Simultaneous Termination Of Employment And Renewal Of Contract

[JJ101]

Hello everyone,

I have received a letter of termination from the company I work for. The Thai staff have all received the same letter (presumably to avoid the severance pay for termination of employees who have worked for more than 120 days and less than a year, thereby terminating and reinstating everyone short of the 120 day mark). The employer has said that he will reinstate some employees (including me).

I know that as a foreigner in Thailand, once your employment ends, so too does your work permit and visa and you have 24 hours to leave the country, or change your work permit and renew your visa (e.g. to another company) within the same day.

Does this mean that if the employer wishes to re-employ me in this way, my non-immigrant visa and work permit would have to be cancelled and reapplied for by the company?

Many thanks!

JJ

[digitalchromakey]

Your permission to stay is only affected if you are on an extension of permission to stay from Thai Immigration on the basis of employment.

If you obtained your Non Immigrant Type B visa overseas and are currently making 90 day border runs, then your passport stamp/visa is not affected by a termination of employment, but your work permit is cancelled.

[Colabamumbai]

Your permission to stay is only affected if you are on an extension of permission to stay from Thai Immigration on the basis of employment.

If you obtained your Non Immigrant Type B visa overseas and are currently making 90 day border runs, then your passport stamp/visa is not affected by a termination of employment, but your work permit is cancelled.

I had made a post yesterday but received no replies. I think you also answered my question. I am on my first 90 days Non B with WP, the 90 days expires Feb.1, I cannot get extension of stay because owner did not pay taxes and Social Security for me. So I want to change visa to retirement using the income from abroad, monthly, 65,000 Bhat with an affidavit from the Canadian Embassy. So If I get this affidavit and go to immigration before February 1 2011, will they change the visa to retirement? ?

I will resign from the job. I understand that I cannot work with retirement visa. Please reply

[InterestedObserver]

You can get a 1 year extension of stay based on retirement from immigration if you qualify and get to immigration before your 90 day entry expires on 1 Feb 2011. The retirement extension of stay is not a visa. A couple of posters have reported being able to working with a retirement extension, if you can get a work permit issued then you can work.

[Colabamumbai]

You can get a 1 year extension of stay based on retirement from immigration if you qualify and get to immigration before your 90 day entry expires on 1 Feb 2011. The retirement extension of stay is not a visa.

Thanks so much for your timely reply. That is what I was hoping to hear. Do you know if I will need a letter of termination of employment from my employer? or would this not be necessary. The Korat immigration office asks more questions like (what were you doing here two weeks ago)? Than they give answers.

[InterestedObserver]

Immigration should only be concerned if you have an extension of stay based on working, which you apparently do not. Korat immigration office could refuse to issue a retirement extension of stay if you are working, it's really up to them. Be prepared to prove that you are no longer working.

[Colabamumbai]

Immigration should only be concerned if you have an extension of stay based on working, which you apparently do not. Korat immigration office could refuse to issue a retirement extension of stay if you are working, it's really up to them. Be prepared to prove that you are no longer working.

So a letter showing my termination from the company should be ok?

[InterestedObserver]

It's anybodies guess, immigration asks the questions and sets the rules. Posters have reported being told to get confirmation that their work permit was returned to the labor office.

[Colabamumbai]

It's anybodies guess, immigration asks the questions and sets the rules. Posters have reported being told to get confirmation that their work permit was returned to the labor office.

Can I take the WP to the labour office myself and get confirmation that it was returned. I can't trust the owner to do it.

[JJ101]

LOL get your own topic buddy! Jokes, so is an extension of permission to stay where they extend your non-immigrant visa to 12 months?

That's what I have (12 months validy), along with a work permit and so I'm not making border runs. In this case would termination of employment (and reinstatement at the same company with a new contract) nullify my non-immigrant visa and leave me 24 hours to get a new company or leave the country?

Thanks,

JJ

"Your permission to stay is only affected if you are on an extension of permission to stay from Thai Immigration on the basis of employment.

If you obtained your Non Immigrant Type B visa overseas and are currently making 90 day border runs, then your passport stamp/visa is not affected by a termination of employment, but your work permit is cancelled."

[InterestedObserver]

Return the work permit and get a receipt from the labor office yourself. Best solution for everybody concerned.

[Colabamumbai]

Return the work permit and get a receipt from the labor office yourself. Best solution for everybody concerned.

Thanks for all your help during the past year. Wishing you and your family a safe and happy New Year.

[InterestedObserver]

LOL get your own topic buddy! Jokes, so is an extension of permission to stay where they extend your non-immigrant visa to 12 months?

That's what I have (12 months validy), along with a work permit and so I'm not making border runs. In this case would termination of employment (and reinstatement at the same company with a new contract) nullify my non-immigrant visa and leave me 24 hours to get a new company or leave the country?

Thanks,

JJ

"Your permission to stay is only affected if you are on an extension of permission to stay from Thai Immigration on the basis of employment.

If you obtained your Non Immigrant Type B visa overseas and are currently making 90 day border runs, then your passport stamp/visa is not affected by a termination of employment, but your work permit is cancelled."

As long as you have been working for the same company, in the same location, at the same job, for an uninterrupted period of time then I don't see a problem. You did say simultaneous renewal of contract. Contracts are renewed all the time, have not heard of any negative consequences.

[lopburi3]

LOL get your own topic buddy! Jokes, so is an extension of permission to stay where they extend your non-immigrant visa to 12 months?

That's what I have (12 months validy), along with a work permit and so I'm not making border runs. In this case would termination of employment (and reinstatement at the same company with a new contract) nullify my non-immigrant visa and leave me 24 hours to get a new company or leave the country?

Thanks,

JJ

"Your permission to stay is only affected if you are on an extension of permission to stay from Thai Immigration on the basis of employment.

If you obtained your Non Immigrant Type B visa overseas and are currently making 90 day border runs, then your passport stamp/visa is not affected by a termination of employment, but your work permit is cancelled."

When your reason for extension of stay ends your extension of stay ends and you must immediately leave (or obtain a new extension of stay if you qualify). They will provide 7 days for the normal TM.7/1,900 baht for those not otherwise qualified for extension of stay.

[opalhort]

I think the question to the OP is: how long is the gap between termination and reinstatement? If it is a few days I think he should get away with keeping quiet regarding WP and extension of stay. If the idle period exceeds one month then it would show in the tax and social security papers and can't be kept quiet.

Edit:

If of course the employer notifies the Labor department of the termination then he (OP) has to start with new WP and extension. The employer's cooperation is required to keep it quiet.

[Colabamumbai]

LOL get your own topic buddy! Jokes, so is an extension of permission to stay where they extend your non-immigrant visa to 12 months?

That's what I have (12 months validy), along with a work permit and so I'm not making border runs. In this case would termination of employment (and reinstatement at the same company with a new contract) nullify my non-immigrant visa and leave me 24 hours to get a new company or leave the country?

Thanks,

JJ

"Your permission to stay is only affected if you are on an extension of permission to stay from Thai Immigration on the basis of employment.

If you obtained your Non Immigrant Type B visa overseas and are currently making 90 day border runs, then your passport stamp/visa is not affected by a termination of employment, but your work permit is cancelled."

Well I think that some of the replies that I have received are also pertinent to your question, don't you. Bye the way did your boss pay the taxes from your salary and social security?