Resignation

[ExistingUser]

Hi all. 

i just would like to ask ya'll experienced foreigners here in Thailand. here's my situation, i am currently employed in a particular school here (elementary level) i don't have a working permit yet and a non-b visa, i am still using my tourist visa which will end on the fist week of June (next month) something happened at home, so i need to go back home in my country. I signed a one year contract (note: no work permit yet and non  visa my employer said that they will process the papers maybe after a week or a month probably) how will I resign? Will a resignation letter do? 

thanks! just had some unforeseen situations. 

Edited May 22, 2017 by metisdead
All Caps removed from topic title.

[shady86]

Do you need to provide notice? Normally most contract allows resignation with one month notice ahead.

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[ExistingUser]

5 hours ago, shady86 said:

Do you need to provide notice? Normally most contract allows resignation with one month notice ahead.

Sent from my SM-G935F using Tapatalk
 

I still have two weeks before leaving. It is so sudden and this is my first month of working for the one year contract. 

[DipStick]

I am certainly no expert, but logic tells me that as you are working illegally on a tourist visa, your contract could be considered as invalid. With this in mind, I would think you are free to walk, however, I would suggest any salary owed you would be with held.

i may be wrong 

[Sheryl]

Your contract should state what the terms for resignation are.

[Rhys]

Generally, if you let your people now you have an emergency at home and have to leave, they try to accommodate you... Have you spoken them, don't wait to the last moment.  1 week to go on your contract expiration...and you don't have a work permit...  your not in the Work Permit system;  the school could be fined for your working without a permit there.

 

The other factor to consider, are you coming back to work in Thailand?  Best to leave on the rip roy.

 

Talk to your people.. time is waiting, they need to plan or wait to plan, but it is up to you.. Contract over, no renewal.. leave.

 

all the best.

[dinsdale]

Most contracts aren't worth the paper they're written on. I don't know if they've started paperwork yet but just tell them you have to leave. Even having signed a contract it won't matter. Explain your situation, be apologetic and the sooner you do this the better. You could just walk as some do but in my opinion that's very bad. It should be fine but you should let them know tomorrow. I wouldn't hold your breath for this months pay but you never know.

Edited May 22, 2017 by dinsdale

[TerryLH]

" 1 week to go on your contract expiration..."

 

I think you need to read the OP.

[ukrules]

You don't have a work permit so you're not properly employed.

 

They have failed to provide the proper permission for you to work so you're working illegally. As far as I'm concerned this is grounds enough for you to quit whwnever you want regardless of whether you're going back home.

 

[ujayujay]

No work permit = not properly employed, so you don't have to resign.

[stubuzz]

5 hours ago, ExistingUser said:

I still have two weeks before leaving. It is so sudden and this is my first month of working for the one year contract. 

Why wait 2 weeks? I don't think you will get your 1st months salary.

[Don Mega]

You would be on probation which allows either you or the employer to terminate the contract with immediate effect.

[Minnehaha]

1 hour ago, ujayujay said:

No work permit = not properly employed, so you don't have to resign.

... just slip out the back, Jack

no need to be coy, Roy

just get yourself free.

hop on the bus, Gus

you don't need to discuss much ...

[richard_smith237]

Someone was prepared to pay you to do a job which you can no longer carry out. 

 

It would be respectful if you could provide as much notice as possible, by acting professionally and by offering a sufficient explanation you loose nothing, but potentially gain understanding and hopefully don't lose the respect of a future employer (if you were to return). 

 

Simply walking out benefits no one. Its just lazy. 

Edited May 22, 2017 by richard_smith237

[DipStick]

23 minutes ago, richard_smith237 said:

Someone was prepared to pay you to do a job which you can no longer carry out. 

 

It would be respectful if you could provide as much notice as possible, by acting professionally and by offering a sufficient explanation you loose nothing, but potentially gain understanding and hopefully don't lose the respect of a future employer (if you were to return). 

 

Simply walking out benefits no one. Its just lazy. 

"Someone was prepared to pay you to do a job which you can no longer carry out " REALLY ? How about someone was prepared to hire you illegally without the required visas and permits.. Question, if the immigration raided the school, who would they arrest the school principal or the not so innocent illegal worker ..

Mr Smith get your head out of the sand and be honest and realistic ..

[ukrules]

48 minutes ago, richard_smith237 said:

Someone was prepared to pay you to do a job which you can no longer carry out. 

 

It would be respectful if you could provide as much notice as possible, by acting professionally and by offering a sufficient explanation you loose nothing, but potentially gain understanding and hopefully don't lose the respect of a future employer (if you were to return). 

 

Simply walking out benefits no one. Its just lazy. 

 

Employing someone with false promises of a work permit is illegal and completely unprofessional, this person (who did the hiring) should be arrested and fired from their job.

[richard_smith237]

17 minutes ago, DipStick said:

"Someone was prepared to pay you to do a job which you can no longer carry out " REALLY ? How about someone was prepared to hire you illegally without the required visas and permits.. Question, if the immigration raided the school, who would they arrest the school principal or the not so innocent illegal worker ..

