Losing a job, what's with the visa?

[grav]

My contract has been terminated, and I'm currently wondering about the next steps to take. My ex-employer has kept my work permit book, and informed me that their lawyer, who was responsible for my visa and work permit since the very first day, will contact me about the next steps. However, I'm conflicted with them as the entire layoff was extremely unprofessional from their side, and I can't trust them to handle the cancellation correctly. Therefore, I believe that I will need to take some action on my own.

 

If my contract was terminated today, does it mean that my visa is already voided, and I will be overstaying from tomorrow? My visa was issued by the Chaeng Watthana bureau, and as far as I understand, I don't have any additional "post-visa" extension granted by them automatically. I've read about the 7-day extension for 1900 baht during the cancellation process, but I would prefer to avoid that, as I plan to do the visa run and come back on the 30-day tourist exemption stamp anyway.

 

What actions should I take? Can I just wait for the employer's move, or does it put me in a vulnerable position where I may technically already be overstaying?

[FriendlyFarang]

Is your current permission of stay directly from a visa or did you apply for an extension?

[grav]

I haven't contacted immigration yet as I just got laid off. My former employer has "promised" to arrange a meeting with their lawyer to help me with my immigration status, but I am doubtful of their trustworthiness. Now I'm just seeking advice on the best course of action in this situation.

[FritsSikkink]

14 minutes ago, grav said:

I haven't contacted immigration yet as I just got laid off. My former employer has "promised" to arrange a meeting with their lawyer to help me with my immigration status, but I am doubtful of their trustworthiness. Now I'm just seeking advice on the best course of action in this situation.

Look in your passport, do you have an extension of stay or a visa. how long did you work for them? What was the reason to terminate? You might have right on sufferance pay.

Edited May 15, 2023 by FritsSikkink

[grav]

1 minute ago, FritsSikkink said:

look in your passport, do you have an extension of stay or a visa.

To be honest, I cannot be 100% certain, but I believe it is a visa.

 

It appears as a stamp on my passport with the title "NON 'B'" on top. It supposed to be a temporary kind of... something. Issued on 14 March 2023 and is valid until 11 June 2023. Additionally, there is a disclaimer at the bottom that states "Please contact the Immigration Office for a Re-Entry before leaving Thailand."

[FriendlyFarang]

11 minutes ago, grav said:

It appears as a stamp on my passport with the title "NON 'B'" on top. It supposed to be a temporary kind of... something. Issued on 14 March 2023 and is valid until 11 June 2023. Additionally, there is a disclaimer at the bottom that states "Please contact the Immigration Office for a Re-Entry before leaving Thailand."

You entered Thailand at some point in January or February as a tourist, and then your tourist entry was converted to a non-B at immigration, right?

In this case you can stay in Thailand until 11th June with your current permission to stay.

[BritTim]

How were you informed that your contract is being terminated? Is the termination really with effect from today? Were you still on a probation period at the job? If you have written notification of your termination, do they state that their lawyer will contact you within the same letter?

 

For dealing with immigration, the help of the lawyer (assuming the employer is paying) will be helpful. However, you might be eligible for compensation which the lawyer may well attempt to steer you away from. If possible, go with the lawyer to the Labour office when the lawyer takes the work permit there for cancellation, and talk to the officials there yourself. If you are entitled to anything, the Labour Department officials tend to be very good at helping employees get what they are entitled to.

 

I will look for your following posts before commenting further.

[grav]

15 minutes ago, FriendlyFarang said:

You entered Thailand at some point in January or February as a tourist, and then your tourist entry was converted to a non-B at immigration, right?

In this case you can stay in Thailand until 11th June with your current permission to stay.

Indeed, you are correct. The exemption stamp in my passport has been "transformed" into what now appears as a "NON 'B'" stamp, despite being granted for only a three-month period.

 

However, I am concerned about whether the validity of my "visa" is somehow dependent on my work permit status. If my work permit has been canceled, does this mean that my visa is also considered canceled?

[BritTim]

3 minutes ago, grav said:

However, I am concerned about whether the validity of my "visa" is somehow dependent on my work permit status. If my work permit has been canceled, does this mean that my visa is also considered canceled?

That is a very good question and, quite honestly, I am not certain of the answer. Usually, if this was an entry on the Non B visa issued by a consulate outside Thailand, the 90-day entry on the visa remains valid. However, since the visa and associated permission to stay were given directly by Immigration on the basis of your employment, it is possible the rules are different, and your permission to stay terminates immediately.

