier to chase after your severance pay PLUS you’ll be entitled to 200 days of unemployment benefits at 350 Baht per day through social security. 

Edited June 19, 2021 by Gulfsailor

[HampiK]

is an extension based on covid possible for him?

[Gulfsailor]

Just now, HampiK said:

is an extension based on covid possible for him?

When I was in the same situation last year, my local immigration refused to give a Covid extension on top of a non-B/extension.

[Maestro]

Sue your employer for unfair dismissal and this qualifies you for repetitive 90-day extensions until a judgment is made. Clause 2.26 of Police Order 327/2557 

 

Quote

 

2.26 In the case of litigation or court
proceedings:
Each permission shall be granted for no
more than 90 days.

 

(1) There must be evidence confirming that the applicant is involved in a
litigation or court proceedings as accuser, injured person, accused, plaintiff, defendant,
or witness.
(2) The applicant does not behave in such a way that indicating his
intention to stay longer.

 

 

[Banky Bee]

Hello Gulfsailor,

 

Thank you very much for the reply. You are correct, I have the stamp with annual extension of stay, which is expires next year.

 

Quote

When I was in the same situation last year, my local immigration refused to give a Covid extension on top of a non-B/extension.

 

Was you rejected for covid extension in Bangkok or somewhere else?

 

I have contacted an agency, asking to help me transfer to another company in case I will loose my job. They convinced me, that it would be possible to get covid 60-days extension, but now I'm getting confused.. Do you think I can go to immigration with this question, to clarify it?

[Banky Bee]

14 minutes ago, Maestro said:

Sue your employer for unfair dismissal and this qualifies you for repetitive 90-day extensions until a judgment is made. Clause 2.26 of Police Order 327/2557 

 

 

 

Hello Maestro,

 

Thank you for this helpful information and law reference.

 

As it was mentioned above, seems I will only have 7 days.. Do you think it is possible to process the sue, and get extension within this limited time?

 

[Gulfsailor]

8 minutes ago, Banky Bee said:

Hello Gulfsailor,

 

Thank you very much for the reply. You are correct, I have the stamp with annual extension of stay, which is expires next year.

 

 

Was you rejected for covid extension in Bangkok or somewhere else?

 

I have contacted an agency, asking to help me transfer to another company in case I will loose my job. They convinced me, that it would be possible to get covid 60-days extension, but now I'm getting confused.. Do you think I can go to immigration with this question, to clarify it?

My case was on Samui, but you could always check with your local immigration office. Maybe they’ve relaxed some rules since then. An agent may also be able to help you get an extension based on volunteering. Costly but it’s more than offset by any severance pay and unemployment benefits you are entitled to when staying in Thailand. 

[bwpage3]

The wise ones will tell you it is always smart to have a plan B before moving to the third world for situations just like this.

 

 

[FritsSikkink]

21 minutes ago, bwpage3 said:

The wise ones will tell you it is always smart to have a plan B before moving to the third world for situations just like this.

 

 

The wise ones know that the labor law and the labor office are very good in Thailand and you will get severance pay when you ask for help at the Labor office.

[impulse]

2 hours ago, FritsSikkink said:

The wise ones know that the labor law and the labor office are very good in Thailand and you will get severance pay when you ask for help at the Labor office.

 

I think the OP's  challenge is staying in Thailand long enough to pursue the case at the Labor Department.  If he leaves as normally required, he can't currently just do a border bounce without the cost and nuisance of a 14 day quarantine and COE and insurance...and...and...  Hopefully, he can get a Covid extension, but it seems at least one other poster found that to be problematic.

 

Over the years, I knew a few guys whose companies counted on them leaving Thailand and not coming back to fight for their severance.  With Covid requirements running into the thousands of $USD and weeks in quarantine, I can imagine some companies trying it on.

 

 

[Banky Bee]

Guys, thank you so much for the support and advising me in this difficult situation.

 

Yes, that's gonna be hard, but In case I have no options to stay in country, I'm ready to make a round trip and back on a tourist visa. Hope that's possible to obtain it after a long Non-B visa history in the passport.

 

I will try to contact local immigration, regarding to Covid extension and post an update here.