Resignation but not approved (foreign employee at thai company)

[Dannysunshine]

I recently resigned from my current job. As per my agreement contract, I gave 30 days notice. But my employers insist that I can't actually leave and that I'm breaching my contract as their policy is to keep employees for 2 years. They have a clause where my notice needs to be approved by them. Is there no way to just resign and leave?  

[saakura]

"They have a clause where my notice needs to be approved by them." This seems ridiculous and one sided. May not hold up in a consumer court.

 

[RuamRudy]

17 minutes ago, Dannysunshine said:

I recently resigned from my current job. As per my agreement contract, I gave 30 days notice. But my employers insist that I can't actually leave and that I'm breaching my contract as their policy is to keep employees for 2 years. They have a clause where my notice needs to be approved by them. Is there no way to just resign and leave?  

 

What can they do to prevent you from leaving? Did they provide your travel to Thailand and does your contract state that they will return you to your home country upon concluding your contract?

[Ralf001]

Ask them for a copy of company policy and to highlight the relevant clauses.

 

Take that to the Labor Dept and ask for clarification on the legalities of such clauses.

[Dannysunshine]

8 minutes ago, RuamRudy said:

 

What can they do to prevent you from leaving? Did they provide your travel to Thailand and does your contract state that they will return you to your home country upon concluding your contract?

No I paid for my travel here. Nothing in the contract about returning me to my home.

My issue is that I got a new job and need their help to transfer my visa. But it seems they won't cooperate on this. Does cancelling a visa require their involvement?

 

[Ralf001]

9 minutes ago, Dannysunshine said:

No I paid for my travel here. Nothing in the contract about returning me to my home.

My issue is that I got a new job and need their help to transfer my visa. But it seems they won't cooperate on this. Does cancelling a visa require their involvement?

 

Visa or permission to stay extension ?

[madone]

37 minutes ago, Dannysunshine said:

I recently resigned from my current job. As per my agreement contract, I gave 30 days notice. But my employers insist that I can't actually leave and that I'm breaching my contract as their policy is to keep employees for 2 years. They have a clause where my notice needs to be approved by them. Is there no way to just resign and leave?  

 

Dont waste your time here, go the labour board. They are very employee-centric 

[madone]

21 minutes ago, Ralf001 said:

Ask them for a copy of company policy and to highlight the relevant clauses.

 

Take that to the Labor Dept and ask for clarification on the legalities of such clauses.

this. When in doubt, labour board. In my time here, I have known many people who have won disputes and been awarded millions of baht. I know a woman who received two years' salary because the company that relocated her tried to lay her off within 6 months because they misjudged the market. 

[madone]

17 minutes ago, Dannysunshine said:

No I paid for my travel here. Nothing in the contract about returning me to my home.

My issue is that I got a new job and need their help to transfer my visa. But it seems they won't cooperate on this. Does cancelling a visa require their involvement?

 

Sadly its not unheard of for companies to try sabotage former employees.

[Dannysunshine]

8 minutes ago, Ralf001 said:

Visa or permission to stay extension ?

Oh yes visa extension to stay 

[Sheryl]

As others have said, go talk to thevLabor Dept. 

[Ralf001]

1 minute ago, Dannysunshine said:

Oh yes visa extension to stay 

 

When the new company applies for and get approved the work permit they will also apply for permission to stay stamp.

 

you need company to cancel work permit.

[Dannysunshine]

Hi thank you all for your help. I will promptly go to labour department.

[Dannysunshine]

18 minutes ago, Ralf001 said:

 

When the new company applies for and get approved the work permit they will also apply for permission to stay stamp.

 

you need company to cancel work permit.

I read that company has to pay fine if they don't cancel the work permit in 15 days after my departure 

[Ralf001]

2 minutes ago, Dannysunshine said:

I read that company has to pay fine if they don't cancel the work permit in 15 days after my departure 

Ive not heard of that.

 

Definitely go visit the Labour Dept.

[scorecard]

20 hours ago, madone said:

 

Dont waste your time here, go the labour board. They are very employee-centric 

 

And keep in mind (same as the labour office will do) that nobody can prevent you from free movement of your choice.

 

You are a human being, not a slave and therefore you are totally entitled to decide your own movements. This is well established in by international laws which Thailand is a signatory to. 

 

A contract of employment which says you can't 'move' for 2 years would not be legal. But a contract which sys you most give 30 days notice would be a legal contract.

 

As already stated, go quickly to a labour office, their staff are experts on the laws involved, always good listeners, always good English available, always very balanced and same treatment / advice for Thai and foreign employees. 

 

[Bredbury Blue]

22 hours ago, Dannysunshine said:

I recently resigned from my current job. As per my agreement contract, I gave 30 days notice. But my employers insist that I can't actually leave and that I'm breaching my contract as their policy is to keep employees for 2 years. They have a clause where my notice needs to be approved by them. Is there no way to just resign and leave?  

 

Could you post the actual clause in YOUR contract. I'm sure it won't stand up to scrutiny.

They have a clause where my notice needs to be approved by them