Dismissed After 11 Years And 10 Months

[Samuian]

Hi all,

I have been discharged from my job after 11 years and 10 months by November 1st, but been handed the letter of dismissal, on the 4th of November, withoutdate, without date of dismissal, no genuine reasons mentioned in there.

However, been to the Labour Ministry and then passed the case on to lawyer to sue for compensation as the offered compensation is very little, compared to the time i have been on this Job.

Holding currently a "B" Visa and a WP valid till 3 of February, 2007, extendable till some date in August 2007.

The protection period of Dismissal gives me time till the 31st December 2006.

What do I have to do to not have to leave the country while the legal process is in the making?

My guess is that it will be illegal to stay in the Kingdom on the given "B" Visa and the WP, beyond the 31st. of December because I am not employed any more...what shall I do or can be done?

thanks for your time!

[Neeranam]

You can keep the visa, but hand back the WP

[dr_Pat_Pong]

Hi all,

I have been discharged from my job after 11 years and 10 months by November 1st, but been handed the letter of dismissal, on the 4th of November, withoutdate, without date of dismissal, no genuine reasons mentioned in there.

However, been to the Labour Ministry and then passed the case on to lawyer to sue for compensation as the offered compensation is very little, compared to the time i have been on this Job.

Holding currently a "B" Visa and a WP valid till 3 of February, 2007, extendable till some date in August 2007.

The protection period of Dismissal gives me time till the 31st December 2006.

What do I have to do to not have to leave the country while the legal process is in the making?

My guess is that it will be illegal to stay in the Kingdom on the given "B" Visa and the WP, beyond the 31st. of December because I am not employed any more...what shall I do or can be done?

thanks for your time!

That is tough. Nice Christmas present What is your age, nationality and marital situation ?

[LaReina]

How can you hand back a WP and keep a visa? Doesn't that get cancelled automatically?

[binnsy]

Keep yer chin up and all will turn out fine

[Sunbelt Asia]

I have been discharged from my job after 11 years and 10 months by November 1st, but been handed the letter of dismissal, on the 4th of November, withoutdate, without date of dismissal, no genuine reasons mentioned in there.

It looks like they may of screwed up big time with unfair dismissal.

They need to pay you at minimum 300 days for severance.

Thai law has a number of legal obligations to employers when terminating staff.

These obligations may involve notice of termination, annual leave, severance, provident fund, reimbursable expenses, damages for unfair dismissal, among other issues.

However, been to the Labour Ministry and then passed the case on to lawyer to sue for compensation as the offered compensation is very little, compared to the time i have been on this Job.

We have won cases of over a million Baht for foreign employees. Keep your head up, that just because you are farang, you will not win.

Holding currently a "B" Visa and a WP valid till 3 of February, 2007, extendable till some date in August 2007.

Sounds like you have a non immigrant visa obtained at a Embassy unlike a extension of stay based on business. With a extension of stay based on business you have 7 days to leave the country after your work permit has been cancelled.

With a non immigrant visa, that you need to go out of the country every 90 days, your visa is not cancelled with your work permit.

The protection period of Dismissal gives me time till the 31st December 2006.

Depends. The protection period you refer to, is the notice before the pay period and then a 30 day notice. If they have given you a notice, its their option to pay you for that period and they can ask you to leave immediately or the second option is have you work.

If its to leave immediately, your work permit is cancelled and you have 7 days after the work permit has been returned to leave the country. You then can renter on a 30 day tourist visa exemption if you are a national of 41 countries.

UNLESS, as stated you had a multi entry visa. Then you are not required to leave until the 90 day stamp expires.

What do I have to do to not have to leave the country while the legal process is in the making?

I'll wait till you clarify if you have a one year multi entry visa. I surmise you are not married or over 50 years old. Is this correct?

My guess is that it will be illegal to stay in the Kingdom on the given "B" Visa and the WP, beyond the 31st. of December because I am not employed any more...what shall I do or can be done?

