Does work permit ending nullify an employment contract?

[RandolphGB]

Asking for a friend here in Thailand, who's foreign not Thai, and in their early 60s

 

They are have been unable to work for 4+ months due to a sudden and chronic illness with slim to none chance of returning to the office of state-owned company in Thailand where they have worked for the last 10 years at in Bangkok.

 

The company has been paying them sick pay every month (more than the 30 days they are legally required to do under Thai labour law). They haven't terminated the employment and the sick employee has not resigned. 

 

The visa expired a couple of months ago and the Immigration have provided x2 60 day extensions on medical grounds - a situation that can't continue for long due to the sheer amount of paperwork involved each time from the company, hospital, and standard difficulties with immigration officers.

 

The company have said they will not renew the work permit, which is due in a few weeks, unless the employee can return to work (they can't). 

 

So will this nullify the employment contract without the employer actually terminating it, and having to pay any severance pay which might be included in the contract.  Presumably no work permit / employment contract, would also nullify the chances of any 60 day medical visa extensions. 

 

Any advice would be appreciated!

 

Edited July 19, 2023 by RandolphGB

[BritTim]

Contact the local Labour office for advice. They are the experts for this kind of situation, and will usually be helpful.

[bigt3116]

As soon as he went on medical extensions the work permit should have been cancelled

[bigt3116]

1 hour ago, RandolphGB said:

Presumably no work permit / employment contract, would also nullify the chances of any 60 day medical visa extensions. 

Work permit/contract has NOTHING to do with getting a medical extension

 

1 hour ago, RandolphGB said:

So will this nullify the employment contract without the employer actually terminating it,

That would all depend on the end date of the contract and the terms within it.

[bigt3116]

1 hour ago, RandolphGB said:

The visa expired a couple of months ago and the Immigration have provided x2 60 day extensions on medical grounds - a situation that can't continue for long due to the sheer amount of paperwork involved each time from the company, hospital, and standard difficulties with immigration officers.

As soon as he is terminated, getting a medical extension is not much more than a letter from the hospital. Still not sure why his company was even involved, unless they were hoping he was going to return to work

 

[blackcab]

I think you are looking in the wrong area. Consider the Labour Protection Act Section 119 (5):

 

The Employer is not required to pay severance pay to an employee whose employment has been terminated under any of the following conditions:

 

(5) neglecting his or her duty without justifiable reason for three consecutive working days regardless of whether there is a holiday in between or not.

 

The application of Labour Law to long term sickness is a complex area. In this instance I would contact the Department of Labour Protection and Welfare:

 

Telephone: 1506 Extension 3

Line: https://lin.ee/B61BIi4

 

[bigt3116]

https://www2.si.mahidol.ac.th/en/wp-content/uploads/2019/09/2019-VISA-EXTENSION-FOR-MEDICAL-CASE-revised.pdf

 

How to apply for a medical extension, no mention of any employer input

[bigt3116]

10 minutes ago, blackcab said:

neglecting his or her duty without justifiable reason

Hardly relevant to the op's friend, he is on sick leave

[problemfarang]

Now if hes here with the non-b and work permit extensions there is no problem till the employer terminates them or wait till the end of the contract.

 

Meanwhile as you mentioned employee must pay for the medical expenses if its in the contract. If the medical leave is very long the employer has the right to terminate the contract base on 'unfit for employment' . This is most likely what they will do. Also be aware that there is a age limit for work permit too.

 

Now the moment they ended the contract is the last day of your friend in thailand. The important thing here is the date on the termination letter given by the employer. The last working day will be on it. Thats your last day in thailand.

 

Your friend can apply for medical expansion or visa (i dont know its official name). Some people posted useful info about it already with links. I really dont know if the labor office can help you than telling you what you can do and options. And things will change when you go to immigration. So at this point my advice for your friend is to go to immigration and explain whats going on and get some info for the future acts.

 

hope they will get well soon. Good luck

 

 

 

[RandolphGB]

1 hour ago, bigt3116 said:

As soon as he is terminated, getting a medical extension is not much more than a letter from the hospital. Still not sure why his company was even involved, unless they were hoping he was going to return to work

 

The company handles all the visa and work permits of their staff.

 

 

Edited July 19, 2023 by RandolphGB

[DrJoy]

36 minutes ago, problemfarang said:

Also be aware that there is a age limit for work permit too.

No.

You can get a WP at any age. 

[blackcab]

2 hours ago, bigt3116 said:

Hardly relevant to the op's friend, he is on sick leave

 

It's completely relevant, because sick leave is not never-ending. There comes a time when it is reasonable for the employer to consider the employee can not perform their job any longer.

 

That exact time will vary depending on the employer and employee, but guidance should be sought from the Department of Labour Protection and Welfare.

 

Their reply will inform the OP of whether or not severance pay should be expected or not.