Boater Posted February 10, 2009 Share Posted February 10, 2009 Hi I have just left my former employeer to start a new job ( basically the company informed us 26th Jan that there was no money to pay salary and we would basically have to work for free for the next 6 months as the company had no money ) With this and luckily i was offered a new job.. Now that i have left the company they will not give my Passport back and are holding onto it ( i have also just recieved a new 1 year Visa ) So, can they legally hold the passport ? ( As in theory it is own my her Majesty the queen of England, and not me or the company ) and can they cancel the 1 year visa which has just been issued and paid for? I really need to get this sorted today Many Thanks Link to comment Share on other sites More sharing options...
DeeMaiDee Posted February 10, 2009 Share Posted February 10, 2009 Your passport does not belong to you, it belongs to your country of origin. Go talk to your home country embassy, they will know what to do. Link to comment Share on other sites More sharing options...
ubonjoe Posted February 10, 2009 Share Posted February 10, 2009 HiI have just left my former employeer to start a new job ( basically the company informed us 26th Jan that there was no money to pay salary and we would basically have to work for free for the next 6 months as the company had no money ) With this and luckily i was offered a new job.. Now that i have left the company they will not give my Passport back and are holding onto it ( i have also just recieved a new 1 year Visa ) So, can they legally hold the passport ? ( As in theory it is own my her Majesty the queen of England, and not me or the company ) and can they cancel the 1 year visa which has just been issued and paid for? I really need to get this sorted today Many Thanks No that cannot keep your passport for any reason. If they continue to try and keep it go to the police. Do you have a multiple entry visa or an extension of permit to stay? Visa they cannot cancel. The extension goes away when you leave or loose your job. They are required to notify the labour department and the labour departent will notify immigration. Unless you are able to get a new work permit and the documents needed for antother extension you will have to leave the country and get a new visa. Link to comment Share on other sites More sharing options...
Soutpeel Posted February 10, 2009 Share Posted February 10, 2009 They cannot cancel your visa, they could pull your extension of stay (if you are on that) Holding someones passport is illegal, go and have a talk to the British embassy and tell the company what you are up to.. Something similar happened to a collegue a few years ago and the owner of the business (a European national) held the passport and was full of bravardo until I told him I had phone the British Embassy, who had contacted his embassy...passport was handed over pretty quickly Link to comment Share on other sites More sharing options...
Lite Beer Posted February 10, 2009 Share Posted February 10, 2009 Basically do you have a Visa or an extension of stay. As said if it is an extension of stay , it finishes on the day you finish your job. Link to comment Share on other sites More sharing options...
Boater Posted February 10, 2009 Author Share Posted February 10, 2009 Ok my boss has just rang me and said i basically cannot work for another company.... and they that are holding my passport and i will be blacklisted by immergration?? can they do this and who do i get hold of as i have done NOTHING wrong ! Much help needed thanks Link to comment Share on other sites More sharing options...
Mario2008 Posted February 10, 2009 Share Posted February 10, 2009 Your former employer is only scaring you and is probably commiting an offence by holding on to your passport. They can only infrom labour office and immigration that your job is finished and that means your extension of stay is cancelled and need to go to immigration with your passport. Link to comment Share on other sites More sharing options...
Soutpeel Posted February 10, 2009 Share Posted February 10, 2009 Okmy boss has just rang me and said i basically cannot work for another company.... and they that are holding my passport and i will be blacklisted by immergration?? can they do this and who do i get hold of as i have done NOTHING wrong ! Much help needed thanks OK...now you phone the British embassy and tell them a company is refusing to return your passport...then go down to the local cop shop and lay a complaint.....they cannot blacklist you with immigration..they are talking through their ar*e......is the person you are dealing with Thai or a Farang ?? Link to comment Share on other sites More sharing options...
Boater Posted February 10, 2009 Author Share Posted February 10, 2009 is the person you are dealing with Thai or a Farang ?? he is Thai, if it was ferang i would not worry but i do know he is connecting to immergration should i contact the Embassey now????? ................... i am a very worried, as the boss wants to meet tomorrow and he is known as a bit of a mafia figure ( but not in BKK where i shall met him ) Link to comment Share on other sites More sharing options...
ubonjoe Posted February 10, 2009 Share Posted February 10, 2009 is the person you are dealing with Thai or a Farang ?? he is Thai, if it was ferang i would not worry but i do know he is connecting to immergration should i contact the Embassey now????? ................... i am a very worried, as the boss wants to meet tomorrow and he is known as a bit of a mafia figure ( but not in BKK where i shall met him ) I wouldn't worry to much. There is not a lot he can do through immigration it takes a court action for you to be black listed. I think it's all bluff from him. If you contact the embassy they are going to tell you to go to police. The can't do anything but give you advise. Take somebody with your for the meeting. Just you having a witness with you might change things. Link to comment Share on other sites More sharing options...
