Changing Jobs - Wp Cancelation And New Wp - And Notice Of Leaving

[MisterMan]

I have a job now and have accepted a new job. I gave a 2 week notice.

Now my boss has asked for the work permit back and asked me to work additional time, she is being quite a Biatch about it. In good will I have offered to work the 2 weeks to finish up some important financial reports etc.

I dont want to alert my new employer to any problems at my current job.

my worry is that my boss, ms. tempermerntal, wont pay me. I get a month salary. My contract is for a year and I have attmittedly terminated the contract early. There is nothing else in the contract about termination of the job by me the employee. (an oversight on her part perhaps?).

Also once I surrender the WP is it easy for the new employer in 7 days?? to apply for a new work permit so I dont lose the 1 year VIsa?

If I break the contract can my employer legally not pay me?

Thanks to anyone who even read all this drama! And double thanks to anyone who replied!

[jstumbo]

There is no 7 day grace period given automatically. If you are on a one year extension of stay based on your employment, you will need to either get a seven day extension of stay from immigration for 1900 baht, or leave on the same day that you quit your job.

If you actually have a multiple entry one year visa that allows for 90 day stays, then your visa will not become invalid with your change of job. You would be able to continue using the same visa with your new job.

[MisterMan]

So as soon as I cancel the work permit i must go to immigration the same day or before and extend the visa? This sounds extreme. leave the country the same day your wp cancels. Who has time for that?

Yes worth the 1900 baht for the 7 day extention and start the process over?

So while i wait for the WP caN i SHOW The proof and get more extension wiating for the wP?

Or I leave the country, lose the 1year visa, get another non b and then apply again for a year with docs from new job?

Can someone really confirm this? What if i have cancelation and new paper from new job in same day?

[garro]

I recently attended the Ayuttahya immigration office form my yearly extension. The officer mentioned that the rules for work permit cancellation had changed. Once the work permit is canceled you have 24 hours to get out of the country. If you are a teacher on a Non-B you can apply for an 7 day extension. If you are using a Non-O the 7-day extension doesn't seem to available - I am not sure of the reasoning for this, maybe it is because many can get an extension based on marriage to a Thai outside of Thailand. The extension only seems to be available to teachers. The immigration officer seemed to think that this extension was only available in Bangkok.

Edited May 16, 2008 by garro

[astral]

If you are working on a Non Imm O visa the extension will be based on marriage, not the job,

so no grace period should be needed. The extension is unaffected.

To expect someone to pack up/sell up within 24 hours is rather extreme.

[MisterMan]

Its a 1 year B. No visa runs required. So what would happen if I just quit? Can the company NOT pay for days work? She is INSISTING I complete a lists of tasks as to accept my 3 weeks resignation. What are my rights.

I am workign in good faith to finish the jobs. but i dont want to be BOUND to an unreasonable lists of task that will never get finished in 2 weeks. I want freedom.

[jstumbo]

You say you have a one year B visa that does not need border runs. There is no such thing. There are multiple entry B visas that allow 90 day stays and are valid for one year and there are single entry B visas that allow 90 day stays.

It sounds like you had a B visa, entered Thailand using your B visa, were given 90 day stay, and then applied for an extension of stay based on employment. With an extension of stay, you would not be required to make border runs.

In this case, your extension of stay would be terminated if your employment is terminated. Leave within 24 hours, or get an extension of stay for 7 days from immigration for 1900 baht.

As for the rules about what they would have to pay, I am not sure on what the labor laws say. You can however take them to labor court if they do not pay you.

[Maestro]

...My contract is for a year and I have attmittedly terminated the contract early. There is nothing else in the contract about termination of the job by me the employee. (an oversight on her part perhaps?)...If I break the contract can my employer legally not pay me?

You say that your contract is for a fixed term of one year. Therefore, it ends automatically at the end of its term without the need for either party to give notice. No need for any clause about notice in the contract.

Now, you have given two weeks’ notice to end your employment before the expiration of the fixed term of one year. Your employer can hold you to the contract, if she wishes, but it seems she will let you go under certain terms such as additional hours of work during these last two weeks to finish certain financial reports on which you are working at the moment. Is this unreasonable? I think not. On the contrary, I think she is quite accommodating.

