leave a company without notice

[fry30]

Hi everyone,

I'm interested to work for a company here but their contract is abusive, I have to pay 12 months salary if ever I don't respect the contract, like looking for another company while working with them.

Now I would like to give a try but if ever I don't feel good with them could I leave without notice?

[54321]

I doubt any such contract would be legally enforceable, nor do I think anyone with any sense would agree to such vague terms

[fletchsmile]

Best to leave on good terms and do your bit to honour your side of the contract as best you can, regardless of how bad the employer is, and acts. You never know when you may need that employer again, particularly somewhere like Thailand, and the neighbouring countries where they can be sticklers for this document and that. I've had a few occasions where I've had to go back to companies here after leaving and get one piece of paperwork or another. It's a small world, and in BKK in particular you'll keep coming across your past when you least expect it.

That old saying of treating someone like a gentleman. Not because they are but because you are.

Cheers

Fletch

[fry30]

what about the business visa, can I still use it?

[fletchsmile]

what about the business visa, can I still use it?

That probably depends on the original purpose of your business visa, and how you are using your business visa at the moment.

Quite often business visas are for say up to 90 days. After that you extend based on work permit. Once you apply for an extension of stay based on a work permit for a particular company, then when the work permit is cancelled, your extension of stay gets cancelled too, and you get 24 hours to leave the country after cancelling, unless you apply for a 7 day extension.

eg In the past I came over on a business visa, applied for work permit, then later extension of stay based on work permit (once the visa expired). The work permit is valid only for that company, so when I left the visa gets cancelled too, and I'd 24 hours to either extend 7 days or apply for an extension under another reason (in my case I did based on marriage). In the past when single with no valid extension reason, it didn't seem worth it to extend for 7 days with all the admin, so I just went overseas and got another visa type

Cheers

Fletch

[N47HAN]

Good news is the labour law in Thailand is actually very very protective of employees rights.

One of which from experience I know to be enforced is that if an employee leaves an employer for whatev er reason it is without exception the employer Cannot stop the employee from working elsewhere (in effect denying an income).

It may be in the employment contract but it is unenforcable.

So take the job and dont' be worried about that clause.

It is used alot by employers to try to gain loyalty but again I assure you it is not enforcable legally.

Sent from my GT-N7100 using Thaivisa Connect Thailand mobile app

Edited August 22, 2014 by N47HAN

[N47HAN]

P.S I think an important note to add.

Just want to add to my thread , "from experience"

In the case im referring to I'm actually the Employer Not the Employee.

We had a non compete clause in the contract of 3 years from leaving the company .

This was to try and safegaurd our customer base and not let employees with access to it leave the company with this information and start up in competition.

One such employee did just this , so we took him to court.

It reached only the arbitration point where in no uncertain terms the company was told we could not deny that individual an income . I. E prevent him from working .

Thankfully for me , he was pretty inempt and we we lost less than 5% of our clients.

Sent from my GT-N7100 using Thaivisa Connect Thailand mobile app

[fry30]

Thanks a lot for all of your clear answers. I read again their contract translated in a bad English, they are not English or Thai, they also mention that if leaving without notice this would damaged the benefit of the company therefore the employee should pay for those damages.

It's getting worst, it's a mess, none of us know what is our exact duty, the boss is coming few days per week and shout after everyone, overtimes are not paid etc etc, overall they are very unprofessional and I know that if I give notice they will make a hell of my life for the remaining day, possibly not paying me for the last month. So I think I better to leave immediately, without asking anything. That's only a month that I'm working for them, I usually love my job but this time I can't sleep the night just thinking about all the problem they are making. By the way, some Thai persons resigned already.

[Soutpeel]

Thanks a lot for all of your clear answers. I read again their contract translated in a bad English, they are not English or Thai, they also mention that if leaving without notice this would damaged the benefit of the company therefore the employee should pay for those damages.

