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The relationship between the Work Permit and the VISA:


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The situation is this:

 

Have a valid VISA ext. and a valid Work Permit. Both Expire at the end of April, 2017.(that's in about six weeks)

 Upon presentation of said Work Permit to the Labor Department, they insisted on a form(in Thai) from the employer. It wasn't suffice that the worker aka holder of the Work Permit wanted to cancel it then and there.(last week)

Said employer has issued a cease and desist type of order to the employee as well as a "threat" if she trespasses on their property. Needless to add, they don't want anything to do with any forms or said worker(foreigner of course). She's more than not wanted. Her contract is for work until the end of April but there is not intention of paying her. The failure to pay as agreed to be resolved in another "court" of course.

 

So the question for this group is...Is there any way around getting the employer/sponsor of the Work Permit's signature(on the form)? Yes, we are all aware the VISA ext also will become void upon this cancellation. The matter seems so unfair as the worker just wants to get it all behind her and without digressing, doing it now is the only option as...I won't digress. Want to do it now, not wait until the end of April. Any legal options available the the worker?

 

Thanks and regards and God Bless You.

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If she is not working now here extension of stay is technically no longer valid.

She could just leave the country at an airport and most border crossings without re-entry permit and get a tourist visa 60 day entry or a visa exempt entry when she returns.

Seh could also file a complaint about the employer at the Labor ministry if she has grounds for it.

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7 minutes ago, ubonjoe said:

If she is not working now here extension of stay is technically no longer valid.

She could just leave the country at an airport and most border crossings without re-entry permit and get a tourist visa 60 day entry or a visa exempt entry when you returns.

Seh could also file a complaint about the employer at the Labor ministry if she has grounds for it.

She is still technically working. (think school and think contract's validity)

 

She has a multiple re-entry permit. (can you just return and ask them not to use it?)

 

Complaints to the Labor Department, well one, was already made upon presentation of the Work Permit cancellation request. Said complaint wasn't shall we say, listened to or any favorable, for her, decision made in her favor. You may be referring to the "Labor court/ministry" but that's again another hurdle which takes time to resolve. This matter is time sensitive. I'll digress below, read only if interested in helping or just have some time...

 

She simply wants to cancel it, then either leave the country or convert to a Retirement VISA, the same day, and be done with all of it once and for frigging all.....In the intermediate time she wants to go home(UK) to see her parents(not that the reason matters to most). There is also the matter of the Social Insurance lump sum benefit and conversion to self pay, in the mix. The Work Permit has to be canceled before you can receive and convert. Lastly, it was actually said that even when the Work Permit expires you need the form signed by the employer.(new question, is that last sentence true? how can it be? well...who ever knows)

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Just now, ThaiWai said:

Use the power of attorney form and have a lawyer or reasonably intelligent Thai go to the Labor Ministry for you to avoid the "I am not going to help this farang" attitude.

That of course costs money and even if they don't succeed in doing what you paid them for they want to keep the money as it was for trying diba?

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Just now, BruceMangosteen said:

That of course costs money and even if they don't succeed in doing what you paid them for they want to keep the money as it was for trying diba?

Ok, fill out the form I just gave you and do it yourself then.  Just trying to help.  You're welcome by the way.

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5 minutes ago, ThaiWai said:

Ok, fill out the form I just gave you and do it yourself then.  Just trying to help.  You're welcome by the way.

Thank you for participating in the discussion. Sincerely, thank you. If it were me personally I'd just pay someone to take care of it all sin falta. But this is a farang woman who thinks she can do everything herself and that there is no such thing as discrimination <removed>. 

Edited by ubonjoe
Removed a inflammatory comment
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3 minutes ago, BruceMangosteen said:

Thank you for participating in the discussion. Sincerely, thank you. If it were me personally I'd just pay someone to take care of it all sin falta. But this is a farang woman who thinks she can do everything herself and that there is no such thing as discrimination <removed>.

The form has English instructions for a reason.  Give it to her then go relax.

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If the aggrieved employee initiates any court action - suing for compensation etc - the she is entitled to seek visa extensions on the basis of "current court proceedings" requiring her presence in the Kingdom.  A good lawyer would advise here that the education industry in Thailand is Indian country as far as legal matters are concerned.  Education service providers aren't hampered too much by current legislation. There are limited protections for employees but, in general, you're pushing it uphill to expect decent compensation (let alone decent wages or conditions, anyway). And yet pollies still issue platitudes about raising That education standards - lol.

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