Contract Not Renewed. Visa, Wp ?

[adjan jb]

Sorry if this topic has already been discussed but I scrolled down 6 or 7 pages and I couldn't find anything.

So...

I'm afraid my work contract won't be renewed at the end of September.

Do I have to go to the Labor Dpt to cancel my WP ?

And what can I expect from the immigration ? A 10 day extension ? or more ?

Any help appreciated.

Thanks

JB

[PeaceBlondie]

As the Americans say, that's a bummer, a real bummer. I take it you are already on extension?

[adjan jb]

I started to work in 2002 at a Gvt school. Was granted a 1 year non-immigrant visa (. After that every year I got a 1 year extension.

I haven't set foot outside Los since 2003.

BTW, bummer is not in my dictionary

Edited August 1, 2007 by adjan jb

[lopburi3]

Your work permit needs to be returned to the Labor Department and you need to exit the country within seven days.

[adjan jb]

Your work permit needs to be returned to the Labor Department and you need to exit the country within seven days.

Concise and clear answer. Thank you very much.

In my previous post, I typed a B between brackets for business... but a smiley appeared. Sorry.

[Petch01]

Your work permit needs to be returned to the Labor Department and you need to exit the country within seven days.

Unless you can show a new work permit. In Prachuap Khiri Khan province, Immigration will give you two times a seven-day extension. Happened to me and my colleague. The first one free, the second (and last) one 1,900 THB. If you can show your new work permit Immigration will give you a one-year extension.

Good luck to you. September is a good time if you're looking for a new job. It's the end of the first semester. But you will surely know that as a veteran.

Petch01

[adjan jb]

Your work permit needs to be returned to the Labor Department and you need to exit the country within seven days.

Unless you can show a new work permit. In Prachuap Khiri Khan province, Immigration will give you two times a seven-day extension. Happened to me and my colleague. The first one free, the second (and last) one 1,900 THB. If you can show your new work permit Immigration will give you a one-year extension.

Good luck to you. September is a good time if you're looking for a new job. It's the end of the first semester. But you will surely know that as a veteran.

Petch01

Another interesting reply. Thanks.

So basically I'll have to leave the country within 7 days unless I find another employer willing to hire me in the very first days of October, right ?

But wait... if I get a new contract starting on October 1st, do I have bring back the WP and apply for a new one or is it possible to update the current one ? It would make more sense.

First time someone calls me a veteran. It makes me feel "scarred".

JB

[TerryLH]

You might want to read the labor laws. You might be due several months severance pay.

There are a couple of threads running talking about that subject. Look in the 'financial' forum.

Good luck.

[Petch01]

First time someone calls me a veteran. It makes me feel "scarred".

JB

With teaching for 5 years in Thailand, you must have scars. Calling you a veteran must be seen as a compliment.

In my 5 years of teaching, I changed this year for the 3rd time. Same province, same town, all government schools and same Service Area of the Ministry of Education but every time Labour issued a new work permit. Upon asking Labour told me that's the rule. Changing jobs implies a new work permit book. Doesn't make sense to me but to them it does.

Take care.

Petch01

By the way, when I see the initials JB, it makes me think of James Brown or John-Boy of the Waltons tv-series.

Edited August 1, 2007 by Petch01

[raro]

Your work permit needs to be returned to the Labor Department and you need to exit the country within seven days.

Unless you can show a new work permit. In Prachuap Khiri Khan province, Immigration will give you two times a seven-day extension. Happened to me and my colleague. The first one free, the second (and last) one 1,900 THB. If you can show your new work permit Immigration will give you a one-year extension.

Good luck to you. September is a good time if you're looking for a new job. It's the end of the first semester. But you will surely know that as a veteran.

Petch01

Sorry for correcting you...you must present a new work contract and WP application before those seven days expire and then you'll get 30 days at Suan Plu. Just done that myself. After WP is issued, extend Visa to one year and then WP as usual.

[Petch01]

Your work permit needs to be returned to the Labor Department and you need to exit the country within seven days.

Unless you can show a new work permit. In Prachuap Khiri Khan province, Immigration will give you two times a seven-day extension. Happened to me and my colleague. The first one free, the second (and last) one 1,900 THB. If you can show your new work permit Immigration will give you a one-year extension.

