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

[scorecard]

23 hours ago, Bredbury Blue said:

 

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

QUOTE:  

 

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

 

They cannot say "must be approved by the", that would be illegal.

 

A signed contract to kill someone for reward is not legal because killing people is illegal.

[Sydebolle]

On 5/16/2025 at 12:51 PM, 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?

 

 

On 5/16/2025 at 12:51 PM, 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?

 

Take it up with your new employer, apart from possibly seeing the Labour Department. Should they intend to play funny (like not paying your last wage) then just drop the line of Labour Department as they are very open to employees rather than employers. This refers to the fact that you never had an issue with your employer resulting in a warning note. 

It is idiotic to keep an employee against his/her will if they want to leave. In the past, when I had employees (Thais and non-Thais alike) I had them leaving soonest possible as they - understandable - did not execute their work with full heart and mind any longer. Never had an issue as I - of course- did stick to the deal as outlined in the contract and company regulations as far as salaries due and untaken vacation etc. was concerned. 

[Photoguy21]

2 years may be there policy but if it is not stated in your contract of employment then I wouldn't think it counts for anything. Was that period actually in the contract you signed? Even if it was with a stated notice period it wouldn't matter at least I wouldn't think it would.

[scorecard]

16 minutes ago, Photoguy21 said:

2 years may be there policy but if it is not stated in your contract of employment then I wouldn't think it counts for anything. Was that period actually in the contract you signed? Even if it was with a stated notice period it wouldn't matter at least I wouldn't think it would.

 

It wouldn't matter because it would be stating something which is totally illegal.

 

In all situations employees have every right, at law, to finish work on what ever date they wish, but with appropriate notice in advance unless there's an issue of violence or verbal / emotional abuse. 

 

An employer trying to force an employee to stay in a job would be a violation of that employees persons human rights, their absolute personal right to come and go as they wish. 

[Photoguy21]

1 minute ago, scorecard said:

 

It wouldn't matter because it would be stating something which is totally illegal.

 

In all situations employees have every right, at law, to finish work on what ever date they wish, but with appropriate notice in advance unless there's an issue of violence or verbal / emotional abuse. 

 

An employer trying to force an employee to stay in a job would be a violation of that employees persons human rights, their absolute personal right to come and go as they wish. 

Even if it said 10 years it also states 1 months notice so the potential duration is irrelevant.

[Dannysunshine]

On 5/17/2025 at 10:35 AM, Bredbury Blue said:

 

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

 

[Dannysunshine]

Just now, Dannysunshine said:

 

Hi here is the section with it. As you can see the Employer also has the same clause but no consequences.

[Dannysunshine]

On 5/17/2025 at 9:16 AM, scorecard said:

 

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. 

 

They implied that they can take action against me for my resignation as a way of intimidating me. I felt quite threatened at this. Hearing your reply gives me strength. Thank you.

[Bredbury Blue]

1 hour ago, Dannysunshine said:

Hi here is the section with it. As you can see the Employer also has the same clause but no consequences.

 

I very much doubt that text about approving/signing by Employer would be seen by the Labour court as a reason not to accept your resignation so long as you gave your notice to them as stated in the contract; it's more of their administrative reason than a legal requirement.

Not a nice situation to be in when your employer is difficult or threatening.

If they continue to be difficult, and as you are leaving anyway, the best thing to do is advise them if they continue to be obstructive, you will go to the labour department and file a complaint against them.

My experience of the labour department when I filed a complaint is that they are very pro-employee. In my case I went to file my complaint at an office which was on Rama 4 near Hualampong (don't know if its still there). My wife explained in thai my complaint (I possibly showed them my contract). I had to file a statement on a form (the official dictated to my wife in thai what to write and my wife wrote for me). I got my day in court a few months later (success).

[scorecard]

1 hour ago, Bredbury Blue said:

 

I very much doubt that text about approving/signing by Employer would be seen by the Labour court as a reason not to accept your resignation so long as you gave your notice to them as stated in the contract; it's more of their administrative reason than a legal requirement.

Not a nice situation to be in when your employer is difficult or threatening.

If they continue to be difficult, and as you are leaving anyway, the best thing to do is advise them if they continue to be obstructive, you will go to the labour department and file a complaint against them.

My experience of the labour department when I filed a complaint is that they are very pro-employee. In my case I went to file my complaint at an office which was on Rama 4 near Hualampong (don't know if its still there). My wife explained in thai my complaint (I possibly showed them my contract). I had to file a statement on a form (the official dictated to my wife in thai what to write and my wife wrote for me). I got my day in court a few months later (success).

 

I can confirm the message just above. I took a farang friend to the Labour office (

On 5/17/2025 at 10:35 AM, Bredbury Blue said:

 

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

 

Several years back I took a farang friend to the Thai Labour HO, ground floor, at Din Daeng. 

We were quickly greeted well in English.

 

Two Labour officers listened carefully and asked questions to ensure they had a complete /clear understanding of the case. The case also related to resignation, the employer claimed that by Thai law nobody can resign without the written approval of the company CEO / owner.

 

Both Labour officers confirmed, very clearly that this is not correct and is not Thai law. They mentioned 'employers can and will write many things into employment contracts but that doesn't mean it's binding; all clauses must totally follow Thai law. And this also means following internationally accepted human rights.

 

The Labour officers sked us to go to a coffee shop and have a snack and come back in one hour and they would have a letter (in Thai and in English) to be presented to the employer.  Before we moved away they checked they had 100% details of the company name, address etc., etc.

 

We went back and the 2 officers quickly greeted us. They gave us the letter and it stated clearly the the company statements / actions were illegal. Also stated what would be legal.

 

Also mentioned that if needed the Labour ministry would support legal action against the employer.

 

Farang concerned (along with a Thai lawyer who he had contacted 1 week earlier but had done nothing) presented a copy of the letter, unfolded, no envelope to the secretary of the CEO and asked her to read it immediately and immediately give it to the CEO. (The Thai CEO,  his secretary and the HR manager all spoke advanced English and Thai

 

They also informed the secretary they would go immediately to the office of the HR manager and give him a copy of the letter.

 

Within 15 minutes the CEO called the cell phone of the employee, asked if he was nearby which was confirmed and asked the employee to please come to his office as soon as convenient.

 

Employee and his lawyer went immediately to the CEOs office.

 

CEO mentioned immediately, I respect that you wish to resign and can I please have  private meeting now to ask you for details of why you wish to resign but I confirm the reason does not change the fact that you have every right to resign, as long as you follow the 30 days notice clause.

 

Meeting happened. Within another 5 minutes the secretary had given the CEO copies of a number of other instances where the HR manager had manufactured 'laws' which were not valid.

 

In front of all present the CEO dismissed the HR manager.

 

CEO told the secretary 'get the HR manager of xxx company (a sister company owned by the same CEO)here quickly.  That happened and the employee involved was quickly given a letter saying 'your resignation is acknowledged and your last working day will be xx/xx/xxxx.