Hi,

I am an English teacher in Songkhla, and I was just informed that the Language school who hired me will be cancelling my work permit as of tomorrow - July 21. They also told me not to go to school anymore.

My employer just got mad because I didn't come to work on my rest day when she told me to.

So, I entered Thailand on a tourist visa, went to Penang and got a Non Imm B visa, got a work permit in Songkhla, then got a 1 year extension of my visa - making my current visa in my passport stamped valid until January 2016. I currently have my WP and passport with me.

I have applied new school but they said they can only hire me by the end of the month because that's when they will have available position. They have assured me about it but they can't help me with my papers yet.

I know that because my visa is an extension by employment I should go to immigration and request an extension of stay.

My questions are :

1- How much is the extension of stay and how many days?

2 - Will they ask me a reason for filing the extension of stay? If yes, will my reason be valid? (Waiting till end of the month when the new school can hire me.) Or they might be chances I won't be given any extension.

3 - Can I file any complaint against my employer?

4 - What's the best thing to do?

Any help with this is GREATLY appreciated!!

Thank you!

Edited July 20, 201510 yr by Purplesummer

Do you have a re-entry permit with your extension ? If yes you will need the WP cancellation document and with that go to immigration to cancel your extension, and get a 7 days extension that cost Bt 1,900.

If you don't have a re-entry permit you can also cancel you extension simply by leaving country, Your extensions is technically voided when you quit working and/or cancel the work permit, but immigration is not notified by the labour office.

In all cases you can get e.g. a double entry tourist visa in Laos that give you up to 6 months stay.

I'm not sure if you have seniority and cause enough to raise a complain to at least cash severance, but you can try anyway, at the labour dept office. From reports they are on the side of the workers in cases of unjust termination.

Edited July 20, 201510 yr by paz

Do you have a re-entry permit with your extension ? If yes you will need the WP cancellation document and with that go to immigration to cancel your extension, and get a 7 days extension that cost Bt 1,900.

If you don't have a re-entry permit you can also cancel you extension simply by leaving country, Your extensions is technically voided when you quit working and/or cancel the work permit, but immigration is not notified by the labour office.

In all cases you can get e.g. a double entry tourist visa in Laos that give you up to 6 months stay.

I'm not sure if you have seniority and cause enough to raise a complain to at least cash severance, but you can try anyway, at the labour dept office. From reports they are on the side of the workers in cases of unjust termination.

Thank you for the response Paz.

Re-entry pass? I'm not sure. How can I check it?

This is the one I have attached in my passport, along with the receipt notification Sept 2.

Edited July 20, 201510 yr by Purplesummer

That is the slip that informed you about 90 day reporting and your first report date when you got your extension of stay.

A re-entry permit is a stamp in your passport. Unless you requested it by doing a TM8 form I suspect you don't have one.

You should just make a border run to Pedang Besar and return getting a visa exempt entry if you qualify for one. You will get 15 days or 30 days if you are from a G7 country. You can then extend that entry for 30 days at an immigration office.

Thanks for the response ubonjoe.

I don't have it then.

I've checked to the visa exemption rule and I'm not sure if I will be able to do that. I'm also not from the G7 country.

Do I have anymore options?

I just really need till the end of the month so my new school can help me with my permit and visa.

Can I still file the 7 days extension to immigration?

In case I overstay can I still request for extension?

Sorry for a lot of questions, this is really new to me.

What country are your from? List of counties that qualify for visa exempt entries is here. http://www.mfa.go.th/main/contents/files/services-20150120-100712-551809.pdf

If your home country is on the list you will be able to do the visa exempt entry. If not you would need to get a tourist visa in Penang.

In order to apply for the 7 day extension you will need a termination letter from your employer to cancel your extension. You would not be on overstay unless you went to immigration after the termination date on the letter.

I'm from the Philippines.

I'm afraid that if I do that they wont allow me to enter Thailand.

It says that I must meet the following criteria:

1 - Only for travel purposes

(obviously not, and they might notice the stamps I have. Theyll probably think I'm to look for a job with that I doubt they'll allow me)

2 - Entry by plane which will give me 30 or land border 15 days (provided if I have a return ticket, which I can't afford to buy as of the moment)

3 - Show money of 10k ( I don't have that unfortunately)

My employer doesn't really want to communicate with me anymore so I cant get any letter of termination and she is too stubborn to let me know about any details of the cancellation she submitted.

I really feel hopeless and don't know what to do.

Can I still apply for 7days extension even if I don't have any information of the cancellation made by my employer?

Really appreciate your response by the way. thank you.

Not sure where you found that list of requirements. There is no official document that states what you wrote.

The only restrictions for visa exempt entries is doing them back to back. You have been on a tourist visa, a non-b visa and then an extension of stay not visa exempt entries.

I suggested Pedang Baser to do the crossing for a reason. Immigration is friendlier at that crossing.than the main crossing at Sadao.

If you are worried about being able do a visa exempt entry then you should go to Penang for a tourist visa.

You will not get the 7 day extension without your extension being canceled and that requires the termination letter.

I saw from a site. Not sure if I'm allowed to post it here but the site seems legit. Still not sure though.

Okay I'll consider your suggestion then.

My local school wants to directly hire me instead of through the language school that I was under. Can I use that reason of my extension just in case? (That I need time to process my new documents) Or do you think its better for me to do the crossing in Pedang Basar?

There is no extension you can apply for. Even the 7 days is not an extension it is 7 days to leave the country after they deny the 7 day extension application.

Thai Labour Law is very clear on severance pay and strictly enforced to the point that any sensible employer will not try to get around it.

You should have had a written warning to remedy the alleged issue.

After that you should have been given notice or payment in lieu.

You are also entitled to severance pay which is dependent upon your length of service.

Here's a link, I do have a copy of the reglaltions somewhere but cannot find it just now, however this is a start:

http://www.b-accounting.com/business-thailand/severance-pay-in-thailand/

I believe that the courts are very supportive of the employee so fI expect your employer will just pay up.

Edited July 21, 201510 yr by Jonathon

Added: It is possible to get a visa extension on the basis of ongoing court proceedings, but you have little time to act and maybe your severance pay will not cover the costs if you (as it seems) have not been employed for long. But don't let them get away with it, the law is on your side.

Added: It is possible to get a visa extension on the basis of ongoing court proceedings, but you have little time to act and maybe your severance pay will not cover the costs if you (as it seems) have not been employed for long. But don't let them get away with it, the law is on your side.

He would have zero time. At the moment the employee cancels the work permit, he wold be on overstay the following day. Immigration might refuse to issue an extension on that basis only.

Filing a case in court would require more time and I don't know if a complain with the labor dept would count as a legal case from Immigration point of view.

I think the safest approach for the OP is a tourist visa in Penang or elsewhere. He cold then even try to have it converted to non-immigrant in country, even if that is time consuming.