Should I Return The Work Permit Fee To The Employer?

[ajmarie]

Need your advice please......

I am discontinuing my contract by the end of this month (May) which is supposed to end in September 2010. My resignation is already approved by my employer. But, the finance department told me to return the 3,000 Baht they paid for my work permit. I don't understand why I need to give back the money to them. In my contract, it doesn't say anything that I must return the fee for the work permit If I resign or being kicked out by the employer. It says that the employer will pay for the work permit fee worth 3,000...only that. I asked them regarding this issue and they said that they will use that money to pay for my replacement's work permit . Is it right? Why they did not write it in my contract from the beginning...

[Esther Kaufmann]

They can't ask back this money as it is their duty to take care the work permit. It actually belongs to the company and therefor it goes to their cost's. All you have to make sure, you leave the country before the visa expire which is coupled with the work-permit.

Its the companies duty to report within 7 day's of last working day and so you only have a few day's to get out. Best you talk to the people at the Immigration of how long you can stay after.

[thaiphoon]

If permission to stay is based on extension of stay linked to employment, then he will have to leave the country on the last day of working (or obtain 7 day extension or alternative extension of stay from immigration). If permission to stay in based on visa entry (doing 90 day border runs) he can stay until his current permission to stay expires, and in the case of holding multiple entry Non-Immigrant visa can continue to do 90 day border runs until visa expires. As for returning the 3,000 baht, sounds like a try on to me, but they could make life difficult if Op were to apply for new WP - by old company not advising the local labour office of contract termination to cancel work permit record.

[WarpSpeed]

As for returning the 3,000 baht, sounds like a try on to me, but they could make life difficult if Op were to apply for new WP - by old company not advising the local labour office of contract termination to cancel work permit record.

Yes but they could get their money back out of him and still do this and for a lousy 3000b requesting back from you it sounds like they would be the type to do that, so I would just follow through to make sure they notify labor office so you're free to re-employ but keep the 3000b as they have no leg to stand on.

[Mario2008]

They invested money in him and he is the one who doesn't honor the contract. In that light it is not unreasonable to ask the money back for the WP, but only for the period that he would not honor the contract. If working for half the term of the contract, he should only pay half of the WP.

[ajmarie]

Thanks for your advices. I think the school I work for has no other grounds to blocklist me to the labor office for I clear everything I need to clear to them that's why they approved my resignation.

Anyway, how about my work permit book? Should I return it back to the labor office and make a new one in my new workplace or I can use the same book and just change the information written there? For my visa, I am using marriage visa for I am married with a Thai man.

[Soutpeel]

Thanks for your advices. I think the school I work for has no other grounds to blocklist me to the labor office for I clear everything I need to clear to them that's why they approved my resignation.

Anyway, how about my work permit book? Should I return it back to the labor office and make a new one in my new workplace or I can use the same book and just change the information written there? For my visa, I am using marriage visa for I am married with a Thai man.

I would take Mario's advice, as it you have "broken contract'

If you where leaving the country then wouldnt bother paying the THB 3000 back, but seeing it appears you are moving onto another job in Thailand, pay the THB 3000 back for piece of mind, as previous employer could make trouble with the labour office for your new application, besides its the right thing to do....they have incurred cost through no fault of their own, and after all its only THB 3000....

[ajmarie]

Alright. Thank you very much for your wonderful advice. Having peace of mind is the best thing to have when moving on. But how about my work permit book? Seems like there is a new labor regulation that I can continue using the same WP book and just change the new information there.