It's getting worst, it's a mess, none of us know what is our exact duty, the boss is coming few days per week and shout after everyone, overtimes are not paid etc etc, overall they are very unprofessional and I know that if I give notice they will make a hell of my life for the remaining day, possibly not paying me for the last month. So I think I better to leave immediately, without asking anything. That's only a month that I'm working for them, I usually love my job but this time I can't sleep the night just thinking about all the problem they are making. By the way, some Thai persons resigned already.

on this "leaving without notice and causing damages to the company"..... tell them to take you to court, provided you are not poaching clients from them, steal company information etc, and all you want to do is walk away... they can do sh*t to you, this is not enforceable, they have to prove tangible financial loss

if they are not paying OT and withholding payments, report them to the department of labour (DOL), you will get action from them, futher if they have already withheld payment from you, they have breached their own employment contract, you can walk without a notice period anytime you like, if you want out and are prepared to take the salary hit...you cant walk out the place right now.... there is not a thing they can do to you of course you will not get paid...

companies in Thailand try all the contractual BS, and very little of it is legally enforceable, even restraint of trade clauses, as you cannot be deprived of a livelyhood, if they want to invoke a restraint of trade clause they need to pay you out for the duration of the clause.

had a company try this on one me in another country, (not Thailand) and I did take it to court and the case lasted about 30 seconds in front of the magistrate, and he threw the companies lawyers out of his court for wasting his time...

[samran]

Simple rule of contracts. If something illegal is put into a contract it is still illegal and unenforceable.

Don't stress out too much. All of the advice you have been given here is spot on.

If worse comes to worse, invite them to take you to labour court, and then watch as they run a mile.

Edited August 25, 2014 by samran

[fry30]

That's very reassuring, actually there is nothing concerning the OT in the contract, the employee in office are not supposed to do OT but we always have to do some to be able to finish our work. Just saying that it doesn't make the contract very attractive.

Thanks a lot for your answers, I think I will run away and send an email to explain that I'm not fitting with the gulag mind of the company.

[Soutpeel]

That's very reassuring, actually there is nothing concerning the OT in the contract, the employee in office are not supposed to do OT but we always have to do some to be able to finish our work. Just saying that it doesn't make the contract very attractive.

Thanks a lot for your answers, I think I will run away and send an email to explain that I'm not fitting with the gulag mind of the company.

it doesnt matter whether OT is addressed in the contract or not, it is addressed in Thai labour law, you maybe entitled to OT.

[CWMcMurray]

Also as only working 1 month , shouldn't be an issue.. As normally will have a 90 day probationary period in most situations in Thailand.

If there is such a probationary period, either the employee or employer can end the relationship without any reason or recourse.

[bino]

what about the business visa, can I still use it?

If it is the original 90 day visa that you used to enter Thailand, it is still valid.

If you have an extension of stay granted for employment, the extension ends on the day that you stop working for the company.

[fry30]

Do I need to contact the employer or can I cancel visa and work permit by myself the day I leave?

[fry30]

I'm ready to leave this company, they didn't pay me yet and I guess they are withholding the payment, I just want get rid of them, that's only a month and it's a probation period.

I'm at my home already and I don't want to show up there, can I resign by email?

[Soutpeel]

I'm ready to leave this company, they didn't pay me yet and I guess they are withholding the payment, I just want get rid of them, that's only a month and it's a probation period.

I'm at my home already and I don't want to show up there, can I resign by email?

If you want to possibly loose any claim to the money they owe then yes, you can resign by email, although resigning and staying at home now doesnt mean you dont have a case that could be lodged with the DOL, but it could weaken your claim, as they the company will say is they are not paying you becasue you are not turning up for work.

but all you need to write is:

"This email serves to tender my resignation from XXXXXXX with immediate effect XX.XX.XX (date)

please confirm receipt of this email.

Regards"

if you wish you can give the reasons for your resignation as well

[fry30]

@Soutpeel thanks for your answer, I will send this email today.