Resignation / Termination Laws

[YTP]

Hi all,

I did a search without finding a clear answer, also dug through those Sunbelt Asia articles posted at the top to no avail.

I'd like to know what is required of the employer and employee in the following situations:

- the employee resigns (ex. submit letter of resignation, give 2 weeks notice, or forfeit 2 weeks pay)

- the employer terminates the employee (ex. issues letter of termination, give 2 weeks notice, or 2 weeks severance)

Also, if I resign, and the company supporting my visa cancels it and my work permit, what happens? I think someone mentioned that I have to leave within 24 hours (?!). Someone else suggested that my visa reverts to a tourist one in which I have 15 days (or 30, based on arrival) to figure out what to do next.

Basically, I've been given a great job offer elsewhere (in another province of Thailand) that I'm sure won't wait forever, and I'm wondering what the consequences are of quitting my current one.

I sincerely appreciate your advice.

[lopburi3]

If on extension of stay it ends the day work ends and you must cancel it, depart within 24 hours or extend for 7 days.

[YTP]

If on extension of stay it ends the day work ends and you must cancel it, depart within 24 hours or extend for 7 days.

Hmmm OK thanks I was afraid of that.

So, I cannot go from:

Non-O B (Work Permit w/Company A) ----------> Non-O B (Work Permit w/Company B )

while remaining in Thailand, unless I buy 7-day extension, and... ? It takes much more time 7 days to renew my WP with a new company, no?

It seems I have no choice but to exit Thailand and go from:

Non-O B (Work Permit w/Company A) ----------> Tourist ----------> Non-O B (Work Permit w/Company B )

... correct?

OK. Anyone have any info about resignation and termination then? Advance notice and salary forfeiture/hold... ?

Thanks... as you can see this is my first go at this. ^^

[wayned]

If you have a work permit, you must have a employment contract. My contract clearly stated 30 days written notice from either party. When I left I was paid up to and including the last work day, but I was not paid until the next normal pay day.

[digitalchromakey]

If on extension of stay it ends the day work ends and you must cancel it, depart within 24 hours or extend for 7 days.

Hmmm OK thanks I was afraid of that.

So, I cannot go from:

Non-O B (Work Permit w/Company A) ----------> Non-O B (Work Permit w/Company B )

while remaining in Thailand, unless I buy 7-day extension, and... ? It takes much more time 7 days to renew my WP with a new company, no?

It seems I have no choice but to exit Thailand and go from:

Non-O B (Work Permit w/Company A) ----------> Tourist ----------> Non-O B (Work Permit w/Company B )

... correct?

OK. Anyone have any info about resignation and termination then? Advance notice and salary forfeiture/hold... ?

Thanks... as you can see this is my first go at this. ^^

If you are on a non immigrant visa (border stamp every 90 days), then your visa status/entry stamp is unaffected by leaving employment and your non immigrant B stamp/visa will be good for your next WP application.

It is however as Lopburi posted if you are on a visa extension (on the basis of Employment in the Kingdom of Thailand ) from Thai immigration that your entry is invalid as soon as you leave your job. Sometimes you can make an arrangement with your new employer to file a WP application whilst you are on notice, so you can get the new WP and reapply for an extension as soon as you leave your current employment.

[digitalchromakey]

If on extension of stay it ends the day work ends and you must cancel it, depart within 24 hours or extend for 7 days.

Hmmm OK thanks I was afraid of that.

So, I cannot go from:

Non-O B (Work Permit w/Company A) ----------> Non-O B (Work Permit w/Company B )

while remaining in Thailand, unless I buy 7-day extension, and... ? It takes much more time 7 days to renew my WP with a new company, no?

It seems I have no choice but to exit Thailand and go from:

Non-O B (Work Permit w/Company A) ----------> Tourist ----------> Non-O B (Work Permit w/Company B )

... correct?

OK. Anyone have any info about resignation and termination then? Advance notice and salary forfeiture/hold... ?

Thanks... as you can see this is my first go at this. ^^

If you are on a non immigrant visa (border stamp every 90 days), then your visa status/entry stamp is unaffected by leaving employment and your non immigrant B stamp/visa will be good for your next WP application.

It is however as Lopburi posted if you are on a visa extension (on the basis of Employment in the Kingdom of Thailand ) from Thai immigration that your entry is invalid as soon as you leave your job. Sometimes you can make an arrangement with your new employer to file a WP application whilst you are on notice, so you can get the new WP and reapply for an extension as soon as you leave your current employment.

Also as your new Job Opportunity is in a differnet province, if you are on an extension then there's nothing to stop you applying for the new WP with your new employer's support (as WPs are province specific) and then resigning from your currecnt job and applying for a new extension in your new province once you have your new WP.

[Mario2008]

Are you sure? The work permit is in a national database, which labour will check before giving a WP. THey might allow him to apply and proces his documents, but i'm not sure that they will issue a new WP as long as he has his old WP.

I'm just curious here, don't have any knowledge about this.

[Spoonman]

It seems I have no choice but to exit Thailand and go from:

Non-O B (Work Permit w/Company A) ----------> Tourist ----------> Non-O B (Work Permit w/Company B )

... correct?

You need to get both tourist and non-O/B out of country. ask new employer to provide you the paper work to get the non-o/b and skip the tourist.