Overstay By Cancelled Contract ?

[bow]

I have a six months contract with my present employer (a school) The employer tried to trick me into signing a resignation document. I refused, of course.

(They handed me a document in Thai and tried to persuade me to sign, without explaining what it said. Fortunately, I read enough Thai to recognize the word ลาออก, resign.)

I worry that the employer cancel the contract and report this to labour and immigration without telling me about the cancellation. This would put me on overstay without knowing it. Could this happen ?

I might add that there is nothing in the contract that gives a right to cancel except in exceptional cases.

There is not enough money involved to justify the cost for a good lawyer, so I do the second best thing, ask the immigration forum !

[InterestedObserver]

You didn't mention your immigration status. Do you still have a valid visa? If your employer lets you go, for whatever reason, then your extension of stay based on working becomes invalid and you need to leave the country or arrange another extension from immigration immediately. You should get a letter from your employer stating your last day of work and take it with you to immigration.

[Soutpeel]

You didn't mention your immigration status. Do you still have a valid visa? If your employer lets you go, for whatever reason, then your extension of stay based on working becomes invalid and you need to leave the country or arrange another extension from immigration immediately. You should get a letter from your employer stating your last day of work.

This is on proviso that the OP is on an extension of stay based on employment, he mentions a 6 month contract, therefore may be on a 90 visa therefore may not be on an overstay...OP needs to confirm exactly what he is on ??, also dependent on how long he has been with the school, he may be entitled to severance, hence the reason they pushing a "resignation"

OP go and see the labour department...will not cost you anything, they are pretty helpful

[bow]

It's a non-imm O extension based, primarily, on a work permit. So, I have it all, a visa, a work permit and a valid contract that all expire on May 31.

In theory I am safe, there is nothing anybody can do unless I resign, and that I will not do.

My worry is that my employer goes behind my back and tries to f.... things up for me.

I might add that I am in a tiny province far out in the bush; everybody knows everybody.

[VocalNeal]

Bow,

There is another thread on here somewhere about exactly the same thing. It probably has more to do with money than with a visa . They may just wish not to pay you severance pay if you are no longer required.

Find the other thread

[TerryLH]

"...based, primarily, on a work permit."

Primarily? Either it's based on work, or it isn't.

[thaiphoon]

It's a non-imm O extension based, primarily, on a work permit. So, I have it all, a visa, a work permit and a valid contract that all expire on May 31.

You are mixing different things. An extension of stay is not a visa -- and the consequences of employment termination can be very different between the two. If your permission to stay is based on Non-O visa issued by consulate abroad (and should therefore be doing 90 day border runs) you can remain in the country until your permission to stay expires. If holding multiple entry visa you can do further border runs every 90 days whilst your visa remains valid. If, however, your permission to stay is based on extension of stay linked to employment issued by Thai immigration (and should therefore be doing 90 day reporting), then should work end you will have to leave the country on your last day or change the basis of your extension or obtain 7 day extension from immigration.

[Mario2008]

They might cancel your contract, but would be in trouble themselves if they do that without good cause, or even informing you. If they don't honor their contract you can sue for damages.

[bow]

"...based, primarily, on a work permit."

Primarily? Either it's based on work, or it isn't.

I was thinking back on the application process. The police officer spent a lot of time examining the blue work permit book and very little time on all the other documents. But you are right, of course, the extension is based on work.

[bow]

Thaiphoon, I think you have reminded me before that my language is not exact enough, sorry that I forgot.

You say "should work end". If you have a contract that ends on a certain day, than that is the day work ends. If you have the sort of contract that I am used to from Europe, where there is no last day specified, then work ends when you resign or get the sack, or retire, or ......