See above. We need more clarification.

www.sunbeltasiagroup.com

[Samuian]

How can you hand back a WP and keep a visa? Doesn't that get cancelled automatically?

Got this wrong, still got both, but the final date of dismissal is the 31st. Dec. 2006

I would like to know what can be done in the meantime, because after or around the expiery date its new year and all these festivitiesaround, I know that in this time not much can be accomplished in Thailand...!

[Sunbelt Asia]

How can you hand back a WP and keep a visa? Doesn't that get cancelled automatically?

Got this wrong, still got both, but the final date of dismissal is the 31st. Dec. 2006

I would like to know what can be done in the meantime, because after or around the expiery date its new year and all these festivitiesaround, I know that in this time not much can be accomplished in Thailand...!

One more time. Please clarify, do you have a extension of stay based on business ( where you report to Immigration every 90 days)

Or do you have

a non immigrant visa ( where you do a visa run every 90 days)

are you

married to a Thai?

are you

Over 50 years old?

www.sunbeltasiagroup.com

[Samuian]

I have been discharged from my job after 11 years and 10 months by November 1st, but been handed the letter of dismissal, on the 4th of November, withoutdate, without date of dismissal, no genuine reasons mentioned in there.

It looks like they may of screwed up big time with unfair dismissal.

They need to pay you at minimum 300 days for severance.

Thai law has a number of legal obligations to employers when terminating staff.

These obligations may involve notice of termination, annual leave, severance, provident fund, reimbursable expenses, damages for unfair dismissal, among other issues.

Looks like it

However, been to the Labour Ministry and then passed the case on to lawyer to sue for compensation as the offered compensation is very little, compared to the time i have been on this Job.

We have won cases of over a million Baht for foreign employees. Keep your head up, that just because you are farang, you will not win.

so said the labour department already, after they been talking to my employer on the phone, he paid me last month (October) salary - no strings attached!

Holding currently a "B" Visa and a WP valid till 3 of February, 2007, extendable till some date in August 2007.

Sounds like you have a non immigrant visa obtained at a Embassy unlike a extension of stay based on business. With a extension of stay based on business you have 7 days to leave the country after your work permit has been cancelled.

With a non immigrant visa, that you need to go out of the country every 90 days, your visa is not cancelled with your work permit.

Yes, I am holding a Non-Immigrant "B" Visa, at this time on the second leg 90 days valid till 3rd. February - total validity till August 2007.

The protection period of Dismissal gives me time till the 31st December 2006.

Depends. The protection period you refer to, is the notice before the pay period and then a 30 day notice. If they have given you a notice, its their option to pay you for that period and they can ask you to leave immediately or the second option is have you work.

In the informal letter of dismissal they state: Once I have left the premises" They will pay me a serverance pay worth 3 months salary.

If its to leave immediately, your work permit is cancelled and you have 7 days after the work permit has been returned to leave the country. You then can renter on a 30 day tourist visa exemption if you are a national of 41 countries.

no word about "immediately".

UNLESS, as stated you had a multi entry visa. Then you are not required to leave until the 90 day stamp expires.

can I leave then, return, for a nother 90 days, even I have no legal employer-contract anymore??? the Wp I do not need to extended, cause I have no employment no more or is the Visa only valid recording to the WP and it's extension?

What do I have to do to not have to leave the country while the legal process is in the making?

I'll wait till you clarify if you have a one year multi entry visa. I surmise you are not married or over 50 years old.

Yes, this is correct! I am not married but I am above 50 years of age.

I am holding a valid Non-Immigrant "B", made just the 2nd. exit/entry and have time till february 3rd. 2007 . As it is Valid till August 2007 I believe there could be another 3 Entries possible, unless it's NOT coupled to the grating of a WP extension.

My guess is that it will be illegal to stay in the Kingdom on the given "B" Visa and the WP, beyond the 31st. of December because I am not employed any more...what shall I do or can be done?