Good luck to you. September is a good time if you're looking for a new job. It's the end of the first semester. But you will surely know that as a veteran.

Petch01

Sorry for correcting you...you must present a new work contract and WP application before those seven days expire and then you'll get 30 days at Suan Plu. Just done that myself. After WP is issued, extend Visa to one year and then WP as usual.

Thanks Raro for telling about Suan Phlu but at Immigration Prachuap, it's just the way I wrote.

Petch01

[adjan jb]

I'd like to thank everybody : Lopburi3, Petch01, TerryLH (I took a look at the 'financial' forum and it reminded that I downloaded the Labor Act 2 or 3 years ago) and Raro.

Today I confronted the "powers that be" and surprise... they back-tracked, calling the whole thing a "misunderstanding".

TerryLH, your advice regarding the severance pay will come in handy... next time.

Best regards

JB (Petch01, what about James Bond ?)

[adjan jb]

I forgot to mention that my 5 year old son is quite happy to know that there won't be any restrictions on ice-creams in the near future.

[adjan jb]

I have to re-activate this thread. I got an official letter today : my "term of employment will terminate on September 30" (I really don't know why I'm fired. The last time my performance was evaluated I got 4.76 out of 5)

So I gave them this letter :

Mrs ................. .......................

Director of Institute of Languages, Arts and Culture

Dear ........... ................,

This letter is to inform you that under section 118 (paragraph 3) of the Labour Protection Act I am entitled to compensation at least equivalent to one hundred and eighty days’pay at my most recent wage rate, regardless of whether the cause is the cessation of the employment agreement or another cause.

I hope and believe that ............................ will strictly follow the rules so that this matter can be resolved in an amicable way.

Yours sincerely,

"Adjan JB"

Now I neeed some advice.

If they refuse to give me the compensation I believe I'm entitled to, I will have to hire a lawyer. Can you recommend a good one ? But not an expensive one. I just got fired you know so from now on I'll have to be careful with my money. I've heard some many stories about Thai lawyers, I'm a little bit worried.

I do need some help. Thanks

Adjan JB

Edited August 10, 2007 by adjan jb

[adjan jb]

I have to re-activate this thread. I got an official letter today : my "term of employment will terminate on September 30" (I really don't know why I'm fired. The last time my performance was evaluated I got 4.76 out of 5)

So I gave them this letter :

Mrs ................. .......................

Director of Institute of Languages, Arts and Culture

Dear ........... ................,

This letter is to inform you that under section 118 (paragraph 3) of the Labour Protection Act I am entitled to compensation at least equivalent to one hundred and eighty days’pay at my most recent wage rate, regardless of whether the cause is the cessation of the employment agreement or another cause.

I hope and believe that ............................ will strictly follow the rules so that this matter can be resolved in an amicable way.

Yours sincerely,

"Adjan JB"

Now I neeed some advice.

If they refuse to give me the compensation I believe I'm entitled to, I will have to hire a lawyer. Can you recommend a good one ? But not an expensive one. I just got fired you know so from now on I'll have to be careful with my money. I've heard some many stories about Thai lawyers, I'm a little bit worried.

I do need some help. Thanks

Adjan JB

Anybody ?

[lopburi3]

I suspect most people have better things to do on a Friday evening than to be here posting on the forum. I would advise you to contact Sunbelt as there fees seem to be very reasonable.

[adjan jb]

I suspect most people have better things to do on a Friday evening than to be here posting on the forum. I would advise you to contact Sunbelt as there fees seem to be very reasonable.

Thanks for your reply. A day like today it's greatly appreciated.

[Maestro]

...I downloaded the Labor Act 2 or 3 years ago

Also useful to know (copied from this site, at which I arrived via a pinned topic at the top of the forum “Business in Thailand”):

...

Reasons for dismissal Where an employer dismisses an employee for a permitted statutory reason, that is a reason that exempts the employer from paying a severance payment, then the reasons for such dismissal must be stated in the dismissal notice. If the reasons are not so stated, then the employer will be estopped from raising them as a defence in any proceedings subsequently brought by the employee.

Notice period No notice need be given where a fixed term contract terminates on its expiry. For a periodical contract, notice must be given on or before the wages payment date, to expire upon the next payment date. Payment may be given in lieu of notice. No notice need be given where dismissal is for permitted cause.

...

