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Void visa? Illegal employment

Dalesh
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Dalesh Rookie Member

Dalesh

Posted
Posted

Can someone confirm to me... If I had a non- b visa would there be a visa slip in my passport and stamp all attached in my passport? And would I have had to personally have gone into immigration with my passport to make the visa valid?

& if I have not got a non B or work permit in my passport, but a tourist visa? are the school illegally employing me?

I am currently working at a school, 3 days in and I'm bound by a horrific contact stating massive early termination penalties etc! And I would like to remove myself from this horrible situation as they have also breached my contract in terms of job role not matching what I am doing

Thank you everyone for the advice

  • Like 1
paz Ruby Member

paz

Posted
Posted

Can someone confirm to me... If I had a non- b visa would there be a visa slip in my passport and stamp all attached in my passport? And would I have had to personally have gone into immigration with my passport to make the visa valid?

& if I have not got a non B or work permit in my passport, but a tourist visa? are the school illegally employing me?

Yes it seems you have been illegally employed. I recommend that you collect any money due and consider terminate the job as soon as possible. I would also avoid signing anything to the effect that you have been working, to not let anyone using that against you.

Dalesh Rookie Member

Dalesh

Posted
  • Author
Posted

Yes, so I could extend my tourist visa (so there would be enough time on it) for me to get the working one,

Would there be a stamp if I had any type of working visa? In my passport

paz Ruby Member

paz

Posted
Posted

To be working legally, you would need to have in your passport either a non-imm "B" visa, or an extension of stay for employment, plus a work permit, that is a separate document.



It's quite normal for some schools to not support teachers to get either one. Note that is your responsibility to be working legally, plus getting all the documents required, the school do not suffer much consequence if they employ someone illegally.



If you breach the contract they could in theory seek compensation, with all the ifs of the case. You can also file complains to the labour office, no matter if you are working illegally, but the very best would be to just end the matter amicably.


Dalesh Rookie Member

Dalesh

Posted
  • Author
Posted

"If you breach the contract they could in theory seek compensation"

Does this still apply even though I'm working illegally? As I don't have either non b or WP visa, would this not make the contract void?

Thanks

paz Ruby Member

paz

Posted
Posted

"If you breach the contract they could in theory seek compensation"

Does this still apply even though I'm working illegally? As I don't have either non b or WP visa, would this not make the contract void?

Thanks

No it doesn't make it void. As mentioned above both parties still can seek compensation. However consider that from reports, the labor office tends to side with the worker in most cases.

scorecard Star Member

scorecard

Posted
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Paz, if I just left could they enforce anything against me? The termination penalties/not working my notice period?

Do you have the work permit (separate dark blue covered small book) in your possession?

Have you ever seen it?

casualbiker Platinum Member

casualbiker

Posted
Posted

"If you breach the contract they could in theory seek compensation"

Does this still apply even though I'm working illegally? As I don't have either non b or WP visa, would this not make the contract void?

Thanks

Yes and no. If paperwork has been signed and put into the labour department that would suffice until Visa and Wp sorted. If not then up to you. What you want to do. Unlikely that anything will come of it!

brianp0803 Silver Member

brianp0803

Posted
Posted

Could he just refuse to work until the work permit is issued without breaking the contract?

How can the school insist he work without a work permit and ask for penalty for refusing?

Can they require him to pay to extend his tourist visa?

If he misplaced his passport, is this a breach of contract?

If he is late to work and does unsatisfactory work and they terminate him under the probation do they still owe him for time worked.

No penalty?

Dalesh Rookie Member

Dalesh

Posted
  • Author
Posted

Are the school trying to get you the visa extension and Wp. You would know as it entails copies of your passport and many signed documents?

Yes this process has started and they have made copies and Iv signed photo copies of my university certificates etc, but Iv not gone to the immigration to pay for the visa. Could they do this on my behalf?
paz Ruby Member

paz

Posted
Posted

Could he just refuse to work until the work permit is issued without breaking the contract?

Of course.

How can the school insist he work without a work permit and ask for penalty for refusing?

They "can" because many people accepts a job at any condition. Then after some time the foreigner begins to understand that isn't worth it. At that point they will get somebody else, there is very many willing. Based on that you can imagine the answer about your other considerations.

brianp0803 Silver Member

brianp0803

Posted
Posted

He is currently on a tourist visa but the school wants him to pay himself to extend the tourist visa to allow time to convert it to a non-b visa.

If the school has applied at the labor board already, could the tourist visa extension and conversion to non-b be done at the same time.

Is applying at the labor board whole on tourist visa authorize legal working?

Upon receiving non-b but not yet receiving work permit is it legal to work?

paz Ruby Member

paz

Posted
Posted

He is currently on a tourist visa but the school wants him to pay himself to extend the tourist visa to allow time to convert it to a non-b visa.

Normal case for low pay jobs

If the school has applied at the labor board already, could the tourist visa extension and conversion to non-b be done at the same time.