See above. We need more clarification.

www.sunbeltasiagroup.com

Thanks for your quick reponse, hope the Information is efecient enough.

[Ijustwannateach]

Don't accept just one month's salary- they owe you almost a year's salary and if you go to court you'll get it- Thailand has strong labour laws. As Sunbelt says, your visa *will* be cancelled as it was associated with the WP. I think your biggest quandary is how you will stay here- in Japan, you would be eligible for a visa solely for the purpose of the legal dispute; I don't know if the laws here are that strong.

[Sunbelt Asia]

so said the labour department already, after they been talking to my employer on the phone, he paid me last month (October) salary - no strings attached!

They will be paying much more.

Yes, I am holding a Non-Immigrant "B" Visa, at this time on the second leg 90 days valid till 3rd. February - total validity till August 2007.

Good. Your visa then, no matter what will be valid till Feb 3rd. You then simply cross the border and get a fresh 90 days. It is not tied to your work permit.

In the informal letter of dismissal they state: Once I have left the premises" They will pay me a serverance pay worth 3 months salary.

Per Thai law, it is 300 days.

can I leave then, return, for a nother 90 days, even I have no legal employer-contract anymore???

Yes

the Wp I do not need to extended, cause I have no employment no more or is the Visa only valid recording to the WP and it's extension?

Visa is not tied to the wp. You can stay inside Thailand till Feb. Cross the border and get a fresh 90 days.

Yes, this is correct! I am not married but I am above 50 years of age.

You can get a extension of stay based on retirement in Jan. Jiust need to show a pension of 65K per month or 800K in the bank for three months. Then you do not need to do visa runs every 90 days.

I am holding a valid Non-Immigrant "B", made just the 2nd. exit/entry and have time till february 3rd. 2007 . As it is Valid till August 2007 I believe there could be another 3 Entries possible, unless it's NOT coupled to the grating of a WP extension

you are correct. You have in fact 90 days after August. Just cross the border one day before the one year visa expires. Unless you apply for the extension of stay based on retirement.

The bottom line. You are in very good shape.

Happy Holidays.

www.sunbeltasiagroup.com

[Neeranam]

As Sunbelt says, your visa *will* be cancelled as it was associated with the WP.

Mine wasn't. You can keep your visa.

And it was associated with my WP.

Edited November 19, 2006 by Neeranam

[Samuian]

... I think your biggest quandary is how you will stay here- in Japan, you would be eligible for a visa solely for the purpose of the legal dispute; I don't know if the laws here are that strong.

Yep, that is what I think... a bit worried about.

Need simply more time.. Maybe there is some place I can find out - Immigration Samui is just worriesome - regarding their legal knowledge!

Thanks for sharing your knowledge!

[Sunbelt Asia]

As Sunbelt says, your visa *will* be cancelled as it was associated with the WP.

We wrote in the first post

Sounds like you have a non immigrant visa obtained at a Embassy unlike a extension of stay based on business. With a extension of stay based on business you have 7 days to leave the country after your work permit has been cancelled.

With a non immigrant visa, that you need to go out of the country every 90 days, your visa is not cancelled with your work permit.

The OP has stated, he has a non immigrant visa and he can stay.

www.sunbeltasiagroup.com

[Richard Hall]

As Sunbelt says, your visa *will* be cancelled as it was associated with the WP.

No, the visa keeps staying valid because it is a MULTIPLE Entry Non Imigrant requiring visa runs every 90 days.

An annual staying permit extension will lose its validity within 7 days upon the WP is turned in but not a Non-Immigrant B Multiple Entry. You can hold this kind of a visa WITHOUT a work permit and do visa runs every 90 days while you can not obtain an annual extension of your stay in Thailand without a WP. The annual staying permit is linked to the WP and not the visa itself.

That's why Sunbelt asked the questions a few post before looking for a solution.

Basically under the said circustances he will have time to get things straightened out until November 2007 (doing his final visa run in August 2007).

