company asked me to resign

[smartconsulting]

You have to go to immigration on your last day of work or you are on overstay.

That comment is complete false information.

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[harrry]

You have to go to immigration on your last day of work or you are on overstay.

That comment is complete false information.

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No it is not. If you do not go on that day or leave the country on that day you are on overstay and will be charged an overstay fine until you extend your extension. It is the same day you finish work. Where is your source it is misinformation not so smartconsulting.

Edited November 20, 2013 by harrry

[smartconsulting]

You have to go to immigration on your last day of work or you are on overstay.

That comment is complete false information.

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No it is not. If you do not go on that day or leave the country on that day you are on overstay and will be charged an overstay fine until you extend your extension. It is the same day you finish work. Where is your source it is misinformation not so smartconsulting.

Straight from our immigration lawyer you need to get a letter and whatever date is on that letter you take it to immigration and they will give you an new extension of stay for 7 days. So only a stupid person would arrange the letter for the same day as your last day. The letter should be dated on an agreed upon day after your last working day. Your last working day is spent in the office. If you are being paid for your last day then most if not all employers will require you in the office. In the ops case since his last day falls on Dec 31st he should get a letter dated January 3rd when immigration reopens after the holiday to avoid any overstay fines. If you are going to throw information like that on your post don't be so brief. You should have been more specific and detailed to help the op.

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Edited November 20, 2013 by smartconsulting

[fry30]

no problem I will clarify this with my agency, I think they will give me all the details. Do you think there is any problem to obtain a tourist visa after working in Thailand?

[smartconsulting]

no problem I will clarify this with my agency, I think they will give me all the details. Do you think there is any problem to obtain a tourist visa after working in Thailand?

The tourist visa is the easy part. The difficult thing is to get the letter with an appropriate date to give you enough time to go to immigration and apply for your 7 day extension of stay. Then you need to do a visa run to Cambodia or Laos. Cambodia will give you 30 days now when you re enter, not 15 like before. Laos on the other hand will give you the same 30 days on re entry but you can also apply for a double entry tourist visa at the local Thai embassy in Vietenne.

As far as I know you cannot apply for a tourist visa inside Thailand but only the seven day extension of stay. If you need any more help I can ask our lawyer for you. Cheers mate!

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Edited November 20, 2013 by smartconsulting

[smartconsulting]

BTW what work do you do?

Edited November 20, 2013 by smartconsulting

[edwardandtubs]

It sounds like a total scam. OP is clearly entitled to severance pay and the employer would have no reason to be scared of being sued if they paid it. OP doesn't even have to go to the Labour Court - he could go to his local Office of Labour Protection who can order the employer to pay up (although they may make something up to force a court case). Even if it went to the Labour Court there would be no need for lawyers (as has been mentioned). The only problem is it can take many years if the employer wants to cause problems.

Why really would they want you to resign if you're not in fact resigning? The only reason would be to avoid paying you severance pay.

[Soutpeel]

I hope the OP has a proper work permit and visa or he does not have a leg to stand on!

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Why ? The labour court does not care whether you have a WP or not, in fact there was a case reported on TV some years back where a farang hotel employee without a wp took the former employer to the labour court over severance and we won the case

[tango]

Just a couple of added points:

1. Before you leave make sure you continue your Thai social security health coverage. Then pay out of pocket the miniscule monthly amount to ensure you are covered. Many farang fail to do this mainly because they never realized they could.

2. If you are on a Non-Imm B visa you can automtically get an additional three months by crossing a border and then immediately turning around and entering Thailand. Again, many farang fail to do this mainly because they never realized they could.

Good Luck,

Been there, sorta done that

[smartconsulting]

Just a couple of added points:

1. Before you leave make sure you continue your Thai social security health coverage. Then pay out of pocket the miniscule monthly amount to ensure you are covered. Many farang fail to do this mainly because they never realized they could.

2. If you are on a Non-Imm B visa you can automtically get an additional three months by crossing a border and then immediately turning around and entering Thailand. Again, many farang fail to do this mainly because they never realized they could.

Good Luck,

Been there, sorta done that

not true because if the work permit is cancelled then the visa is now void

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[Spoonman]

Just a couple of added points:

1. Before you leave make sure you continue your Thai social security health coverage. Then pay out of pocket the miniscule monthly amount to ensure you are covered. Many farang fail to do this mainly because they never realized they could.

2. If you are on a Non-Imm B visa you can automtically get an additional three months by crossing a border and then immediately turning around and entering Thailand. Again, many farang fail to do this mainly because they never realized they could.

Good Luck,

Been there, sorta done that

not true because if the work permit is cancelled then the visa is now void

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Not true, visa would still be valid (provided it has not expired), permission to stay extension based on employment would be void though.

[wooloomooloo]

Good advice on the visa front, but, beyond that and, as I previously advised, you have little choice but to sign the resignation letter, OP. Get on with it and take it from there.

[smartconsulting]

Just a couple of added points:

1. Before you leave make sure you continue your Thai social security health coverage. Then pay out of pocket the miniscule monthly amount to ensure you are covered. Many farang fail to do this mainly because they never realized they could.