richard_smith237 Posted February 10, 2009 Share Posted February 10, 2009 As I understand it and I might be mistaken here.... Isn't it illegal for a foreigner to be in Thailand with out ID (in the form of a passport) on your possession at all times? I know this is usually not followed and drivers licences, photo copies etc are often used.... However, IF this is so, then surely this man is breaking the law by refusing to hand back your passport ? Also, what was he doing with the passport in the first place? Is it common practice to give passports to employers over here? I've never heard of this before.... Good luck and I hope things work out for the best... One option might be to contact the tourist police as now you have finished your contract you should have to leave the country and return on a tourist visa or visa exemption stamp. Link to comment Share on other sites More sharing options...
retiredusn Posted February 10, 2009 Share Posted February 10, 2009 Why in the world would anyone give their passport up!, Too anyone..........................???? Link to comment Share on other sites More sharing options...
Boater Posted February 10, 2009 Author Share Posted February 10, 2009 Why in the world would anyone give their passport up!, Too anyone..........................???? because my office had sent the passport off to get a new visa, and i was supposed to off got it back today, but unfortunalty it was given to HR and not me........ now they will not give it back Thanks Link to comment Share on other sites More sharing options...
Mario2008 Posted February 10, 2009 Share Posted February 10, 2009 Do not sign anyhting with your employer, especialy when you don't understnd it. He might want you to sign something that will make that you lose any rights to severence pay. Remember that the labour office is also there to help you in case of problems with your employer, like when they won't pay salary. Link to comment Share on other sites More sharing options...
Boater Posted February 10, 2009 Author Share Posted February 10, 2009 Remember that the labour office is also there to help you in case of problems with your employer, like when they won't pay salary. i didnt have an up to date contract... they keeped postponing it well i will met him tomorrow and see what happens.... Link to comment Share on other sites More sharing options...
Naam Posted February 10, 2009 Share Posted February 10, 2009 can they do this and who do i get hold of as i have done NOTHING wrong ! i think your avatar is reason enough to cancel your visa Link to comment Share on other sites More sharing options...
KamnanT Posted February 10, 2009 Share Posted February 10, 2009 because my office had sent the passport off to get a new visa, and i was supposed to off got it back today, but unfortunalty it was given to HR and not me........ It sounds as if your passport was sent off to Immigration to obtain a one year extension of stay on your current visa (to get a "new visa", you would have to leave the country). If this is, indeed, the case then your permission to stay will end on your last day of work, as communicated by your employer to the Labour Department. You must leave the same day or obtain a 7-day extension at Immigration...which will require your passport, of course. You say your employer is "a bit of a mafia figure", but I think you have little choice but to report the theft of your passport (and it is theft) to the police. And this will have to be to the police in the jurisdiction where your place of employment is located. With the police report in hand, you can then go to the British Embassy and see what assistance they can or cannot provide. At a minimum, I would have thought they could arrange for a replacement passport that would allow you to leave the country and return later with a new visa for your new employment. Link to comment Share on other sites More sharing options...
astral Posted February 10, 2009 Share Posted February 10, 2009 Your passport does not belong to you, it belongs to your country of origin. Go talk to your home country embassy, they will know what to do. Contact your embassy IMMEDIATELY Link to comment Share on other sites More sharing options...
sniffdog Posted February 10, 2009 Share Posted February 10, 2009 My passport (Dutch) even states I am not allowed to hand over my passport to a third party if there is no legal requirement to do so. You said they gave you a 1 year visa .... I hope you had a WP. If you didn't I wouldn't go to the police .... In that case, report it as lost and get a new passport .... Link to comment Share on other sites More sharing options...
Boater Posted February 10, 2009 Author Share Posted February 10, 2009 You said they gave you a 1 year visa .... I hope you had a WP. If you didn't I wouldn't go to the police .... yeah i have a work permit And this will have to be to the police in the jurisdiction where your place of employment is located i am now in BKK and the local police is in Samui, where my boss has some influance over can i just report in BKK???? thanks Link to comment Share on other sites More sharing options...
Brigante7 Posted February 10, 2009 Share Posted February 10, 2009 Your passport does not belong to you, it belongs to your country of origin. Go talk to your home country embassy, they will know what to do. Yes go to the English embassy. Link to comment Share on other sites More sharing options...