Cheers,

Richard

[Samuian]

Thanks all for your fast and professionel responses!

So I understand that I can stay on my Non-Immigrant "B" Visa, do the 90 days Visa runs without a valid WP-Extension all way untill it's very expiration sometime in November 2007!

Thanks all again for this!

Edited November 19, 2006 by Samuian

[Sunbelt Asia]

Thanks all for your fast and professionel responses!

You are welcome.

So I understand that I can stay on my Non-Immigrant "B" Visa, do the 90 days Visa runs without a valid WP-Extension all way untill it's very expiration sometime in November 2007!

Correct

www.sunbeltasiagroup.com

[thaihome]

This guy has been doing 90 day entry stamp runs (and getting 90 Work Permits) and yearly visa runs for 10 years?

Holy sh*t.

TH

Edited November 19, 2006 by thaihome

[Samuian]

This guy has been doing 90 day entry stamp runs (and getting 90 Work Permits) and yearly visa runs for 10 years?

Holy sh*t.

TH

Don't guess, ask!

Assumption is the Mother of all errors!

I was married, got a job offer, did hold a Non-Immigrant "O", then attained a WP which, including the Visa, was extended here on Samui year after year, only for the WP I had to go to Suratthani, but this has changed now as well, there is now an Office of the Labour Department on Samui.

After almost 9 years I had to file for divorce... and since, exactly since Dec. 2003 I hold a Non-Immigrant "B" which is only valid for a year, if your employment status fullfills certain other criteria.

Otherwise there are these 90 days Visaruns to be made - crazy, but that is how it is...

...now you know!

[thaihome]

I'm sorry, your post makes no sense to me. Have you indeed been making 90 day entry stamp runs for over 10 years?

Why can you not qualify for a WP good for a year and the yearly extenstion based on employment? Why would a divorce affect that? You worked for your wife?

TH

[dr_Pat_Pong]

Hi all,

I have been discharged from my job after 11 years and 10 months by November 1st, but been handed the letter of dismissal, on the 4th of November, withoutdate, without date of dismissal, no genuine reasons mentioned in there.

However, been to the Labour Ministry and then passed the case on to lawyer to sue for compensation as the offered compensation is very little, compared to the time i have been on this Job.

Holding currently a "B" Visa and a WP valid till 3 of February, 2007, extendable till some date in August 2007.

The protection period of Dismissal gives me time till the 31st December 2006.

What do I have to do to not have to leave the country while the legal process is in the making?

My guess is that it will be illegal to stay in the Kingdom on the given "B" Visa and the WP, beyond the 31st. of December because I am not employed any more...what shall I do or can be done?

thanks for your time!

That is tough. Nice Christmas present What is your age, nationality and marital situation ?

No answer was the stern reply

[Briggsy]

What sort of evidence would the OP require? I have worked for the same employer for a number of years but they don't give any pay slips. I have a WP and have been on the same visa for 9 years.

[Samuian]

What sort of evidence would the OP require? I have worked for the same employer for a number of years but they don't give any pay slips. I have a WP and have been on the same visa for 9 years.

My guess would be, same, same as above, only exception is that you are NOT employed for OVER 10 years, that makes a"little" difference concerning the amount of compensation!

Did you get a letter of dismissal yet?

Did they pay you cash or into a bank account?

Keep copies of your WP and the Visa- and Visastamps!!!

Read the above answers in this thread well, there are many points you need to know already mentioned.

good luck!

[Richard Hall]

Gentlemen,

although the topic starter has already been properly advised on his options there seems to be still some confusion.

If someone stays on a Non-Immigrant B and wants to get an annual staying permit the employee (taxes paid on a monthly minimum salary of 50 K) AND the employing company need to qualify in terms of registered capital and also number of Thai employees in relation to foreign employees. Are the qualifications not sufficient this only leaves the option of Non-Immigrant B Multiple Entry requiring 90 day visa runs.