2. If you are on a Non-Imm B visa you can automtically get an additional three months by crossing a border and then immediately turning around and entering Thailand. Again, many farang fail to do this mainly because they never realized they could.

Good Luck,

Been there, sorta done that

not true because if the work permit is cancelled then the visa is now void

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Not true, visa would still be valid (provided it has not expired), permission to stay extension based on employment would be void though.

Sorry but on your last day of work you need to receive a letter and on the date the letter was dated you need to go to immigration and they will dive you an extension of stay for seven days. If you don't do this then over stay. There is no valid visa after the letter has been issued.

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[Spoonman]

Just a couple of added points:

1. Before you leave make sure you continue your Thai social security health coverage. Then pay out of pocket the miniscule monthly amount to ensure you are covered. Many farang fail to do this mainly because they never realized they could.

2. If you are on a Non-Imm B visa you can automtically get an additional three months by crossing a border and then immediately turning around and entering Thailand. Again, many farang fail to do this mainly because they never realized they could.

Good Luck,

Been there, sorta done that

not true because if the work permit is cancelled then the visa is now void

Sent from my iPad using Thaivisa Connect Thailand mobile app

Not true, visa would still be valid (provided it has not expired), permission to stay extension based on employment would be void though.

Sorry but on your last day of work you need to receive a letter and on the date the letter was dated you need to go to immigration and they will dive you an extension of stay for seven days. If you don't do this then over stay. There is no valid visa after the letter has been issued.

Sent from my iPad using Thaivisa Connect Thailand mobile app

Please educate yourself on the difference between a visa and an extension of stay based on employment.

[Soutpeel]

Just a couple of added points:

1. Before you leave make sure you continue your Thai social security health coverage. Then pay out of pocket the miniscule monthly amount to ensure you are covered. Many farang fail to do this mainly because they never realized they could.

2. If you are on a Non-Imm B visa you can automtically get an additional three months by crossing a border and then immediately turning around and entering Thailand. Again, many farang fail to do this mainly because they never realized they could.

Good Luck,

Been there, sorta done that

not true because if the work permit is cancelled then the visa is now void

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Can I suggest you educate yourself on the differences between being on a visa and an extension of stay BTW will give you a little clue an extension of stay is not visa

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[Soutpeel]

 

 

 

Just a couple of added points:

1. Before you leave make sure you continue your Thai social security health coverage. Then pay out of pocket the miniscule monthly amount to ensure you are covered. Many farang fail to do this mainly because they never realized they could.

2. If you are on a Non-Imm B visa you can automtically get an additional three months by crossing a border and then immediately turning around and entering Thailand. Again, many farang fail to do this mainly because they never realized they could.

Good Luck,

Been there, sorta done that

not true because if the work permit is cancelled then the visa is now void

Sent from my iPad using Thaivisa Connect Thailand mobile app

 

Not true, visa would still be valid (provided it has not expired), permission to stay extension based on employment would be void though.

 

Sorry but on your last day of work you need to receive a letter and on the date the letter was dated you need to go to immigration and they will dive you an extension of stay for seven days. If you don't do this then over stay. There is no valid visa after the letter has been issued.

Sent from my iPad using Thaivisa Connect Thailand mobile app

 

 

Please educate yourself on the difference between a visa and an extension of stay based on employment.

 

Sorry mate see you wrote a similar thing as I did before I did LOL ....but the fact still remains Mr smarty pants consulting don't know what he is taking about

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[Soutpeel]

Just a couple of added points:

1. Before you leave make sure you continue your Thai social security health coverage. Then pay out of pocket the miniscule monthly amount to ensure you are covered. Many farang fail to do this mainly because they never realized they could.

2. If you are on a Non-Imm B visa you can automtically get an additional three months by crossing a border and then immediately turning around and entering Thailand. Again, many farang fail to do this mainly because they never realized they could.

Good Luck,

Been there, sorta done that

not true because if the work permit is cancelled then the visa is now void

Sent from my iPad using Thaivisa Connect Thailand mobile app

Not true, visa would still be valid (provided it has not expired), permission to stay extension based on employment would be void though.

Sorry but on your last day of work you need to receive a letter and on the date the letter was dated you need to go to immigration and they will dive you an extension of stay for seven days. If you don't do this then over stay. There is no valid visa after the letter has been issued.

Sent from my iPad using Thaivisa Connect Thailand mobile app

Ding ding wrong again

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[fry30]

My agency sent me a scan of a letter stating I will receive 3 months' severance pay signed by their manager. I sent several emails asking this letter and specifying that they are agree to give me severance despite resigning. I also record a conversation with a HR.

I suppose it's enough, I don't see what more I could ask, except to sign with their blood. Maybe if the letter was clearly stating that they are giving me the severance despite resigning, on the letter there is no mention of this.

I believe I can sign my resignation now.

[isawasnake]

What about telling them you will resign in 3 months after receiving the pay. I personally feel there is something that is not right with your situation. It should definitely say you will get 3 months, despite your resigning, in the letter. I would insist on that. It would only take 2 minutes at a word processor. If they wont do that, then you will know they are "bluffing".

