Saigon Posted December 13, 2015 Share Posted December 13, 2015 (edited) Two weeks ago my employer agreed to sign a new contract with me for another year and prepare all the documents to extend my Non-B extension and renew my work permit. I made some requests for the new contract, too. It's been two weeks since then, but nothing has been ready yet. I have asked him how things are going a few times but he'll always answer that it's taking time, so I started to wonder if he liked my requests. It's less than a month before my contract expires. If he should change his mind and decide not to renew my contract, will he have to give me a month's notice or anything, or will he be allowed to do so without notice? What should I do as a work permit holder then? Thank you in advance. Edited December 13, 2015 by Saigon Link to comment Share on other sites More sharing options...
casualbiker Posted December 13, 2015 Share Posted December 13, 2015 What job? If you have had three back to back contracts then it can be construed as an ongoing contract. 1 Link to comment Share on other sites More sharing options...
Saigon Posted December 13, 2015 Author Share Posted December 13, 2015 This is my first year at work. The contract doesn't mention anything about a notice to give when I resign or he won't renew my contract. I don't know about the Thai Labour Law. Link to comment Share on other sites More sharing options...
steve187 Posted December 13, 2015 Share Posted December 13, 2015 your work permit will die along with the job Link to comment Share on other sites More sharing options...
tinat Posted December 13, 2015 Share Posted December 13, 2015 What job? If you have had three back to back contracts then it can be construed as an ongoing contract. Do you have a link to this ? Link to comment Share on other sites More sharing options...
onlycw Posted December 13, 2015 Share Posted December 13, 2015 This is serious. Any chance of you signing the new contract? Making sure they got all ducks in a row? The alternative is to seek another job. Does the employer understand your predicament? Link to comment Share on other sites More sharing options...
Saigon Posted December 13, 2015 Author Share Posted December 13, 2015 Thank you for all the comments. I'm prepared for the worst now and ready to leave next month but I just want to get even with the employer legally simply because he's not honest at all. I don't mind reporting it to the Labour Office just to scare him. For some months he didn't pay me as much as he agreed to on the contract. I can show them my passbook to prove this. Are the odds in my favor or against me? Link to comment Share on other sites More sharing options...
casualbiker Posted December 14, 2015 Share Posted December 14, 2015 What job? If you have had three back to back contracts then it can be construed as an ongoing contract. Do you have a link to this ? NO. It was told to me by a senior manager in my local Labour department. 1 Link to comment Share on other sites More sharing options...
tinat Posted December 14, 2015 Share Posted December 14, 2015 What job? If you have had three back to back contracts then it can be construed as an ongoing contract. Do you have a link to this ? NO. It was told to me by a senior manager in my local Labour department. OK, so that is worth the paper it is written on ;-) 1 Link to comment Share on other sites More sharing options...
casualbiker Posted December 14, 2015 Share Posted December 14, 2015 What job? If you have had three back to back contracts then it can be construed as an ongoing contract. Do you have a link to this ? NO. It was told to me by a senior manager in my local Labour department. OK, so that is worth the paper it is written on ;-) isn't everything here? What it means is if you are in the position you can ask and see what happens.. No ask, no answer! 1 Link to comment Share on other sites More sharing options...
BlindMagician Posted December 14, 2015 Share Posted December 14, 2015 Not paid according to the contract, delaying your contract renewal...you're being taken for a ride. Time to move on. Time to put number one first - make sure you have a legal visa ASAP, then start job hunting. 2 Link to comment Share on other sites More sharing options...
Crocbait Posted December 14, 2015 Share Posted December 14, 2015 Where I used to work (Government) the contract and documents were never ready until the last minute, which was very annoying and stressful. if they had made changes you didn't have time to discuss them. Mad rush to get everything done. 1 Link to comment Share on other sites More sharing options...
csabo Posted December 14, 2015 Share Posted December 14, 2015 Im in a similar boat. I would definitely have a backup plan. Mine is this. If I don't have something concrete in hand by the 28th I'll go to the labor office and cancel the work permit myself leaving me the rest of the 28th and the 29th to get to immigration and cancel my extension and request a 7 day extension to leave. Fly to Vientiane on January 2nd to avoid the new years holidays and apply for a SETV returning on the 4th. That will give me time to sort out my next move or in your case your employer to help you apply for a new Non-B and WP. Good luck, don't trust'em. 1 Link to comment Share on other sites More sharing options...