[grav]

2 minutes ago, BritTim said:

How were you informed that your contract is being terminated? Is the termination really with effect from today? Were you still on a probation period at the job? If you have written notification of your termination, do they state that their lawyer will contact you within the same letter?

 

For dealing with immigration, the help of the lawyer (assuming the employer is paying) will be helpful. However, you might be eligible for compensation which the lawyer may well attempt to steer you away from. If possible, go with the lawyer to the Labour office when the lawyer takes the work permit there for cancellation, and talk to the officials there yourself. If you are entitled to anything, the Labour Department officials tend to be very good at helping employees get what they are entitled to.

 

I will look for your following posts before commenting further.

Last Friday, just moments before wrapping up my work for the day, I was summoned for a meeting where I was presented with a "Termination of Employment during Probation Period" letter. The date on the letter is 15th May 2023, which is today. Unfortunately, there is no mention of any forthcoming actions concerning the cancellation of my work permit or visa. The company heavily rely on their lawyer for that kind of matters. Consequently, I have been unable to obtain any information regarding my immigration status from them. They have merely assured me verbally that they will arrange a meeting with their lawyer on Monday (today) to clarify everything. However, according to the nature of our conflict, I must take some measures to safeguard myself against any potential harmful negligence on their part.

 

And obviously my contract explicitly grants the employer the right to terminate the agreement without prior notice during the probation period.

[BritTim]

Write a short letter right now stating that, based on their verbal statement that the termination will be handled by their lawyer, you are awaiting contact from their lawyer before considering the termination as effective. Make them sign to acknowledge receipt of this letter,.

[OneMoreFarang]

I started a similar thread not long ago. Probably you will find some answers:

 

 

And other one:

 

 

[grav]

19 minutes ago, BritTim said:

Write a short letter right now stating that, based on their verbal statement that the termination will be handled by their lawyer, you are awaiting contact from their lawyer before considering the termination as effective. Make them sign to acknowledge receipt of this letter,.

That's a good idea.

 

Moreover, I think it's worth noting that my "visa" was actually issued before obtaining the work permit. Therefore, they shouldn't necessarily be linked to each other, I guess?

 

If my memory serves me right, my initial employer in Thailand back in 2019 first obtained a work permit, and then we used that work permit as the basis to apply for a visa or some form of extension (during that time, I entered Thailand on a regular 30-day tourist exemption stamp). After approximately three months, I was granted a proper one-year NON-B visa.

 

In this case, the sequence is reversed, which could potentially work in my favor.

[JayClay]

23 minutes ago, grav said:

Moreover, I think it's worth noting that my "visa" was actually issued before obtaining the work permit. Therefore, they shouldn't necessarily be linked to each other, I guess?

It is my understanding that the initial 90 day conversion is not dependent on the employment.

 

Hopefully somebody more knowledgeable can confirm? @DrJack54??

[AustinRacing]

Work permit is your document not the employer. They cannot keep it if you choose to take it and get it cancelled. Work permit is issued subsequent to having a valid and relevant visa/permission to stay. 

[OneMoreFarang]

1 hour ago, AustinRacing said:

Work permit is your document not the employer. They cannot keep it if you choose to take it and get it cancelled. Work permit is issued subsequent to having a valid and relevant visa/permission to stay. 

It seems legally, after your employment ends, you have to give the work permit back (I guess to some labor administration office) and they will keep that book.

[bigt3116]

19 hours ago, BritTim said:

That is a very good question and, quite honestly, I am not certain of the answer. Usually, if this was an entry on the Non B visa issued by a consulate outside Thailand, the 90-day entry on the visa remains valid. However, since the visa and associated permission to stay were given directly by Immigration on the basis of your employment, it is possible the rules are different, and your permission to stay terminates immediately.

The OP has been issued a valid visa at immigration at CW, and it, (the same as one issued outside the country), remains valid until the 3 months are up. However, the OP will not be able to use that visa for any other employer.

[bigt3116]

19 hours ago, BritTim said:

However, you might be eligible for compensation

As he has worked there for less than 119 days he will not be entitled to severence, and without knowing exactly why he was fired we can't tell if he is due salary in lieu of notice.

 

[scorecard]

20 hours ago, FritsSikkink said:

Look in your passport, do you have an extension of stay or a visa. how long did you work for them? What was the reason to terminate? You might have right on sufferance pay.

...severance...