I remember reading a post last year saying that Sunbelt, already mentioned by Lopburi, has successfully handled claims for severance payments after dismissal. Make sure you also claim for reimbursement of your costs.

--------------

Maestro

[adjan jb]

...I downloaded the Labor Act 2 or 3 years ago

Also useful to know (copied from this site, at which I arrived via a pinned topic at the top of the forum “Business in Thailand”):

...

Reasons for dismissal Where an employer dismisses an employee for a permitted statutory reason, that is a reason that exempts the employer from paying a severance payment, then the reasons for such dismissal must be stated in the dismissal notice. If the reasons are not so stated, then the employer will be estopped from raising them as a defence in any proceedings subsequently brought by the employee.

Notice period No notice need be given where a fixed term contract terminates on its expiry. For a periodical contract, notice must be given on or before the wages payment date, to expire upon the next payment date. Payment may be given in lieu of notice. No notice need be given where dismissal is for permitted cause.

...

I remember reading a post last year saying that Sunbelt, already mentioned by Lopburi, has successfully handled claims for severance payments after dismissal. Make sure you also claim for reimbursement of your costs.

--------------

Maestro

Thanks. It's good to get an answer. Even if I don't know exactly what it means : I studied Litterature not law.

Actually, I think I understand the part about the reasons for dismissal. I copied and pasted the letter I got today. No reason for dismissal is stated so I guess it's good for me (The statutory reasons are probably those mentioned in section 119)

But I think I don't understand the second part about the notice period.

Anyway I don't have any complaint about the notice period. I only worry about compensation because I know they will refuse to pay and because even if I believe they have to give me a severance payment, when it comes to laws, as I said before, I don't know much.

I'll take a look at the link you gave me.

Thanks again.

Laws are made for the people but the people can't understand them.

Anyway if they refuse to pay, I'll follow your advice and contact Sunbelt.

Edited August 10, 2007 by adjan jb

[TerryLH]

If you have a problem with them you might want to contact the Labor Office and see what help they can give you.

If they are just ignorant of the law a call from the LO might be all it takes.

Sunbelt would be good, especially since they apparently have experience with this sort of thing.

And cost effective if the school has to pay costs.

Good luck with this. Let us know how it turns out.

[adjan jb]

If you have a problem with them you might want to contact the Labor Office and see what help they can give you.

If they are just ignorant of the law a call from the LO might be all it takes.

Sunbelt would be good, especially since they apparently have experience with this sort of thing.

And cost effective if the school has to pay costs.

Good luck with this. Let us know how it turns out.

Thanks. Yesterday I've also opened a thread in the "financial" forum (slighty different topics : here I asked for a lawyer, there I asked for some confirmation regarding the Labor Act).

Thanks again to the 3 members who replied : TerryLH, Maestro and Bendix.

It's good to read some supportive posts.

[adjan jb]

Your work permit needs to be returned to the Labor Department and you need to exit the country within seven days.

I forgot to ask something. Where do I have to go first, LD or Immigration ?

[adjan jb]

Your work permit needs to be returned to the Labor Department and you need to exit the country within seven days.

I forgot to ask something. Where do I have to go first, LD or Immigration ?

I put this post back on top.

Where should I go first ?

For 5 years, I went to the Immigration first (in order to get a 1 year extension) and then to the Labor Dpt.

I want to follow the rules but I also want to make my life easier. For those who know Chiang Mai, The Immmigration office is near the airport (south) and the Labor Dpt is located in Amphur Mae Rim (north).

[lopburi3]

Believe return of work permit is first item.

[adjan jb]

Thanks. Will do this.

[adjan jb]

If you have a problem with them you might want to contact the Labor Office and see what help they can give you.

If they are just ignorant of the law a call from the LO might be all it takes.

Sunbelt would be good, especially since they apparently have experience with this sort of thing.

And cost effective if the school has to pay costs.

Good luck with this. Let us know how it turns out.

Friday I went to the Labour Court. They basically told me that as I was working for a government university and as it was the end of a contract, my employer could do as he pleases.

So I took my car and went to the Administrative Court (where I met a nice guy who gave me some good advice. By the way, when I mentioned the university name, he said "Again ?!").

The staff there gave a few forms to fill and will accept my complaint when I come back with the forms and photocopies of my work contracts.

I will keep you informed.