Work Permits And Non B Visa Experience

[Colabamumbai]

So I am back from Laos not a week now with my Non B visa good for three months. I signed a two year contract to manage this resort and restaurant. I have been here one month and today was told that the owner is selling the management rights to a U.S. company and my job will be terminated in two months or less when they sign the contract with the U.S. firm. He owes the bank here money that he cannot pay with out a huge investment. That is the story.

I do not feel very good here. I have brought B20,000 in new business here in the first month, thru internet bookings.

I have ordered brochures/flyers B15,000. Why would they let me go ahead and incur this expense for them if they were going to sell the rights or the business.

I am left wondering if I am just been given the bums rush here?

Why would a business owner sign a two year contract with me, go through all the work of supplying documents for work permit and non B visa, I have only the single entry, used already to come into Thailand, and then to tell me 5 days after I come back from Laos that I am out of work. Something does not seem right.

Is this typical Thai work experience.??

I was on a one year multiple entry Ed. Visa that is good till January 2011. It does not appear to be cancelled, can I use that visa to go and come from the country?

I doubt that the resort will supply necessary documents to immigration to renew my visa for one year, if I am not working for them.

What are my options now...???

What are my rights?

We have a contract that says "either party can give notice of terminating the contract in writing with not more than 90 days notice"

Thanks now

[Mario2008]

Your ED-visa is canceled, as you now have another visa. But you are currently not on an extension of stay, meaning that you can stay in Thailand till the date immigration at the border stamped in your passport. You have till than to find a new employer, unless the new management would like to retain you.

If you get fired because of this, it could be a breach of contract. Depends on the wording of the contract, as in a probation period you could be fired on the spot. Talk with your employer about your pay. You cna always go to the labour office if you feel you are not treated fairly. They will be on your side and take the case on on behalf of you.

Might be ebst to just walk away and try to find a new job.

[digitalchromakey]

Your basic rights with a Work Permit having been with a company for less than 120 days are 30 days notice with no compensation.

Forget about an Extension of Permission to Stay based on Employment, that would end anyway the day you leave employment.

You currently have a non immigrant B visa and a 90 Day stamp - so you can get busy looking for a new job with a new Work Permit.

I recollect that you currently have a two year WP; so perhaps with your current employer's support then one option would be to get the company paperwork together again to apply for a one year multiple entry non immigrant Type B visa from KL in two month's time; which would then at least give you yet more breathing space.

[Colabamumbai]

Your ED-visa is canceled, as you now have another visa. But you are currently not on an extension of stay, meaning that you can stay in Thailand till the date immigration at the border stamped in your passport. You have till than to find a new employer, unless the new management would like to retain you.

If you get fired because of this, it could be a breach of contract. Depends on the wording of the contract, as in a probation period you could be fired on the spot. Talk with your employer about your pay. You cna always go to the labour office if you feel you are not treated fairly. They will be on your side and take the case on on behalf of you.

Might be ebst to just walk away and try to find a new job.

Thanks Mario. I'm not concerned about receiving my pay. I have started looking for a new job. My first experience working in Thailand has not been pleasant. Nor was my marriage.

[Colabamumbai]

Your basic rights with a Work Permit having been with a company for less than 120 days are 30 days notice with no compensation.

Forget about an Extension of Permission to Stay based on Employment, that would end anyway the day you leave employment.

You currently have a non immigrant B visa and a 90 Day stamp - so you can get busy looking for a new job with a new Work Permit.

I recollect that you currently have a two year WP; so perhaps with your current employer's support then one option would be to get the company paperwork together again to apply for a one year multiple entry non immigrant Type B visa from KL in two month's time; which would then at least give you yet more breathing space.

You are correct about the two year work permit. With my current employers support could I not get the one year extension here from immigration as opposed to a new visa, starting all over again, from KL?

[Mario2008]

That would be illegal and you would also need to show tax documents to get the one year extension of stay.

If you find a new employer before your permission to stay ends, you don't need a new visa and can just apply for a new work permit on your current permission to stay.

[ljerams]

Presumably you are quoting an English version of your Contract? If it is a translation from Thai remember the Thai Language will always apply in Law unless previously agreed otherwise and written into the Contract.

This is the best method to avoid future problems as to what you signed for and accepted.

I always worked for Expat Companies and never had any problems of this nature.

Edited November 10, 2010 by ljerams

[digitalchromakey]

You are correct about the two year work permit. With my current employers support could I not get the one year extension here from immigration as opposed to a new visa, starting all over again, from KL?

You may well find an Extension of Permission to Stay on the basis of Employment very difficult to get and I suspect that your employer who is selling up, may well tire of the often quite challenging requests for paperwork from Immigration.

If the new owner offers you a job, then it could be possible - but to repeat, if your are leaving the company then an Extension of Permission would not be viable, plus it would also be illegal.

If you apply at KL and receive a one year multiple entry non immigrant B visa whilst still employed with a two year work permit, then it will still be 100% valid when you finish work, even with the WP canceled.

This route gives you a whole 15 months to find a new job just making border runs every 90 days.

.

Edited November 10, 2010 by digitalchromakey

[Mario2008]

Good advise by digitalchromakey. OP might ant to follow it while still employed.

[Colabamumbai]

Presumably you are quoting an English version of your Contract? If it is a translation from Thai remember the Thai Language will always apply in Law unless previously agreed otherwise and written into the Contract.

This is the best method to avoid future problems as to what you signed for and accepted.

I always worked for Expat Companies and never had any problems of this nature.

The contract is only in English, it is basic.