ghworker2010 Posted December 14, 2015 Share Posted December 14, 2015 you sound spoilt as you have a month still. I had to wait until the day before. such is life. It all worked out. Chill out dude Link to comment Share on other sites More sharing options...
ubonjoe Posted December 14, 2015 Share Posted December 14, 2015 Im in a similar boat. I would definitely have a backup plan. Mine is this. If I don't have something concrete in hand by the 28th I'll go to the labor office and cancel the work permit myself leaving me the rest of the 28th and the 29th to get to immigration and cancel my extension and request a 7 day extension to leave. Fly to Vientiane on January 2nd to avoid the new years holidays and apply for a SETV returning on the 4th. That will give me time to sort out my next move or in your case your employer to help you apply for a new Non-B and WP. Good luck, don't trust'em. You need to look at a calendar. The 2nd is a Saturday. 1 Link to comment Share on other sites More sharing options...
Bredbury Blue Posted December 14, 2015 Share Posted December 14, 2015 (edited) Can I suggest that you post the termination clause from your contract in here. If there is nothing stated then I would assume that whatever it states in the thai labour laws would apply. There is one thing I remember from a termination dispute I was involved in and that is something like if you get paid on a monthly basis cycle then they have to give you one month's notice or pay you one month's salary on termination inliu of notice. Edited December 14, 2015 by Bredbury Blue 1 Link to comment Share on other sites More sharing options...
bino Posted December 14, 2015 Share Posted December 14, 2015 No renewal and no notice = termination. Depending on what your contract says, you will be entitled to severance pay and notice pay according to Thai labour law. Link to comment Share on other sites More sharing options...
Sawan Chan 7 Posted December 14, 2015 Share Posted December 14, 2015 What job? If you have had three back to back contracts then it can be construed as an ongoing contract. Do you have a link to this ? NO. It was told to me by a senior manager in my local Labour department. OK, so that is worth the paper it is written on ;-) Yes it is. I have a friend who is a teacher and was fired after 10 years with one school. His contracts were yearly and he got, with the help of the Labour Dept. lawyers 10 months of severance pay. 1 Link to comment Share on other sites More sharing options...
Bredbury Blue Posted December 14, 2015 Share Posted December 14, 2015 What job? If you have had three back to back contracts then it can be construed as an ongoing contract. Do you have a link to this ? NO. It was told to me by a senior manager in my local Labour department. OK, so that is worth the paper it is written on ;-) Yes it is. I have a friend who is a teacher and was fired after 10 years with one school. His contracts were yearly and he got, with the help of the Labour Dept. lawyers 10 months of severance pay. I can see that. In the past few years the government has stamped out the practice of employers issuing repeat shortterm contracts which sought to minimise the employees labour rights; think it was based on a case regarding gas bottle delivery workers. ] Link to comment Share on other sites More sharing options...
Saigon Posted December 14, 2015 Author Share Posted December 14, 2015 Many thanks for your advice and comments. There is no termination clause on my contract, and I've got a 1-year contract which states that I will get paid on a monthly basic so I hope the Thai Labour Law applies to my case that I will be entitled to severance pay. Link to comment Share on other sites More sharing options...
ubonjoe Posted December 15, 2015 Share Posted December 15, 2015 You could look in the Labour Protection Act B.E. 2541 (1998) . Link to comment Share on other sites More sharing options...
squarethecircle Posted December 15, 2015 Share Posted December 15, 2015 Thank you for all the comments. I'm prepared for the worst now and ready to leave next month but I just want to get even with the employer legally simply because he's not honest at all. I don't mind reporting it to the Labour Office just to scare him. For some months he didn't pay me as much as he agreed to on the contract. I can show them my passbook to prove this. Are the odds in my favor or against me? Sounds like he doesn't respect you; I'd say it's time to move on to find an employer who does respect you. Link to comment Share on other sites More sharing options...
tonray Posted December 15, 2015 Share Posted December 15, 2015 (edited) OK, so that is worth the paper it is written on ;-) Yes it is. I have a friend who is a teacher and was fired after 10 years with one school. His contracts were yearly and he got, with the help of the Labour Dept. lawyers 10 months of severance pay. I can see that. In the past few years the government has stamped out the practice of employers issuing repeat shortterm contracts which sought to minimise the employees labour rights; think it was based on a case regarding gas bottle delivery workers. ] They have not stamped out anything. Every teacher agency issues 10 month contracts with bonus holdbacks, no benefits, no SS, nothing. Every year the terms in the contracts become more restrictive against the teacher and more in favor of the agency/school. This is the REAL WORLD. Not only has it not been stamped out, it's getting far worse ! Edited December 15, 2015 by tonray Link to comment Share on other sites More sharing options...
