will digital work permit stop working in case of cancelation

[Kalorymetr]

Simple question:

Will digital work permit app stop working immediately upon work permit cancelation?

 

Hypothetical situation:

Let's say, you stop going to work and get fired without any contact from the employer, how can you know when to leave the country? (This is not my case, just an example of when this may be useful)

[BritTim]

Your permission to stay will not automatically be cancelled, even if your work permit (digital or otherwise) is cancelled. However, once your employment ends, you would be in a grey area. Strictly speaking, you should receive a termination letter from your employer, and take it to immigration to have your existing permission to stay cancelled. You should probably also talk with the Labour Office to check if any of your rights have been violated.

[Kalorymetr]

Can I cancel it by myself without any letters from the company?

[OneMoreFarang]

20 hours ago, BritTim said:

Your permission to stay will not automatically be cancelled, even if your work permit (digital or otherwise) is cancelled.

Really?

I thought the business visa depends on the work permit.

If the work permit does not exist anymore that makes the business visa invalid.

 

Obviously that doesn't mean that there will be a problem right away. But as far as I know that is the legal situation.

 

[Freddy42OZ]

1 hour ago, OneMoreFarang said:

Really?

I thought the business visa depends on the work permit.

If the work permit does not exist anymore that makes the business visa invalid.

 

Obviously that doesn't mean that there will be a problem right away. But as far as I know that is the legal situation.

 

I've had loads of business visas without any work permits.
 

[BritTim]

1 hour ago, OneMoreFarang said:

Really?

I thought the business visa depends on the work permit.

If the work permit does not exist anymore that makes the business visa invalid.

 

Obviously that doesn't mean that there will be a problem right away. But as far as I know that is the legal situation.

 

Firstly, there is an important distinction between being in Thailand on a permission to stay from entering with a Non B visa versus an extension of stay based on working. If the permission to stay is directly from the Non B visa, you are legal, period, nothing to even talk about. (Of course, you may not legally be allowed to work, but that is a different matter.)

 

If you have an extension of your permission to stay based on working, the situation is more complicated. It is a bit of a grey area. You are correct that your permission to stay ought to be terminated when your employment ceases. However, that does not happen automatically. Your OP talked of a scenario where your work permit was cancelled by the company without telling you. Under those circumstances, the company has acted illegally. Since your employment has not been properly terminated, the Labour Department, on review, is going to treat the work permit as still in effect. Until the company informs you that your employment is over via a proper termination letter, you remain employed, and your permission to stay remains valid. Once you receive a termination letter (which cannot be backdated but can state a future date) you are obliged to share this with Immigration who will cancel your permission to stay.

 

As I indicated in my earlier post, you should discuss this with the Labour Department who (contrary to what people usually assume) have a habit of being very helpful and fair to employees.

[OneMoreFarang]

3 minutes ago, BritTim said:

Firstly, there is an important distinction between being in Thailand on a permission to stay from entering with a Non B visa versus an extension of stay based on working. If the permission to stay is directly from the Non B visa, you are legal, period, nothing to even talk about. (Of course, you may not legally be allowed to work, but that is a different matter.)

 

If you have an extension of your permission to stay based on working, the situation is more complicated. It is a bit of a grey area. You are correct that your permission to stay ought to be terminated when your employment ceases. However, that does not happen automatically. Your OP talked of a scenario where your work permit was cancelled by the company without telling you. Under those circumstances, the company has acted illegally. Since your employment has not been properly terminated, the Labour Department, on review, is going to treat the work permit as still in effect. Until the company informs you that your employment is over via a proper termination letter, you remain employed, and your permission to stay remains valid. Once you receive a termination letter (which cannot be backdated but can state a future date) you are obliged to share this with Immigration who will cancel your permission to stay.

 

As I indicated in my earlier post, you should discuss this with the Labour Department who (contrary to what people usually assume) have a habit of being very helpful and fair to employees.

Thanks for the clarification.

 

I remember a farang who worked for many years in Thailand with the proper visa and work permit. When he retired, he stayed in Thailand and he thought that in his passport his visa was still valid (for maybe 6 months) and that all was ok.

Later he made a trip out of Thailand, and he told the immigration people (I don't know why) that he retired a few months ago. They made a big problem out of that.

This is what I remembered when I wrote above comment.

And yes, I understand that in the case of this thread the situation is different. 

 

 

 

 

[Kalorymetr]

23 hours ago, BritTim said:

Firstly, there is an important distinction between being in Thailand on a permission to stay from entering with a Non B visa versus an extension of stay based on working. If the permission to stay is directly from the Non B visa, you are legal, period, nothing to even talk about. (Of course, you may not legally be allowed to work, but that is a different matter.)

 

If you have an extension of your permission to stay based on working, the situation is more complicated. It is a bit of a grey area. You are correct that your permission to stay ought to be terminated when your employment ceases. However, that does not happen automatically. Your OP talked of a scenario where your work permit was cancelled by the company without telling you. Under those circumstances, the company has acted illegally. Since your employment has not been properly terminated, the Labour Department, on review, is going to treat the work permit as still in effect. Until the company informs you that your employment is over via a proper termination letter, you remain employed, and your permission to stay remains valid. Once you receive a termination letter (which cannot be backdated but can state a future date) you are obliged to share this with Immigration who will cancel your permission to stay.

 

As I indicated in my earlier post, you should discuss this with the Labour Department who (contrary to what people usually assume) have a habit of being very helpful and fair to employees.

Thank you. This explains the whole process clearly and also answers my concerns.