My Thai School Gave Me 0 Days Notice And I Have A Work Permit Valid Until October, What Can I Do ?

[bkkdawg]

Basically, there was a mass culling of foreign teachers at my school yesterday as they are relocating and don't need as many teachers for the next school year. I was told on the spot yesterday (the last day of school) that they would not be needing me for the next school year. However, they are not willing to pay me for the months of March and April which would have been the paid holiday, but I do have a work permit which is valid until October.

Upon hearing this, I immediately asked for a copy of my contract which I have misplaced. And, conveniently they couldn't find it in their filing. Too add to this, I received a phone call later that day from my employer who told me she had just cancelled my work permit.

What I really need to know is. Where do I stand legally, and do they have to pay me anything? I know I don't have the contract in my possession, but because I do (or did) have a work permit, to me, this suggests there must be a contract to have even got the work permit in the first place.

Any help would be much appreciated folks. Thank you!

[harrry]

Your permission to stay has gone too if it was on an extension. You will have to go to immigration to pay the fine for the extra days and ask for a 7 day extension to leave the country and get a new visa.

[lopburi3]

As said if you are on an extension of stay for work it ended on your last paid day of work and you are required to cancel your extension at immigration with a letter school should have provided. If on a 90 day visa entry that does not apply and you are free to remain. If you feel there are legal issues you can contact Labor and from many reports they will help - but without the contract you do not even know if you have a case. You might want to take that question to the teaching forum.

[Denizen]

A lot of Thai companies do this to ensure the farang does not hang around to take legal action.

If you don't have a copy of your contract you are done for.

However there are Thai laws concerning employment which may favor you. Thai labor department will give you an English language copy.

Just be warned that legal action could take years.

[wayned]

If you are on a visa extension that is tied to your work, your permission to stay is cancelled the day that the school cancelled your work permit, so you are on overstay at 500 baht/day. you can request and extension but will only get 7 days and the cost is 1900 baht. The labor department is usually very helpful in arbitrating labor disputes so you should contact them. If you don't have a copy of your contract there could be problems, but a copy was supplied to labor when you applied for your work permit. Good luck!

[joepattaya1961]

Instead of a labor contract, salary-payment-slips or monthly salary-payments in to your bank account may help.

This will prove that you have worked a certain amount of time for the same employer which will give right to you at least 30 days notice.

Of course.........labor will be able to help you, but the school is "closed" for 2 months and nobody is there to answer their questions.

So for now.......leave the country, get a tourist visa somewhere and return; find a new job and start all over again.

[puchooay]

Your work permit would have been extended/issued in conjunction with your contract date.

Labour office will have a copy of it as it is one of the documents needed to extend.

Go see to the labour office ASAP.

[Paul888]

I am not a teacher, and have no intention of ever becoming one and so I have no dog in this fight and I am not questioning what people have said is the case, but I have to say that to an outside observer it seems very unfair that this can happen and you are immediately placed on overstay.

I know you don't have the contract in your hand, but you must be able to get a copy of it from the Labor office and surely there is specific provision for holidays and also a notice period of some sort when it comes to termination?

You said that others were also affected not just yourself? It may be a good idea to join with them to resolve this.

Sorry forgot to wish you all the best of luck.

Edited March 2, 2013 by Paul888

[engrin]

Permission to stay is only cancelled if you show up at immigration

I exited at the Swamp 2 months after work permit being cancelled (never handed it in) without a problem..

[Neeranam]

Permission to stay is only cancelled if you show up at immigration

I exited at the Swamp 2 months after work permit being cancelled (never handed it in) without a problem..

Yes. Nobody has cancelled your visa. Only an immigration officer can change that.

The same happened to me once and people told me I had to leave the country within 7 days. My visa was for almost 1 year. I didn't go to immigration and 1 year later when I applied for another WP I had a 1500 baht fine.

Edited March 2, 2013 by Neeranam

[beano2274]

Permission to stay is only cancelled if you show up at immigration

I exited at the Swamp 2 months after work permit being cancelled (never handed it in) without a problem..

Yes. Nobody has cancelled your visa. Only an immigration officer can change that.

The same happened to me once and people told me I had to leave the country within 7 days. My visa was for almost 1 year. I didn't go to immigration and 1 year later when I applied for another WP I had a 1500 baht fine.

A visa is not cancelled automatically on losing your job, an extension is.

And if the op does what the other person says, then on the way to the airport you can be arrested and instead of flying out of Bangkok you will be up before the Judge and in IDC.

[IMA_FARANG]

As otheres are trying to point out, your current status as to overstay bepends if you are still on a VISA (the one that got you into the country0 or if you are om and EXTENSION of that visa.

If your visa is expired, and you are on an extension of that visa and a Work Permit, your extension and work permit expires the day you quit or are fred/terminated.\and your former employer notified the Labor department you were no longer working for them.

If you had a visa and it is still valid (it is not past it's expiration date) that is a different story.

Your employer can not cancel your visa but they can cancel your Work Permit ... and that ends any extension of your visa you recieved for being employed.

So, for example, if you recieved a one year visa in November 2011, it is valid until November 2012.

Now if in that time time you began working and had your visa extended to November 2013 based on enployment when you are no longer working in Februaby 2013 you extension ends with your last day of employment.

Once you stop wotking, and your company turns in your Work Permit ... you must leave country and get another visa to return.

If that happens, and you have contract complaints (i.e. non payment of bonus or such) go immeadiately to the labor department and lodge your complaint.

Br a bit of a hard-ass about it. The 3 things you should always have a copy of are

1. Your visa/passport.

2. Your Work permit

3, Your contract,

They are your protection.

[Colabamumbai]

Name of school please....Not Kalasin Pittayasan by any chance? They are doing that now, worked there 2 years ago and spoke to a teacher there yesterday, much the same problem as you after 4 years they don't want to pay him 45,000 Baht a month.

[bibide]

I had a somewhat similar situation. Essentially, canceled work permit, but didn't cancel the extension. I was on "technical" overstay for about 5 months. I left the country with no issue. At the airport, it seems they just checked that the extension hadn't expired, gave me an exit stamp, and sent me on my way.

However, I'm not sure if I'll be hit with the overstay fine or not when/if I return to visit. Anywho, max fine isn't that excessive, being just 20,000 baht.

You can read about my situation here: http://www.thaivisa.com/forum/topic/615142-canceled-work-permit-but-didnt-cancel-visa-extension/

Hope it helps, and as always: YMMV.