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Posted

My former employer is not being clear on my status of employment, work permit, or visa.. Here are the facts of my situation. I'm hoping someone can advise me on my best course of action.

In January, was informed by my Thai employer to shut down my office and go home. No advance notice.

  • Payment for January and February received.
  • Next payment due end of this month. I was told not to expect March payment.
  • Did my checkin at the onestop shop in Bangkok on Tuesday. Extension of stay granted through June 4 without incident.
  • I called employer today to ask about my status. They said they notified the BOI office on March 4th to cancel my Work Permit, and that I have to leave country by March 11th. They wanted to send a courier to pick up my Work Permit. I declined stating I need something in writing. Not going to give my WP to a motorcycle carrier. I did say I am happy to come in to discuss the situation.
  • I sill have no paperwork regarding my employment status nor have not signed anything. At the moment I've been paid current.
  • My work visa stamp and work permit do not expire to May 31. My next check is in June.

Okay, those are the facts of my case...

Here is what I hope to accomplish...

I have a new job that start in a few weeks.... Would like to transfer my WP to them, but don't know if I can based on what HR told me verbally over the phone.

If I can't do the transfer, I want to exit and come back on a double entry tourist visa.

My questions...

More important, how do I find my legal status for being in this country? Everything in my passport says I'm good to stay through May 31st, but the low level HR lady said I had through the March 11th and hasn't given me any paperwork.

What are my employment rights since I haven't signed anything or been given proper notice.... What are the rules?

How long do I have to stay after I cancel the permit... Does time begin on my last day of employment, or when they notiffy the visa office?

If the employer wanted to help me... what could they do legally to extend my time in the country since my permit is valid through May 31.

Finally, do I need an attorney?

Posted

Your extension of stay ends on date of termination of employment but for BOI one stop shop extensions you are allowed to stay 7 days to pack out.

Posted

Yeah, that appears to be the case..... Any way to get more than 7 days?

Just some things I don't understand...

How do calculate my last date of employement?

Last date paid? When they call BOI?

I haven't signed or received anything

When is the company required to report I'm no longer with the company?

So, sounds like I need to leave and come back on a double entry tourist. Do I have to bring anything to do that? I was told I have to cancel my work permit first, but I have no paperwork.

Posted

A tourist visa will not require anything but photos/money/form. They are not interested in your work permit as you can not work with such a visa. But a single entry seems to be more than enough if you plan to work again as it can cover up to 90 days and you can not work while on that entry.

Posted

Well, my employer just forwarded me a letter from the BOI office dated March 4, but it's not addressed to me and it doesn't say when i have to leave. My employer says I have 7 days, but they apparently don't have anything official either.

Posted

If BOI record of employment ending is March 4 believe it is standard that you need to be out of country on the 11th from previous reports on there policy. For those without BOI/One Stop you have to go to immigration the day your employment ends to cancel extension and immediately leave or apply for extension (where they provide the 7 days to leave for 1,900 baht).

Posted

Makes sense... So the letter came through OneStop.... Should I try going there to get an extension, or should I just leave the country? What do I need to take?

I'm not working now so a 90 day tourist visa would be fine. Where is the best place to go to do that. I'm in Bangkok. Can I do that here?

Thanks so much for your help.

Posted

You need to leave the coutnry by the 11th. You cannot get a tourist visa in Bangkok, you have to go to a neighbouring country and apply at the Thai embassy/consulate there.

Any neighbouring coutnry will do, but in cambodia it will take 4 days as opposed to 2 days in other countries.

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