Work Permit Cancellation

[1stephen1]

Hi,

What can I do if the company I am working for cancel my work permit without telling me ? As apparently it is the plan of my employer to put me in trouble…

Thanks a lot for any advice.

[Mario2008]

Not much you ca do, accept to complain to the labor office. In labor disputes they are there to help you and in case of an unfair dismissal they will even go to court for you if they have to for damages.

Unfortunately, if you are on an extension of stay based on employment, losing your job means losing your permission to stay and you would need to leave the same day or get a 7 day extension from immigration.

[nullx8]

losing your job means losing your permission to stay

just plain couriousity ...

are labor and immigration this close connected ?

lets say leave the country for business and while aboard the WP is canceled ?

[Rama]

Are you fully employed by them? Do you show up for work every day? Seems to me if they cancel and you don't know about it, there's something dodgy about your "work" or your "work permit" to start. Is your work permit fraudulent to start with? If it is, don't expect any help from labor dept., immigration, or the courts...............

[Mario2008]

losing your job means losing your permission to stay

just plain couriousity ...

are labor and immigration this close connected ?

lets say leave the country for business and while aboard the WP is canceled ?

So far they seem not connected in that way. But your entry would be illegal as your permission to stay expired. They might not pick it up, but next time you apply for a work permit and a new extension of stay, they might notice it.

[1stephen1]

Thank you for your answer.

The problem is, they will not tell me they canceled it… I’ve just been warned by somebody else working in the same company about what’s going on me.

So what to do as I will apparently be overstay without knowing anything about it?

If anything happens, I will definitely go the Labor Department and fight for my rights…as I only did my job and it is apparently more a question of persons.

My work permit is legal, I’ve been to the labor to pick it up myself, all was done on the right way with real papers works. I am fully employed and go everyday to the office.

If I go to complain to the labor office for unfair dismissal and it is goes to court, can I stay on my business visa during the time the process is running ?

Many thanks for your helps and advices.

[Mario2008]

Are you fully employed by them? Do you show up for work every day? Seems to me if they cancel and you don't know about it, there's something dodgy about your "work" or your "work permit" to start. Is your work permit fraudulent to start with? If it is, don't expect any help from labor dept., immigration, or the courts...............

This seems to be just a ploy to get rid of the OP. It will be trouble for him, if on an extension of stay, but the labor office will be on his side.

[Mario2008]

The question is if you still have a valid non-B visa and leave the country every 90 days or are on a 1 year extension of stay. If you still have a visa and leave the country every 90 days, there is no problem. If you are on an extension of stay, you have to leave the country or get an extension of stay based on other grounds.

Being involved in a legal proceeding is such reason, but i do not know if the process at the labour office would be enough to give this extension. If not, your best bet would be to get a double entry tourist visa from vientianne, Laos.

[scorecard]

begs the question - why are they cancelling your work permit?

[1stephen1]

Hi Mario2008m,

I am on a 1 year extension of stay and needs to report every 3 months to the immigration. In this case can I apply for another extension of stay with an other company ?

----

HI scorecard,

Apparently the reason is because the wife of my boss does not like me as I saw a clear goal on her game... and I understand everything she says, but her husband do not as he do not speak Thai.

[Mario2008]

You are on a 1 year extension of stay, meaning losing your job means that you have to leave Thailand the same day. But you can get a 7 day extension of stay from immigration.

If you manage to get a new job in these 7 days and a work permit, you can apply for a new extension of stay. Short time, so start looking now. Might be better to get a tourist visa from abroad.

If married to a Thai national, you can get an extension for 60 days instead of 7.

[opalhort]

Isn't it possible for the OP to take a copy of his WP to the labor Department and explain the situation to them with the request for them to notify him by phone as soon as his employer cancels his WP?

It won't solve his visa issue but at least he can avoid overstay by knowing on the spot when they cancel his WP.

opalhort

[1stephen1]

You are on a 1 year extension of stay, meaning losing your job means that you have to leave Thailand the same day. But you can get a 7 day extension of stay from immigration.

If you manage to get a new job in these 7 days and a work permit, you can apply for a new extension of stay. Short time, so start looking now. Might be better to get a tourist visa from abroad.