--

Maestro

[otherstuff1957]

If your employer really wanted to be nasty, she could refuse to cancel your work permit. I'm fairly sure that in that case, your new employer would not be able to get you a new one until your old one expired! In the LOS it's always best to leave a job on good terms with your ex-employer. The paperwork involved with changing jobs in complicated even if everyone is willing to cooperate. If one of the parties is disgruntled, things could get very difficult for the others.

[ilyushin]

I would think you have until the visa expires (however much time that is) unless immigration cancels the visa.

[lopburi3]

If he has more than 90 days allowed he is not here on a visa entry but on an extension of stay and that ends with the end of employment.

[Maestro]

...my boss has asked for the work permit back...

I believe that your work permit book is your personal document and should remain in your possession until you return it to the labour office. It is your duty, not the employer’s, to return it and it is you, not the employer, who would be fined if it were not returned. Your employer has her own, separate duty of notifying the labour office about the termination of your employment. Of course, it is not uncommon that an employee hands his work permit to the employer and trusts him to return it to the labour office.

--

Maestro

[dinom]

If your employer really wanted to be nasty, she could refuse to cancel your work permit. I'm fairly sure that in that case, your new employer would not be able to get you a new one until your old one expired! In the LOS it's always best to leave a job on good terms with your ex-employer. The paperwork involved with changing jobs in complicated even if everyone is willing to cooperate. If one of the parties is disgruntled, things could get very difficult for the others.

You don't really need a new work permit 'book' all the time incl. a new business visa. I am happily adding/changing my work places (same province!) since 8 years and didn't have to leave the country for once.

The law allows that as stated in your work permit, but you need to find someone familiar with that procedure. By experience most like to send you outside the country for new visa, since it seems to be less headache for them.

[MisterMan]

...My contract is for a year and I have attmittedly terminated the contract early. There is nothing else in the contract about termination of the job by me the employee. (an oversight on her part perhaps?)...If I break the contract can my employer legally not pay me?

You say that your contract is for a fixed term of one year. Therefore, it ends automatically at the end of its term without the need for either party to give notice. No need for any clause about notice in the contract.

Now, you have given two weeks' notice to end your employment before the expiration of the fixed term of one year. Your employer can hold you to the contract, if she wishes, but it seems she will let you go under certain terms such as additional hours of work during these last two weeks to finish certain financial reports on which you are working at the moment. Is this unreasonable? I think not. On the contrary, I think she is quite accommodating.

--

Maestro

However my contract says I can be terminted by the employer with out notice. I have heard that in ENgland that whateger applies to the employer applies to the employee. Would this be true in Thailand?

Also i have just poured through the Labor Protect Act and Labor Relations Act and could not find any sections about the employee terminating employment early.

Is this verified somewhere? My boss is anything but reasonalbe and the additional work load I am given in beyond my scope of normal duties.

Yes I am planing to cancel my work permit myself and will hold on to it to ensure it is cancled at the appropriate time!

[MisterMan]

You don't really need a new work permit 'book' all the time incl. a new business visa. I am happily adding/changing my work places (same province!) since 8 years and didn't have to leave the country for once.

The law allows that as stated in your work permit, but you need to find someone familiar with that procedure. By experience most like to send you outside the country for new visa, since it seems to be less headache for them.

Thanks for that, that is hopeful....

[thaigene2]

...my boss has asked for the work permit back...

I believe that your work permit book is your personal document and should remain in your possession until you return it to the labour office. It is your duty, not the employer’s, to return it and it is you, not the employer, who would be fined if it were not returned. Your employer has her own, separate duty of notifying the labour office about the termination of your employment. Of course, it is not uncommon that an employee hands his work permit to the employer and trusts him to return it to the labour office.

--

Maestro

Seconded. She doesn't sound unreasonable to me either MisterMan, you're the one breaking the contract. Why not be more conciliatory with her? She seems she's doing you a favour - but she still needs you to get some of the work done that you 'agreed' to when you signed the contract.

[PattayaParent]

If your employer really wanted to be nasty, she could refuse to cancel your work permit. I'm fairly sure that in that case, your new employer would not be able to get you a new one until your old one expired! In the LOS it's always best to leave a job on good terms with your ex-employer. The paperwork involved with changing jobs in complicated even if everyone is willing to cooperate. If one of the parties is disgruntled, things could get very difficult for the others.

You can just go to the Labour Office and cancel the WP yourself, no need to even let your employer know!

