Work Permit Question

[Phantom200]

Due to a disagreement with my current employer, I will be jobless soon. I have a one year work permit and a one year NON-O visa. I am married to a Thai woman. I will be making a trip home in October for a two week vacation. Here are my questions:

1. If my work permit is cancelled within the week, does my visa get cancelled as well?
   
2. If yes, then I would like to hold out until October when I fly out of Suvarnaphumi. Since my passort contains a visa which is stamped for one year, can I slide through immigration or will the cancelled visa show up on the computers???
   

Any suggestions?

Phantom200

[lopburi3]

If you can remain in country one year you are on an extension of stay, not a visa. What we need to know is the reason for the extension of stay. Is it marked family (40k income and obtained with wife) or is it based on employment? If employment it ends with loss of work. If for family work will have no effect until you apply next time (need source of 40K income then).

As for sliding it used to be common. But have seen at least one report recently that border control was waiting for someone trying that so not sure it will still work.

[digitalchromakey]

Due to a disagreement with my current employer, I will be jobless soon. I have a one year work permit and a one year NON-O visa. I am married to a Thai woman. I will be making a trip home in October for a two week vacation. Here are my questions:

1. If my work permit is cancelled within the week, does my visa get cancelled as well?
   
2. If yes, then I would like to hold out until October when I fly out of Suvarnaphumi. Since my passort contains a visa which is stamped for one year, can I slide through immigration or will the cancelled visa show up on the computers???
   

Any suggestions?

Phantom200

I presume from your post that you are on an Extension of Permission to Stay, not a one year non O visa. You presumably have to report you address to immigration every 90 days you remain here.

Is you extension 1) on the basis of family or 2) on the basis of business?

1) If it's on the basis of family, then no immediate problems- just issues when you reapply for an extension. Remember to get a re-entry permit for October.

2) If it's on the basis of business, then your permission expires the day your work permit is cancelled.

[Phantom200]

I'm not sure what the basis for the extension is. I had to show photos to immigration of my wife and I at home. I also had to show that I make 40K and that I've been paying taxes for at least two months. Hope this helps.

Phantom

[lopburi3]

They used to put a stamp in red ink next to the extension of stay. It sounds as if you have for family as 40k is the income requirement and you, I assume, had wife with you and she signed some documents?

[Maestro]

That’s good news for you, then, Phantom200, and your example underlines the benefits of using the marriage extension if one has the choice between this and the employment extension. If you are on a marriage extension and your employment contract ends you can continue to stay in Thailand until the expiration of your current extension of stay. Get a re-entry permit if you travel abroad. When the time comes for the renewal of your marriage extension you will of course again have to meet the usual requirements, including family income of 40k per month.

--

Maestro

[Phantom200]

Thanks for the help. I checked my passport and there is a stamp that says "THAI WIFE" in black ink. I guess that settles it right?

I have another question about my job, although it may belong in a different forum. I'll give it a shot anyway:

I feel I'm being treated unfairly by my current Thai employer. I've heard that I can received unemployment for three months upon termination. Is this true? If yes, how and where would I begin to file for it? Is it even worth the hassle?

thanks again,

Phantom200

[KamnanT]

As for the 90 days "unemployment", you may be referring to the statutory severance payment under the Labour Protection Act. If you were a salaried worker not on a fixed term contract of employment, you are entitled to severance in most cases. The amount of statutory severance varies depending on length of service:

More than 120 days but less than 1 year 30 days

At least 1 year but less than 3 years 90 days

At least 3 years but less than 6 years 180 days

At least 6 years but less than 10 years 240 days

10 years or more 300 days

Your employer is also required to give you one complete pay period's notice of termination. If you are paid monthly on the 25th, for example, and your employer gives you notice of termination on August 20th, then he/she must also either (i) permit you to continue work until September 25th on full pay and then pay you your severance entitlement or (ii) pay you until September 25th in lieu of notice, plus your severance.

It is very difficult for an employer to dismiss you "for cause" (i.e. without compensation). This can only be done in cases of (i) gross misconduct (eg. stealing) or (ii) chronic underperformance. In either case, your misconduct or underperformance needs to be well documented. In the case of underperformance, an employer must give at least one written warning stating specific details of the underperformance (e.g. consistently arriving late for work) and the employee must be given the opportunity to rectify the deficiency.

Thai Labour Courts enforce these provisions strictly and generally side with employees if there is any doubt as to the circumstances. Foreigners are given the same consideration as Thais before this court. You don't need an attorney to file a claim and the costs for an aggrieved ex-employee to initiate a claim are minimal. For all of these reasons, most knowledgable employers will negotiate a settlement rather than proceed to defend a claim.