Work Permit Q

[enuff said]

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I seem to remember reading that, when an employer signs a WP at the MoL, one of the clauses states they must supply (as part of the last months salary payment) one-way transportation money so the employee can return to his country of origin.

Does anyone know about this? Is the WP paperwork available online?

cheers,

'nuff said

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[Mario2008]

You're the first one to report this. Never seen anything like it on my work permit forms.

[Colabamumbai]

My employer never had to go to the Labor Office to sign anything, a letter stating that he wanted to employ me was enough. No monies for transportation required.

[enuff said]

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It took a bit of bouncing around but, thanks to ThaiLaws.com, I found the relevant sections.

Section 1

This Act shall be called "Alien Working Act, B.E. 2551 (2008)"

Section 2

This Act shall come into force from the day following the date of its publication in the Government Gazette.

Section 3

The followings shall be repealed:

(1) Alien Working Act, B.E. 2521,

(2) Alien Working Act, (No.2), B.E. 2544.

(Sections 4 to 14 describing who must have a work permit.)

Section 15

Employees receiving Work Permits in accordance with Section 9, Section 11, Section 13 (1) and (2) and Section 14 exclusively the works prescribed under the Ministerial Regulation shall send in the money as contributions to the Fund as guarantees to cover the expenses in repatriating such employees out of the Kingdom which, in this respect, the employers shall have the duties to deduct such money from the employees' wages for contributing to the Fund.

The employees' amounts of money required to be contributed to the Fund, wage deductions, and the sending of the wages in to the Fund in accordance with paragraph one above shall be in accordance with the rules, procedures, schedules and rates prescribed under the Ministerial Regulation which, in this respect, such amounts and rates may be fixed differently for employees of each nationality by taking into account the expenses in repatriating employees of each nationality out of the Kingdom.

The provisions under paragraph one above shall not apply to employees having the Receipts in accordance with paragraph one of Section 16 herein which show that such employees have already sent the money in full amount in to the Fund or having Certificates in accordance with paragraph two of Section 16 and the employees where it appears in accordance with the evidences of the Registrar that they have already paid in the money in full amount to the Fund provided, however, that this shall be exclusively for the employees who have never received money back in accordance with Section 18 herein or have never been repatriated in accordance with Section 20.

Section 16

Once the employer has already sent in the wage of any employee to the Fund, the Registrar shall issue a Receipt to the employer and that, at least, the name and Serial Number of the employee whose wage has already been deducted, the amount of money having been sent in and the amount in arrears must be indicated on such Receipt and the employer shall give such Receipt to the employee for retention as an evidence.

When an employee's wage has been deducted for contribution to the Fund in full amount, the Registrar shall issue a Certificate to such employee as evidence.

In the case where the Certificate under paragraph two above has been lost or damaged, the employee shall have the right to request for a substitute from the Registrar.

An issuance of the Receipt under paragraph one, Certificate under paragraph two and a substitute under paragraph three above shall be in accordance with the format, rules and procedures prescribed under the Ministerial Regulation.

Section 17

An employer who fails to send in the wage to the Fund in accordance with Section 15 or sends in but not in full amount shall pay the surcharge at the rate of two percents (2%) per month of the unsent wage or the sent one but not in full amount.

Section 18

An employee leaving the Kingdom at his/her own expenses shall have the right to receive his/her wages deducted for contributions to the Fund back by submitting a request to the Registrar for the return of such wage at the Immigration Check-Point through which he/she has to pass to leave the Kingdom or forward a letter of notification to the Registrar requesting for the return of such wage.

On a request for the return of the wage under paragraph one above, the employee must attach the evidence specified under paragraph one of Section 16 above in the case where the money has not yet been sent to the Fund in full amount or evidence in accordance with paragraph one or paragraph two of Section 16 above in the case where the money has already been sent in to the Fund in full amount.

The Registrar shall have the duty to return the wage in accordance with paragraph one above to the employee within thirty days from the date of receiving the request or letter of notification requesting for the return of such wage, as the case may be. In the case where the registrar has returned the wage to the employee when such period has passed over, the Registrar shall return the money together with the interest at the rate of seven and a half percents (7.5%) per year from the date of the maturity of the thirty-day period until the date on which the Registrar has returned the money to the employee.

The return of wage and interest in accordance with this Section shall be made in cash or in check indicating name of the employee or by way of money transfer to bank account of the employee provided, however, that all these shall be carry out in accordance with the rules prescribed by the Director-General.

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Bearing in mind this is an English translation, I think it explains the duties of the employer and employee to insure that the employee is not penniless and unable finance his return to his own country at the end of the contract.

'nuff said

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[Soutpeel]

It certainly doesnt say the employer is responsible for one-way transport costs back to country of origin..

It says the employer is suppose to decuct money and pay into MOL of labour for possible repatriation from the employee's own salary, so in effect you are paying it yourself, but it does seem to suggest you can claim this this money back from the MOL.

[enuff said]

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Yes, yes, I know what it says.

BUT many schools just pay this themselves as part of hiring foreign teachers. And they don't want to go running down to the MoL every month with Kru Joe's 2000 baht to deposit.

Then it is offered as a "contract completion" or "year end bonus" or "resigning bonus" at the end of the term. This type of bonus is mentioned in many recruiting ads as an inducement. No mention is made of deducting it from the teacher's salary. It really WOULD'NT be a BONUS then, would it?

It is still the employers duty to see that it is paid regardless of where the money comes from.

'nuff said

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[Soutpeel]

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Yes, yes, I know what it says.

BUT many schools just pay this themselves as part of hiring foreign teachers. And they don't want to go running down to the MoL every month with Kru Joe's 2000 baht to deposit.

Then it is offered as a "contract completion" or "year end bonus" or "resigning bonus" at the end of the term. This type of bonus is mentioned in many recruiting ads as an inducement. No mention is made of deducting it from the teacher's salary. It really WOULD'NT be a BONUS then, would it?

It is still the employers duty to see that it is paid regardless of where the money comes from.

'nuff said

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Yo are all over the interpreting something into an English translation of portions of the Thai labour act......first of all you are saying its the employer obligation to pay to pay for a one way ticket to country of origin, now you are rambling on about bonus'

As regards making deductions from a salary for a year end bonus...have you never heard of a "13th" check ?....who do you think pays for that ?.....the employee......employer deducts "X" amount every money to reduce gross tax burden every month..and then pays it out as a year end bonus...

[TerryLH]

"BUT many schools just pay this themselves as part of hiring foreign teachers."

You say 'many', but can you name any that actually pay into this fund?

I think your 'bonus' theory is bogus because many get their bonuses without leaving the country. It appears that it's only available when leaving.

I don't think you'll find any schools who decided to just pay this themselves when they are not required to.

I remember when this first popped up, but I suspect that very few, if any, employers are actually doing this.