sidjameson Posted May 28, 2013 Share Posted May 28, 2013 My Filipina friend was fired from job on April 25. The agency said her visa has not been cancelled. It expires Oct. She has new job to start July 1st. Her 90 day reporting is on June 4th. She is worried about reporting and thinks maybe doing a visa run to Laos is better option. She is very short on money and could do without the expense. Do you think reporting is a good idea? Better to do visa run? Link to comment Share on other sites More sharing options...
Thanyaburi Mac Posted May 28, 2013 Share Posted May 28, 2013 Work Permit issues, too?? Mac Link to comment Share on other sites More sharing options...
TerryLH Posted May 28, 2013 Share Posted May 28, 2013 If she has a visa that hasn't been extended, she's okay until it expires, and should do her 90 day report. If she is on an extension, it ends they day her job ends and she would be on overstay. In this case a visa run would be warranted. Link to comment Share on other sites More sharing options...
lopburi3 Posted May 28, 2013 Share Posted May 28, 2013 She is obviously on an employment extension of stay which ends the day employment ends (April 25) and she has been overstay since that date. She is the person who must cancel her extension of stay - not the employer - but they are required to provide her a letter for that purpose. If she were not going to work for another employer it might not be noticed but she is going to have to extend for a different place next time so it will be. Even a visa run may not solve her problems as it is likely to be found when she next applies for extension. I would have her try to get a letter of termination from former employer for current date and take that to immigration to cancel extension and then make Laos trip. If not she should have 20,000 baht available for overstay payment when found out. 1 Link to comment Share on other sites More sharing options...
merijn Posted May 28, 2013 Share Posted May 28, 2013 She is obviously on an employment extension of stay which ends the day employment ends (April 25) and she has been overstay since that date. She is the person who must cancel her extension of stay - not the employer - but they are required to provide her a letter for that purpose. If she were not going to work for another employer it might not be noticed but she is going to have to extend for a different place next time so it will be. Even a visa run may not solve her problems as it is likely to be found when she next applies for extension. I would have her try to get a letter of termination from former employer for current date and take that to immigration to cancel extension and then make Laos trip. If not she should have 20,000 baht available for overstay payment when found out. Correct it is person responsibility that their visa extension is cancelled at the immigration office on the day that he wp is cancelled. Failing to do so results in overstay and possible problems when applying for a new wp in the future. Link to comment Share on other sites More sharing options...
sidjameson Posted May 30, 2013 Author Share Posted May 30, 2013 Thanks for the good replies. The school she worked for, fired her and will not give her a letter. I think it is because they cheated her; by not paying her final months salary. It was a 'dont come in tomorrow situation.' The agency yesterday assured her the school hasnt cancelled the wp. What should she do? Link to comment Share on other sites More sharing options...
Dork Posted May 30, 2013 Share Posted May 30, 2013 Thanks for the good replies. The school she worked for, fired her and will not give her a letter. I think it is because they cheated her; by not paying her final months salary. It was a 'dont come in tomorrow situation.' The agency yesterday assured her the school hasnt cancelled the wp. What should she do? Go to the Labour department and tell them what happened. As long as there are no hidden issues, they will force her employer to pay. Not sure what they will do about the work permit problem but anyway they must be able to advise her what to do about immigration. Link to comment Share on other sites More sharing options...
sidjameson Posted May 30, 2013 Author Share Posted May 30, 2013 Any one know where the labour department is? Link to comment Share on other sites More sharing options...
lopburi3 Posted May 30, 2013 Share Posted May 30, 2013 Have you said where this friend is located? That has to be known to advise you. Link to comment Share on other sites More sharing options...
Soutpeel Posted May 30, 2013 Share Posted May 30, 2013 Have you said where this friend is located? That has to be known to advise you. His friend may also be entitled to severance pay as well as the last months money Link to comment Share on other sites More sharing options...
sidjameson Posted May 30, 2013 Author Share Posted May 30, 2013 The job was in Bangsaen, ( 2 hours from BK) gov school. She is now in Bangkok. Link to comment Share on other sites More sharing options...
sidjameson Posted May 30, 2013 Author Share Posted May 30, 2013 The school asked her to do a 40 hour teaching week during school holiday (summer camp) her contract says max of 30....something like that. She did a day, then went sick next day. Next day she did half day and said she will go hom...they fired her. Link to comment Share on other sites More sharing options...
Soutpeel Posted May 31, 2013 Share Posted May 31, 2013 The school asked her to do a 40 hour teaching week during school holiday (summer camp) her contract says max of 30....something like that. She did a day, then went sick next day. Next day she did half day and said she will go hom...they fired her. Based this she should talk to the labour department as it appears she has been dismissed unfairly and in contravention of the labour act, she would be entitled to any monies owed to her as well as possible severance, the is a defined process to terminate employment and it seems the school hasnt followed it, even taking a days sick is not grounds for dismissal...so her first stop is the DOL where here WP was issued, even if she doesnt have one, the DOL will look at her case and if there are grounds they can take the school to the labour court Link to comment Share on other sites More sharing options...
sidjameson Posted May 31, 2013 Author Share Posted May 31, 2013 Thanks for the useful info. Just checking...every ones comments about labour department is based on experience in thailand..not west. As of course TIT Also, my friend is nervous about going there now cuz she has been in thailand for a month or more after getting fired. What do you think they will make of that fact? Link to comment Share on other sites More sharing options...
sidjameson Posted May 31, 2013 Author Share Posted May 31, 2013 Also, her reporting comes up june 5...should do she do that first? And if so....go to chonburi (school was in Bangsaen) or bangkok..where she is now? Typical asian....leaves it all to last minute..lol Link to comment Share on other sites More sharing options...
Soutpeel Posted June 1, 2013 Share Posted June 1, 2013 Thanks for the useful info. Just checking...every ones comments about labour department is based on experience in thailand..not west. As of course TIT Also, my friend is nervous about going there now cuz she has been in thailand for a month or more after getting fired. What do you think they will make of that fact? Er no there not they based on comments about the Thai DOL..the Thai DOL is one of the better goverment departments and very much on on the side of the employee if you have a legimate claim against an employer It appears she is also an overstay, although the DOL will not care (they are not immigration) would be better getting the overstay sorted out before going to see the DOL, as if she does get stopped at some point by the police etc, she could find herself in jail because of the overstay. The longer she leaves this issue the less chance the DOL will take her case...so first...get the overstay sorted out and second go and see the DOL. 1 Link to comment Share on other sites More sharing options...
Soutpeel Posted June 1, 2013 Share Posted June 1, 2013 Also, her reporting comes up june 5...should do she do that first? And if so....go to chonburi (school was in Bangsaen) or bangkok..where she is now? Typical asian....leaves it all to last minute..lol Based on your OP..."Her 90 day reporting is on June 4th"...this infers she is on an extension of stay...if she is on extension of stay based on employment and she has been fired then she has been on an overstay for a month as your permission to stay is cancelled the last day at work... If this is the case she needs to stay the h*ll away from immigration, ie her 90 day report...they may lock her up...she needs to get to airport, pay the overstay and get out of dodge and come back on another visa, if this is the acutal case... My advice would be make very sure about her visa status before going anywhere near a local immigration office as it could turn out badly for her Link to comment Share on other sites More sharing options...
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