Maestro Posted February 10, 2009 Share Posted February 10, 2009 In your case, I would go straight to the police and report the loss of my passport. They will ask where you lost it and you should answer truthfully that you gave it to your employer and that he refuses to give it back to you. Make sure this gets stated correctly in the police report. Then use the police report to apply for a new passport and to inform the immigration office obout the loss of your passport. Once you have your new passport, go to the police and file an accusation of theft against you employer, if you feel like it. -- Maestro Link to comment Share on other sites More sharing options...
Boater Posted February 11, 2009 Author Share Posted February 11, 2009 update i have just seen the boss and he still refuses to give the passport back They have infomred me that they have lodge a complaint with the police that i stole company property ( this is untrue as i have given back my company laptop and phone ) !!!! and that i can get my passport back when i hand my self into immergration to be arrested and deported and i can never come back to thailand !! ( he said he has a friend in immergration who can do this and get me blacklisted ) He informed me that if i dont work for him i cannot work for anyone else !! as i know to much !! I will go to the embassey toomorrow to explain all but if there is anyone in bangkok that can help me please PM i am so worried ( i have been in Thailand 4 years and have never done anything wrong, all i wanted to do was get new job that paid more money ! ) Thanks Link to comment Share on other sites More sharing options...
Boater Posted February 11, 2009 Author Share Posted February 11, 2009 i also have sms from the company threating me to leave the country ect ect ....... should i also give this to the embassey in case something does happen to me? Link to comment Share on other sites More sharing options...
ubonjoe Posted February 11, 2009 Share Posted February 11, 2009 A visit to the police is due. The tourist police would be a good start. They are there to take care of foreingners not just tourists. They probably are more familiar with passport issues than the regular police. Also I think it's time for lawyer. Do you have anything that proves what the company gave you to use and what you have returned. Link to comment Share on other sites More sharing options...
Tywais Posted February 11, 2009 Share Posted February 11, 2009 A visit to the police is due.Also I think it's time for lawyer. Agree on both of the above. Appears they are effectively trying to blackmail you into staying. And as joe mentioned, was there any check in list that identified what you were given for use? Link to comment Share on other sites More sharing options...
Boater Posted February 11, 2009 Author Share Posted February 11, 2009 Do you have anything that proves what the company gave you to use and what you have returned. There is no record and i signed for nothing when they gave me i tried in vain for them to sign when i returned but they refused.......... but i am on CCTV giving it all back?? but i have no money for a lawyer as they have not paid my salary ( hence why i left ) and now they owe me over 300 K but i do not think i will see this money , unless a lawyer will take a fee for win only??? Link to comment Share on other sites More sharing options...
neverdie Posted February 11, 2009 Share Posted February 11, 2009 Do you have anything that proves what the company gave you to use and what you have returned. There is no record and i signed for nothing when they gave me i tried in vain for them to sign when i returned but they refused.......... but i am on CCTV giving it all back?? but i have no money for a lawyer as they have not paid my salary ( hence why i left ) and now they owe me over 300 K but i do not think i will see this money , unless a lawyer will take a fee for win only??? Boater, Are you earning 300k per month? How did they end up owing you 300k, how long did you let them go for to get to this total? Sounds like a great company NOT. I wouldnt be too worried about the Mafia claims, I've heard that time and time again here in Thailand, I can imagine theres plenty of bluff in most of these claims. I have Mafia connections too Link to comment Share on other sites More sharing options...
ubonjoe Posted February 11, 2009 Share Posted February 11, 2009 Do you have anything that proves what the company gave you to use and what you have returned. There is no record and i signed for nothing when they gave me i tried in vain for them to sign when i returned but they refused.......... but i am on CCTV giving it all back?? but i have no money for a lawyer as they have not paid my salary ( hence why i left ) and now they owe me over 300 K but i do not think i will see this money , unless a lawyer will take a fee for win only??? If you didn't sign for anything thats a plus. I think if you go to the police they will help you get your passport back. After that leave the country and get a tourist visa until your new employer can get the paper work together for another B visa. Link to comment Share on other sites More sharing options...
Boater Posted February 11, 2009 Author Share Posted February 11, 2009 Boater, Are you earning 300k per month?How did they end up owing you 300k, how long did you let them go for to get to this total? I am in real estate and still have 3 Deals that i have done to be paid the commission on I think if you go to the police they will help you get your passport back. i will go to the embassey first i think, as i do not trust the police here, as as mentioned before they have reported to the police that i stole a laptop which i havent and i have already given back, but i am worried they may arrest me for that.... Link to comment Share on other sites More sharing options...
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