Leaving Current Employment But ..

[andy1308]

Hi guys ..

I will shortly be leaving my current job. I am aware of the need to relinquish my Work Permit and associated visa on the same day (and apply for the 7-day extension), however my company does not plan to pay me until the end of the month - some two weeks after I have left. Am I right in assuming I should hold on to my Work Permit and visa until I've been paid everything I am owed?

Thanks,

Andy1308.

[lopburi3]

Your extension of stay ends, if that is what you have, the day your work is finished so you should have letter to immigration from employer and either leave or obtain extension of stay for 7 days at that time. Perhaps firm intends to end your employment at the end of the month? Return of work permit would also be done then if required (not all require return from my understanding). What you have been paid has nothing to do with the extension of stay or work permit AFAIK. If there is going to be a delay you might want to get a 15 day border entry or 30 day air entry or tourist visa entry (depending on how long you intend to remain after last day of work).

[andy1308]

Your extension of stay ends, if that is what you have, the day your work is finished so you should have letter to immigration from employer and either leave or obtain extension of stay for 7 days at that time. Perhaps firm intends to end your employment at the end of the month? Return of work permit would also be done then if required (not all require return from my understanding). What you have been paid has nothing to do with the extension of stay or work permit AFAIK. If there is going to be a delay you might want to get a 15 day border entry or 30 day air entry or tourist visa entry (depending on how long you intend to remain after last day of work).

Thanks Lopburi3. My last day will be 16th of the month and my company requires that I surrender my WP on that day. I have no problems with that, and three days later I will be starting work outside Thailand. I just wanted to be clear that by giving up my WP I am not going to lose any legal rights to any outstanding payments.

Andy1308.

[KamnanT]

I just wanted to be clear that by giving up my WP I am not going to lose any legal rights to any outstanding payments.

Hanging on to your physical work permit won't give you any leverage with your employer, as the Labour Department no longer requires that they be returned for cancellation - they simply require that your employer notify them that your employment has been terminated. As a result, I would suggest that keeping your work permit might give your employer an excuse to withhold your final payment and would not benefit you in any way. If they do end up stiffing you, you can file a grievance with the Labour Department - they have a pretty good reputation for enforcing labour agreements for both Thais and foreigners.

[Mario2008]

Per above, there is no problem with giving up your WP and if they don't pay you can give it in the hands of the Thai labour office. They are there to help you and will even go to court for you. Most eployers won't let it come to that, as they know they will lose if there is no solid reason for not paying.