Singerman Posted December 15, 2015 Share Posted December 15, 2015 OK, so that is worth the paper it is written on ;-) Yes it is. I have a friend who is a teacher and was fired after 10 years with one school. His contracts were yearly and he got, with the help of the Labour Dept. lawyers 10 months of severance pay. I can see that. In the past few years the government has stamped out the practice of employers issuing repeat shortterm contracts which sought to minimise the employees labour rights; think it was based on a case regarding gas bottle delivery workers. ] They have not stamped out anything. Every teacher agency issues 10 month contracts with bonus holdbacks, no benefits, no SS, nothing. Every year the terms in the contracts become more restrictive against the teacher and more in favor of the agency/school. This is the REAL WORLD. Not only has it not been stamped out, it's getting far worse ! If Degree Qualified Teachers accept the terms and conditions you describe who is the fool ? Link to comment Share on other sites More sharing options...
Bredbury Blue Posted December 15, 2015 Share Posted December 15, 2015 Section 17 An employment contract shall expire when the specified period in the employment contract expires without any requirement for advance notice. Link to comment Share on other sites More sharing options...
Saigon Posted December 16, 2015 Author Share Posted December 16, 2015 Thanks again for your advice and comments. Nothing has been done yet. The point is my employer has promised to renew my contract, though it is a verbal agreement. Is there anything I can do about this? Link to comment Share on other sites More sharing options...
tonray Posted December 16, 2015 Share Posted December 16, 2015 (edited) Thanks again for your advice and comments. Nothing has been done yet. The point is my employer has promised to renew my contract, though it is a verbal agreement. Is there anything I can do about this? Politely and privately (never make a Thai lose face in public) inform him that you will need a contract in 48 hours to sign or you will be on your way. Don't let these fools jerk you around. I have been there and done that with many schools (not sure what your job is). In the end the ones that were going to renew came up with the docs in 24 hours and the ones that were playing me did not and I left for a different opportunity. You should always be in control of your own destiny...never put your future in someone else's hands. Just advice from a very old and crusty vet. Edited December 16, 2015 by tonray Link to comment Share on other sites More sharing options...
Saigon Posted December 16, 2015 Author Share Posted December 16, 2015 (edited) Thanks again for your advice and comments. Nothing has been done yet. The point is my employer has promised to renew my contract, though it is a verbal agreement. Is there anything I can do about this? Politely and privately (never make a Thai lose face in public) inform him that you will need a contract in 48 hours to sign or you will be on your way. Don't let these fools jerk you around. I have been there and done that with many schools (not sure what your job is). In the end the ones that were going to renew came up with the docs in 24 hours and the ones that were playing me did not and I left for a different opportunity. You should always be in control of your own destiny...never put your future in someone else's hands. Just advice from a very old and crusty vet. Thank you so much for your advice. As I said in the previous post, I'm ready to leave but want to do something just to scare him. So I'm going to tell him that I will go to the Immigration Office to extend my visa extension if he will prepare all the documents but report it to the Labour Office instead if he won't. I don't think he will, though. Edited December 16, 2015 by Saigon Link to comment Share on other sites More sharing options...
Bredbury Blue Posted December 16, 2015 Share Posted December 16, 2015 I would not make any threats or fuss, simply ask nicely again if he will be extending and if so when (but be prepared for the worst). Link to comment Share on other sites More sharing options...
Lannig Posted December 16, 2015 Share Posted December 16, 2015 I don't even see what kind of fuss could be done. This obviously is a fixed term contract. If your employer doesn't want to renew it, so what? It might not be honest to you especially if he had promised to renew it, but the law says he's entitled to do so. And your non-immigrant 'B' will be canceled on the day your contract finishes. As I can recall, when I resigned from my last job in Thailand, the HR folks told me that I had to leave the country within 30 days. No way to apply for another visa from within Thailand. Link to comment Share on other sites More sharing options...
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