If married to a Thai national, you can get an extension for 60 days instead of 7.

Unfortunately I can not get a 60 days extension as I divorced years ago but in this case can I get a 60 days extension as my daughter is Thai national even if I have a non B visa with a 1 year extension of stay?

[Mario2008]

Yes, that is possible. Best is to take the daughter with you when applying, together with the birth cerificate. Some offices may require that she lives with you.

[bapak]

See: http://www.dejudomlaw.com/index.php?option=com_content&task=view&id=109&Itemid=9

4th item down...

EMPLOYMENT

WORK PERMIT CANCELLATION

[gregb]

So what to do as I will apparently be overstay without knowing anything about it?

Yes, you will. And you'll be forced to pay the overstay fine also. Happens all the time.

However, it will only show in the computer if the immigration agent specifically looks for it. There is no flag that comes up. I know someone who was in this situation, and was able to leave just fine by simply getting on a plane and flying out. No fine due. He then came back in and all was well. It is a crap shoot though. It may not work for you if the guy at immigration is alert. Your stamp is still valid though, so most of them don't scrutinize it closely.

Please keep in mind. This happens all the time. It is boring, old hat stuff to the guys at the labour office. Will they be on the OP's side? Maybe, maybe not. There are also people who get fired and refuse to go get their visa stamped because they are trying to game the system. If the company says, we told him, here's the letter we gave him when we told him he was fired, nobody will likely support him. They have no proof they gave him the letter, but then again, the OP has no proof they did not.

Is a labour official going to go through the effort to investigate? Don't know. It's a big question mark. Depends on the mood of the guy he complains to I guess.

The best thing the OP can do is to demand the work permit from his company and keep it in his physical possession. He is required to have it on his person at all times to work in the office, but when he goes home at night, he is entirely within his rights to demand to take it home. It is the legal property of the OP. The company can not legally prevent him from keeping it. They can demand to see it every day when he comes to work, but that is all.

I strongly suggest the OP confront his employer about this immediately, and inform the employer in writing that he will be keeping physical possession of his work permit from this point on.

[BlackGrape]

The guys getting sacked.

Mario, you laid it out perfectly what he needs to do.

[gregb]

See: http://www.dejudomlaw.com/index.php?option=com_content&task=view&id=109&Itemid=9

4th item down...

EMPLOYMENT

WORK PERMIT CANCELLATION

Interesting.

I suspect these procedures are voluntary. Notice all it says is "not required". It never says "prohibited". The old system is still clearly in use as of 2009, at least a year after this notice is dated.

Get your work permit from your employer. Do not let him hold it if you don't trust him.

[Mario2008]

From immigration website:

Attention

If the alien granting extension of stay permit in The Kingdom for the reason of working at a business company/organization etc., resigns from such company / organization, his/her stay permit will be immediately terminated. As a consequence, The stay permit of his/her dependents will be terminated as well. Work Permit and Stay Permit must be revoked by competent officials.

http://bangkok.immigration.go.th/en/base.php

[1stephen1]

Hi

Following your advices to get notice of this cancellation, if it happens, I will ask the labor to call me...I not sure it is possible...and I will go with my daughter to ask for an extension of 60 days, the immigration will be ok. The next step will be anyway to fight by the law with the labor on my side as I only done my job.

I still have on more question to try to cover it all... can my work permit be cancel during my holidays and do I need specific paper work from the company to confirm my holidays ?

Many thanks,

[Mario2008]

The work permit is canceled by a letter from your employer to the labour department. Your last day of work is the last day you are getting paid over.

If it is a paid holiday, it will not be your last day of work, but they can cancel your work permit. Next is the question if it is a legitimate termination of your contract. If not, your WP is still canceled but you can claim damages.

[1stephen1]

Finally my WP and extension of stay were canceled without telling me anything, they informed me 48h00 after they did it and my visa was automatically terminated.

I normally had to claim another one, but the immigration office offered me helps and extend my old one as they understood the situation and did not appreciate on how my employer did it.

Thank you all for your advice, you helped me a lot.

Stephen