- Single Entry Non-Immigrant Visa and annual extensions of stay

Advantage: Do not have to do visa runs

Disadvantage: If the holder loses his job his visa loses its validity and he has to leave the country within 7 days after the WP has been turned in. Extensive requirements from empolyee's and employer's side.

- Multiple Entry Non-Immigrant Visa

Advantage: Is not firmly linked to the job means if the holder loses his job, the visa does not lose its validity. The strict requirements as in case of annual extensions do not apply.

Disadvantage: Forced to do visa runs every 90 days

Non-Immigrant O based on mariage

The staying permit is NOT based on the job but rather on supporting the Thai spouse. A work permit can be applied for and if there is a minimum salary of 40 K per month an annual staying permit can be obtained. NO need for visa runs and special requirements in terms of the employer as in case of Non-Immigrant B, annual extensions.

Under these circumstances the divorce had a significant effect because the topic starter had to switch from Non-Immigrant O, annual extensions (he had sufficient qualification for annual extensions by a minimum income of 40 K or 400 K in a bank account and the wedding certificate) to Non-Immigrant B MULTIPLE Entry. The qualifications solely based on the job, however, were not sufficient to apply for annual extensions and hence he was forced to do visa runs.

cheers,

Richard

[Briggsy]

What sort of evidence would the OP require? I have worked for the same employer for a number of years but they don't give any pay slips. I have a WP and have been on the same visa for 9 years.

My guess would be, same, same as above, only exception is that you are NOT employed for OVER 10 years, that makes a"little" difference concerning the amount of compensation!

Did you get a letter of dismissal yet?

I haven't been dismissed. I was only wondering about evidence. Because the compensation is based on salary. The amount they declare to the tax authorities is less than they pay me. I was told not to worry about this.

Did they pay you cash or into a bank account?

"Anonymous" bank transfer.

Keep copies of your WP and the Visa- and Visastamps!!!

Read the above answers in this thread well, there are many points you need to know already mentioned.

good luck!

I was just wondering how they calculate what the actual monthly salary is in order to calculate any compensation due.

[Richard Hall]

To establish who is actually employed in a company and at what salary one just refers to the form Phor. Nor. Dor. 1 which has to be filed every month to the Revenue Department for tax reasons.

In addition there is the personal income tax form (Phor.Ngor.Dor.91) providing proper information of all legitimately acquired and hence taxable income of a person.

Actual salary is not what has been paid or not been paid but rather money that has been payed tax for to the Revenue Deparment and is documented in this context.

Cheers,

Richard

Edited November 20, 2006 by Richard Hall

[PhilHarries]

Getting fired is just nature's way of telling you that you had the wrong job in the first place.

Good luck with the severance pay and best of luck for the future, any plans yet?

[Briggsy]

Thank you, Richard Hall

I can simply refer to my Phor Ngor Dor 1 Kor.

[ricklev]

I have a non-im B multiple entry good until March 2007. My last entry was extended based on my work permit. Now I am quiting my job - losing the work permit next week. As I understand it my extension will be cancelled with the work permit - I will then have 7 days to leave - and when I re-enter my non-im B will still be valid and I will get 90 days Correct? Thanks!

[Richard Hall]

I have a non-im B multiple entry good until March 2007. My last entry was extended based on my work permit. Now I am quiting my job - losing the work permit next week. As I understand it my extension will be cancelled with the work permit - I will then have 7 days to leave - and when I re-enter my non-im B will still be valid and I will get 90 days Correct? Thanks!

No, you don't have to leave because you do not stay here on annual extensions but rather have to carry out visa runs as a holder of a multiple entry and not a used single entry visa.

As a multiple entry non-immigrant visa holder your last entry of 90 days was not based on your work permit but rather your visa.

Your extension is only based on your WP and job when you apply for the extension within Thailand at Thai Immigration Department and provide loads of paperwork about your employing company besides certainly copies of all pages of your WP booklet.

Cheers,

Richard