No. Beside, the the conversion to non-imm 'B' is rarely done, and for sure not at a local office. People simply have to leave country the country to get their visa.

Is applying at the labor board whole on tourist visa authorize legal working?

Upon receiving non-b but not yet receiving work permit is it legal to work?

Not legal in both cases.

paz Ruby Member

paz

Posted
Posted

Are the school trying to get you the visa extension and Wp. You would know as it entails copies of your passport and many signed documents?

Yes this process has started and they have made copies and Iv signed photo copies of my university certificates etc, but Iv not gone to the immigration to pay for the visa. Could they do this on my behalf?

That is about the 30 days torist extension, for which you need to be present. The stamp is placed on your passport, that hopefully is in your possession.

And, to get the non-imm 'B' visa you will need to leave country, or get it by conversion in Bangkok or the office that does it in your region.

Colabamumbai Platinum Member

Colabamumbai

Posted
Posted

He needs a letter from the Labor Office stating his Work Permit is being processed in order to get a Non B Visa in surrounding countries. Many labor office will not issue a Work Permit before the see a Non B, and many consulates will not issue a Non B without a receipt for, and or the actual Work Permit and now the most recent rule, a letter from the head of your local Labor Office.

  • Like 1
brianp0803 Silver Member

brianp0803

Posted
Posted

At my current school and previous school, teachers routinely take their passport with a tourist visa from Laos(with 30 days remaining), along with their paperwork( from the labor board and school contract) and get a 3 month Non-b here in Bkk. I believe the fee is about 1900 baht.

No need to leave the country.

I have a stamp (not full page sticker) in my passport that says Non-B.

paz Ruby Member

paz

Posted
Posted

At my current school and previous school, teachers routinely take their passport with a tourist visa from Laos(with 30 days remaining), along with their paperwork( from the labor board and school contract) and get a 3 month Non-b here in Bkk. I believe the fee is about 1900 baht.

No need to leave the country.

That is now doable at regional offices too

http://www.thaivisa.com/forum/topic/772236-new-locations-for-obtaining-non-immigrant-visas-based-upon-working-and-etc/

Fee Bt 2,000.

brianp0803 Silver Member

brianp0803

Posted
Posted

At my current school and previous school, teachers routinely take their passport with a tourist visa from Laos(with 30 days remaining), along with their paperwork( from the labor board and school contract) and get a 3 month Non-b here in Bkk. I believe the fee is about 1900 baht.

No need to leave the country.

That is now doable at regional offices too

http://www.thaivisa.com/forum/topic/772236-new-locations-for-obtaining-non-immigrant-visas-based-upon-working-and-etc/

Fee Bt 2,000.

Thank you.

This explains why I was able to do it in bkk 5 years ago when I see repeated post about necessary to leave the country.

It has been available in bkk for a long time but only recently available in other areas.

With most things on computers it would seem everyplace would have the same rules but obviously that is not always true.

paz Ruby Member

paz

Posted
Posted

This explains why I was able to do it in bkk 5 years ago when I see repeated post about necessary to leave the country.

Leaving country is more practical in most cases because the visa conversion may require two visits spaced by 15 days, that going by law are lost for working.

mikecat Senior Member

mikecat

Posted
Posted

A little bit off topic but I dont understand why you are working as an assistant teacher, especially in this place when you have a University degree. You could find a teaching job easily with a degree.

If you dont have a big 3 month Thai visa with non B on it in your passport or a stamp giving you an extension then you will not have the correct visa. They do not issue extensions for teachers unless they have aquired their work permit. Normally wont get a work permit until they have obtained a waiver or licence from the teachers council and a letter from the local education authority. This takes some time and this is why it is not uncomon for teachers to start work in Thailand illigally.

A contract is a contract and is legally binding (usually) if you have read and signed it. It is also a requirement that both parties have a copy and that your copy is in English. My school provides both English and Thai. These days Immigration require both too.

However, it does not mean a contract cannot be broken or challenged if the scool is in breach or that the accompanying job/role description is in contrast to the reality of the job.

Normally, the Labour officel will make representation to the school on your behalf, particularly if you can show reasonable cause for complaint and willingness to settle amicably. In my experience this is normally enough for the school to back down.

The last resort is the courts, if you have good cause, proof and a reliable lawyer you will win, I know several who have taken this course of action and won.

Go and find a good job and leave them to do the worrying.

Good luck

ldiablo Silver Member

ldiablo

Posted
Posted

Guys,please correct me if I am wrong on this but I had read somewhere before that no contract in Thailand has any validity unless that said contract is in Thai and that if it is in English than as far as any court is concerned it is not a valid contract.

brianp0803 Silver Member

brianp0803

Posted
Posted

My last school the contract given farang said it was a translation of the Thai contract and any difference the the Thai contract prevailed.

We essential signed a contract that said it was not legally binding but was a translation for us.

I forgot if we also signed the Thai contract( which is unreadable to us unless we paid for our own translation)

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