If your employer will not give you your WP to cancel what would be the situation where you leave the country without a re-enty permit and your visa then becomes invalid, does the WP become invalid also? Could you then apply for a new non-imm and get a new WP with the new employer?

[joker]

There seems to be alot of confusion about the 'changing jobs' factor.

I have recently DONE IT!

I had a Non - b multiple entry visa, which was actually on 'extension of stay'

re-newal every year. This I did.

Later I was offered a new job.

Fishing out the rules, you have basically 2 options :

1. You give notice to your employer and later hand in your W.P to the Labor office, then you

go to Immigration, who will give you an extension stamp for 7 days by which

time you should leave the country. There is NO CHARGE for that extension!

2. The above first line is the same, only now, if you have new employment AND have all the NEW

documents ready and certain OLD ones from the previous employer, then you get from the Labor

office the document M.10, then you go to Immigration and you will still get the 7 day extension

Free of charge. If ALL the documents are in order, you will get a 1 month extension but if they

are not then you ONLY HAVE those 7 days to get it all together, otherwise you have to leave.

So never do it on a Friday, as you'll lose 2 days.

This is April 2008 info - ok?

ALL the above applies to 'B' visas on extension of stay not to 'O' visas or actual visas

that are still valid.

Although with No.2 you hand your WP in, IF you went with someone from your new employment

and all documents were ok, then your likely to keep that W.P itself, otherwise either 'change of

employment' will be written in or later they would give you a new book.

I hope this is a bit clearer for everyone.

[MisterMan]

There seems to be alot of confusion about the 'changing jobs' factor.

I have recently DONE IT!

I had a Non - b multiple entry visa, which was actually on 'extension of stay'

re-newal every year. This I did.

Later I was offered a new job.

Fishing out the rules, you have basically 2 options :

1. You give notice to your employer and later hand in your W.P to the Labor office, then you

go to Immigration, who will give you an extension stamp for 7 days by which

time you should leave the country. There is NO CHARGE for that extension!

2. The above first line is the same, only now, if you have new employment AND have all the NEW

documents ready and certain OLD ones from the previous employer, then you get from the Labor

office the document M.10, then you go to Immigration and you will still get the 7 day extension

Free of charge. If ALL the documents are in order, you will get a 1 month extension but if they

are not then you ONLY HAVE those 7 days to get it all together, otherwise you have to leave.

So never do it on a Friday, as you'll lose 2 days.

This is April 2008 info - ok?

ALL the above applies to 'B' visas on extension of stay not to 'O' visas or actual visas

that are still valid.

Although with No.2 you hand your WP in, IF you went with someone from your new employment

and all documents were ok, then your likely to keep that W.P itself, otherwise either 'change of

employment' will be written in or later they would give you a new book.

I hope this is a bit clearer for everyone.

Oh this is very clear and I cant thank you enough! Perhaps if yo are in Phuket Ill buy you a beer or lunch if this all works out and I dont have to leave the country!

This means I just need to have the new job get the WP papers in order! and I even have a grace period if they are not in order the first time. The FRIDAY tip was also indeed pricelss!

I have just read through the THai Labour law and could not find ONE thing about a required 30 day notice of resignation. The entire document: The Labour Protection act of 1988.

My contract also DOES NOT state anything about it either nor is their anything about me resigning, such as a 1 or 3 month notice to cancel the contract. However there is a clause stating the company can axe me without reason or notice. Nice.

Again thank you Joker for this info and I will let ya all know how it goes....

[twschw]

Just a reminder that if your new job is in a different province than your old job you will need to get a new work permit. My old job was in Nonthaburi and unbeknowst to me my new job is in Prathutani so I have to do the whole thing again. My new job is only 2 miles from my old one still all this hassle.

[jstumbo]

You don't really need a new work permit 'book' all the time incl. a new business visa. I am happily adding/changing my work places (same province!) since 8 years and didn't have to leave the country for once.

The law allows that as stated in your work permit, but you need to find someone familiar with that procedure. By experience most like to send you outside the country for new visa, since it seems to be less headache for them.

Thanks for that, that is hopeful....

But I have heard that it takes the cooperation of both the old and new employer to do this. It does not sound like you would have the cooperation of the old employer.

[MisterMan]

Good Point, so what are the documents from the old employer? Can I find this info online?