[wooloomooloo]

What about telling them you will resign in 3 months after receiving the pay. I personally feel there is something that is not right with your situation. It should definitely say you will get 3 months, despite your resigning, in the letter. I would insist on that. It would only take 2 minutes at a word processor. If they wont do that, then you will know they are "bluffing".

The OP has already stated that he has, in his possession, a signed letter that he will receive three-months severance.

Please don't confuse matters with inane ramblings about resigning after a further three-months employment. This is quite ridiculous.

[isawasnake]

The most ridiculous thing in this thread is the fact that he thinks he is going to get that severance after resigning. The rules here are set up to help people who are fired. This would probably go to court, without help from the ministry of labor (because he resigned), and will end...... we all know how. I am sure this place has done this before. If I am wrong, I am sorry, but that is how I see it.

Don't get me wrong though, I'd sign the letter for even a slight chance at 3 months pay for nothing. That is for sure.

[fry30]

I will ask to my colleagues if they know some previous employees who were in the same situation than me.

I'm not very confident but I have a letter from my agency stating that they will pay the 3 months' severance, I also sent many emails asking to confirm that I will receive severance despite resigning, they answered to my email by sending the scan of the severance letter. I even have a videotape of a conversation where I ask when I will receive my severance despite resigning and some other things.

If ever they would not pay me, do you think all this would have no value in a court?

[meand]

Thai courtroom:

Farang standing there with his hand out, asking Thais for 3 months salary after resigning.

Personally, I think it is a good move to take the deal, but would not be surprised if they did not pay up. Then, do you really want to go to court? You may lose, you may win? Would it even be worth it considering fees? I would not even be thinking about court. If they did not pay I'd call it quits, which is probably what they want, which is probably why they are doing all of this.

[jpinx]

to the OP -- ask your agency to arrange for the CASH to be on the desk beside the letter you will sign. There is no other way you are guaranteed payment.

[fry30]

I didn't ask the 3 months' severance pay, that's my company who asked me to resign and offer me the 3 months pay, so I would not call it "quit" if they don't respect their proposal/offer.

Now it seems that going against their will could put me in a even more delicate position. I'm trying to get as much garantee as possible that they will respect "their deal"

Asking to put the money on the table would be like to ask my salary in advance or in the middle of the month. I can't push too much.

[meand]

Well, resigning pretty much is quitting. Whether they coaxed you into it or not, it is the same thing - ie you quitting. Again, you quitting based on a severance package is a very dubious proposition here in Thailand. That does not mean you should not take it of course. Your alternative sounds like it would be to be stuck at a place that doesn't want you, or perhaps they would fire (something they are trying to avoid, I wonder why -- that is the big question here) you and you really would get the severance.

[fry30]

I found this very suspicious too but it could be an easier way to get rid of me, less paper work and probably a better record for them. There is a lot of in and out on this new project, I was working for the same company on the same yard but for another project and all was perfectly fine, since almost a year I'm here on this new project I saw around 30 people leaving.

I'm quite meticulous in my job and I didn't receive any complaint, until 2 weeks ago where the deputy manager pretend that I have a problem of communication, I believe that's just an excuse to cover the very late reports from our sub-contractor and all the poor results they have shown. Possibly he used this as an excuse to our client, can't change the sub-contractor but can get rid of me, there is a lot of political agreement and money under the table so anything is possible.

It could be a hint of why they prefer people to resign than to terminate them, I didn't badly performed my job and I have a good relation with almost everyone but probably they need a scapegoat, they actually need a lot of scapegoats seeing how the project is going on.

[Khun Jean]

I would take it because the 'recommendation letter'. That is worth a lot when you are looking for your next job.

The severance pay is just 'extra'. You have your 'guarantees' in place.

I think the deal is good.

[fry30]

I asked when they would pay my severance and my agency told me that it would be pay at the same time than my last salary, so I ask if it would be as usual the 31 of the month and they answer that it would not be this day as they need my timesheet. I concluded that she was actually speaking about my overtime and asked what was the relation between my timesheet and my severance pay, that the amount of my severance was already clearly state in the letter so they have no reason to delay the payment.

Answer to this was that usually they do like this and other contractors are not making issues like me but they would try to see with their accountant if I could receive it the last day of work.

Now I'm very curious to know who was all those other contractors.

I'm ready to sign, I believe that with all the emails, record and the letter I should be able to force them to respect their deal.

[Spoonman]

I asked when they would pay my severance and my agency told me that it would be pay at the same time than my last salary, so I ask if it would be as usual the 31 of the month and they answer that it would not be this day as they need my timesheet. I concluded that she was actually speaking about my overtime and asked what was the relation between my timesheet and my severance pay, that the amount of my severance was already clearly state in the letter so they have no reason to delay the payment.

Answer to this was that usually they do like this and other contractors are not making issues like me but they would try to see with their accountant if I could receive it the last day of work.

Now I'm very curious to know who was all those other contractors.

I'm ready to sign, I believe that with all the emails, record and the letter I should be able to force them to respect their deal.

Tell them you will waive all overtime owed (I assume it is not a substantial amount) and that on the 31st you expect 4 times your base salary in your bank account or the deal is off.