Work Permit Cancelled And Employee No Informed

[bapak]

Have been asked for advice on this matter and although I think I know the answer, would like some backup..

Sitution is thus:

Guy has/had a Mulitple Entry O Visa...

Got offered teacher's job at language school...

Obtained a Work Permit with 1 year Extension to Stay...

Been employed for about 5 months...

Last Tuesday he learned that his WP had been cancelled on 19 July (the Employer has said nothing to him nor given him any written notice)...

WP still in the guy's possession...

Is the Employer legally bound to inform him that he was no longer employed and that WP is cancelled?

What should he do, both at Labour Department and Immigration?

Edited August 14, 2010 by bapak

[TAWP]

Similar what happened to me.

As I was on the extension of stay based on the work permit (and not my original Non-O Visa) I was effectively on overstay. I had to pay some thousands in penalty and apply for the 7-day extension and take a trip out of the country within those 7 days...

Don't think there is some law that they have to inform you that they canceled the WP.

[richardt1808]

Hi,

I think you will find that Thai labour law does offer recourse for a case like this. If an employer wishes to dismiss an employee, he must do so with valid reason and and follow the protocols laid out in the act. Although there may not be anything the employee can do about his actual WP and visa at this point, he should be able to claim severance / notice pay... possibly payment for the remainder of the contract, if it was a fixed term contract. No harm in visiting the labour department or a lawyer in this regard.

Cheers

[steve187]

Is the multi entry a'o' visa still valid?

[monty]

Bit of a difficult one.

The official way would pay the overstay and leave.

Maybe the best option would be to try to get a letter from the employer stating that his job ended for example tomorrow the 16th.

Go immediately to immigration, who will cancel his extension.

Leave Thailand (border run) and come back. As he only worked 5 months and had a multi-entry non immigrant visa, I assume he has a good 6 months validity left on it, so on re-entry he'll get a new 90 days.

If he doesn't cancel his visa, immigration at the border might question your friend on exit as to why he doesn't have a re-entry permit on leaving, and then find out what is happening.

Edited August 15, 2010 by monty

[Mario2008]

If you want to terminate a contract, you have to tell the other party the contract is terminated and the provisions of the contract have to be honered.. I would advise him to go to the labour office, wich can advise him about his rights and can intervene on his behalf and even go to court.

But I'm not sure about this if it is a language school. Believe employees of a school have to deal with their education office.

[bapak]

Is the multi entry a'o' visa still valid?

Just checked... the O Visa 12 months validity expired on 10 July... at that time he was abroad with a ReEntry Permit. Returned on 16 July.

As has been described to me, the school has 2 directors who oppose each other. One director is in the teacher's corner. It was the other director that cancelled the WP. Not sure how the WP was cancelled.... and how it could be done without knowledge but checking with Labour Department tomorrow.

[Colabamumbai]

A Thai employer cannot fire a Thai employee without one months notice or the employee can go to the labor board and the Employer may have to pay money whether it would be to make up for the wages lost with out proper notice. My Thai boss has a problem with some employees and told me he could not fire them immediately due to this. That he would be required to give them one months notice, when I suggested he fire them immediately for drinking on the job, he can't prove that they are drinking on the job unless he actually catches them in the process but customers are complaining about the food. The employees are cooks and chefs.

[bapak]

Accompanied my friend to the Labour Department yesterday. They said there was no requirement to advise the Employee that the WP was cancelled. However, there is a requirement to give the Employee 30 days notice or pay in lieu and if this is not done, the Employer will be penalised.

[Colabamumbai]

Accompanied my friend to the Labour Department yesterday. They said there was no requirement to advise the Employee that the WP was cancelled. However, there is a requirement to give the Employee 30 days notice or pay in lieu and if this is not done, the Employer will be penalised.

Thanks for clarifying things I thought that you may have some of the same rights as Thais, but again as a ferang I was not positive, as this is Thailand.

[allane]

Be careful about self-serving farangs advising you abou what "rights" you have in Thailand. Any rights that you do have will probably only be established after a court battle, with no guarantee that you are going to win. In the meantime, the guy who is the subject of this post is in an overstay situation, with the fine mounting daily. He should get his visa situation rectified, to at least put a stop to that. Any battle over his supposed "rights" should be a secondary consideration.

[monty]

Be careful about self-serving farangs advising you abou what "rights" you have in Thailand. Any rights that you do have will probably only be established after a court battle, with no guarantee that you are going to win. In the meantime, the guy who is the subject of this post is in an overstay situation, with the fine mounting daily. He should get his visa situation rectified, to at least put a stop to that. Any battle over his supposed "rights" should be a secondary consideration.

Not true in the case of labor laws.

The labor department tends to be on the side of the employee, regardless him being Thai or foreigner. Many cases where an employer found out and was forced to pay what was owed to the employee, along with being fined. Very seldom a court battle has been needed, the laws are very clear and unambiguous on labor issues!