Wp Cancellation

[Letmeteach]

A few months ago I raised a question concerning the non competition laws within Thailand and many people were quite helpful and informative. ; i have a question concerning the cancellation of my work permit without going into to many details about what has happened since my last post and the extremely bitter/nasty fight that took place between me and the agency.

The agency gave me a 30 day notice on aug 26 with my last day being sept 26 via email. Does the agency have to notify when they will terminate my wp or is it safe to assume that they would had cancelled it on sept 26? For what's it worth I do have possession of my wp (which I paid for) and I am on a non immg B visa. I am currently looking for a new job and I would hate to start this process all over again.

On a slightly different topic my contract clearly states that I am entitled to 20 annual leave days. Article 67 of the Thai labor protection act of 1998 states "Section 67. When the boss terminates the employment of an employee, and the reason is not included among those listed under Section 119, the boss shall pay wages to the employee for the annual leave in the year of termination of employment in accordance with the ratio of annual leave which the employee is entitled to and including the accumulated annual leave under Section 30." I am entitled to be paid for those 20 days or should I just leave it alone?

All the best,

Lynn

[Soutpeel]

Are you on extension of stay for employment ?.....if so you would be on an overstay from the 27th.

[Letmeteach]

Are you on extension of stay for employment ?.....if so you would be on an overstay from the 27th.

What is an extension of stay? How does the cancellation of my wp affect my visa?

*Edit* my visa is due to expire next April

[Soutpeel]

Are you on extension of stay for employment ?.....if so you would be on an overstay from the 27th.

What is an extension of stay? How does the cancellation of my wp affect my visa?

*Edit* my visa is due to expire next April

Let me re-phrase the question this way....do you do a visa run every 3 months out of Thailand or do you do a 90 day report ? (ie you dont leave Thailand ?)

Dependent on your answer you visa could be affected, if you are on extension of stay, your WP/Visa are invalidated your last day of work and you have to be out the country within 24 hours or pay THB 1900 for a 7 day extension.

[Letmeteach]

Are you on extension of stay for employment ?.....if so you would be on an overstay from the 27th.

What is an extension of stay? How does the cancellation of my wp affect my visa?

*Edit* my visa is due to expire next April

Let me re-phrase the question this way....do you do a visa run every 3 months out of Thailand or do you do a 90 day report ? (ie you dont leave Thailand ?)

Dependent on your answer you visa could be affected, if you are on extension of stay, your WP/Visa are invalidated your last day of work and you have to be out the country within 24 hours or pay THB 1900 for a 7 day extension.

I report to immigration every 90 days in my province.

[Soutpeel]

Are you on extension of stay for employment ?.....if so you would be on an overstay from the 27th.

What is an extension of stay? How does the cancellation of my wp affect my visa?

*Edit* my visa is due to expire next April

Let me re-phrase the question this way....do you do a visa run every 3 months out of Thailand or do you do a 90 day report ? (ie you dont leave Thailand ?)

Dependent on your answer you visa could be affected, if you are on extension of stay, your WP/Visa are invalidated your last day of work and you have to be out the country within 24 hours or pay THB 1900 for a 7 day extension.

I report to immigration every 90s in my province.

On the basis of this this, it appears you are on an extension of stay, therefore if one assumes the company has cancelled your WP on 26th September, you are currently on an overstay...think its time to get on an plane and get out of dodge

[lopburi3]

In that case you were/are required to visit immigration with a copy of letter from employer terminating your employment and cancel that extension of stay. As you mention 30 day notice that would appear to be September 26 and every day since then is charged as 500 baht overstay so up to 4,000 baht as of today. An extension of stay ends the day the reason for that extension ends. If you are taking legal actions that could be a reason for a new extension of stay but you need to do something soon or risk larger fine.

[Letmeteach]

So that means that my work permit and non immigrant b visa are connected? If my wp is cancelled then my visa is terminated?

[lopburi3]

No - the connection is work - your extension is based on that - the day the work ends (your employment) is the day your extension of stay ends (regardless of return or non-return of any work permit).

[lopburi3]

If they did not provide you a letter to Immigration you may be able to use that, and just finding out, to your advantage if you meet with immigration and explain. At best you might be able to pay the 1,900 baht fee for 7 day extension and get there help to obtain letter. At worst have to leave and pay normal overstay fine. If you are planing to remain, as it seems, suspect it is to your advantage to try the legal path rather than just try to leave and hope for the best.

[Soutpeel]

If they did not provide you a letter to Immigration you may be able to use that, and just finding out, to your advantage if you meet with immigration and explain. At best you might be able to pay the 1,900 baht fee for 7 day extension and get there help to obtain letter. At worst have to leave and pay normal overstay fine. If you are planing to remain, as it seems, suspect it is to your advantage to try the legal path rather than just try to leave and hope for the best.

Obviously you need to do this sooner rather than later..

[Letmeteach]

Thank you for explaining that to my wife. I knew all along what must be done but she was adamant that I was wrong.

[Soutpeel]

Thank you for explaining that to my wife. I knew all along what must be done but she was adamant that I was wrong.

Of course your a husband you are always wrong....

She needs to get this sorted out soonest, every day the price is going up...