Mr Smith get your head out of the sand and be honest and realistic ..

 

The Op is resigning... for personal reasons, not for the treatment he is receiving. The Op is not about to face an immigration investigation in to the School he's working for.

 

There is nothing wrong with showing some humility and professionalism.

 

I like your user name... quite apt. 

 

 

[Rhys]

Sanctions---Start with the Personel department head...

 

[richard_smith237]

5 minutes ago, ukrules said:

 

Employing someone with false promises of a work permit is illegal and completely unprofessional, this person (who did the hiring) should be arrested and fired from their job.

 

With so many people prepared to simply get up and walk out, its hardly surprising that the school are taking short cuts. 

I don't support this and believe the Work Permit process should be made much easier, especially for 'qualified' teachers...

Equally so I don't support unprofessional behavior... just leaving without notice is unprofessional, the Op has asked for advice, this is the best advice I feel he can receive - leave on professional terms. 

[Rhys]

 

 

 

When it is possible, yes leave on the best terms possible... Give them time, when possible, resignation letters to the people that made the offer and wish them the best. 

However,  when it does not go that way, runners, KMA, adios, and the out of dodge gambits, sadly play out...

[Scott]

Labor laws are in effect whether you are employed legally or not.   I was told by an immigration officer once, that immigration gives a fair amount of latitude with new teachers.   The vast majority of teachers start work without a work permit or the proper visa.   As long as the paperwork is in process, immigration will not generally take action unless there are other reasons to do so.

 

In the case of someone leaving a job, it is always a good idea to let your employer know in writing that you have to leave due to a family emergency.   Most employers will be understanding.  

 

I have encountered this on more than one occasion and when notified, the employer paid the wages due and the employee is allowed to go.   The problem arises when they have paid for the processing of the work permit (or money for the visa, although most don't pay for the visa).   Employers may want the money back or taken out of money earned.  

 

Let them know and best of luck.  

[ExistingUser]

I have talked to the people here at school but one told me that I will pay for a month's salary for breaking the contract. Oh my -.-

[stubuzz]

2 hours ago, ExistingUser said:

I have talked to the people here at school but one told me that I will pay for a month's salary for breaking the contract. Oh my -.-

What they mean is they want to exploit you for another 2 weeks.  Grow some balls and walk.

[tonray]

3 hours ago, ExistingUser said:

I have talked to the people here at school but one told me that I will pay for a month's salary for breaking the contract. Oh my -.-

Is it in the contract ? What does it say about penalties....they cannot make things up as they see fit. However, if it is in there...and you signed it...then you either need to man up and take your medicine or run fas can.

[KhonKaenKowboy]

Depends on when payday is....but as someone with an 800 credit score, I would get paid, then leave.  Losing a few days in June would be a smaller price to pay than a whole month.  You won't be using them as a reference anyway.  Happens all the time.....of course if you actually are coming g back in a few weeks, you could use it as a chance to get a visa, and if you actually have a valid reason, the school might bite...but I would get paid first and not tell anyone.

[Hereinthailand]

No such thing as a legal contract here for falangs, its only good for the school when they dont need/want you anymore. If you want to get paid, wait until the money is in your account then leave. I used to believe it was unfair to run out on an employer leaving them to find another teacher but after seeing so much dirty underhanded crap from schools here dished out to falang teachers over the years I say screw em they can find another sucker to take their underpaid overworked job.

[Loaded]

I always advise it's better not to burn bridges. I am aware that the Labour, Immigration and Education offices are aware of foreign teachers who have non-imm Bs and work permits and then disappear after pay day. What I hear is that they are very far from happy about this.

 

I know that some land borders already require a non-immigrant B visa extension cancellation letter from the employer, if the non-imm B extension hasn't expired,  before they allow the foreigner to leave the country. I expect there to be a clampdown on foreigners leaving their schools without giving notice so this may be extended to all land/air borders. In addition, I expect better communication between government offices - IE a universal blacklist.

 

However, the labour office is supportive of teachers who have been poorly treated or not paid. My advise is to visit there first whenever there's a dispute with the school that cannot be resolved by discussion and compromise.

 

The reality is that foreign teachers leave at the drop of a hat for a whole range of reasons that aren't always related to perceived mistreatment.

 

[KhonKaenKowboy]

He stated he is on a TV, and obviously doesn't have a WP.  But, yes, there is another step involved in leaving the country, for those who do have them.  It looked to me like  shakedown for taxes.

[Scott]

Taxes aren't paid until the person has a work permit.   Until the work permit is issued you are somewhat of a 'ghost' in the system.  

[ozmeldo]

Most if the usual suspects here should know better.

 

Yes, the op is technically illegal, so is virtually every teacher in Thailand when they start a (new) job. I see no indication that the school has acted inappropriately and therefore my advice would be as Sheryl's and that is, look to the contract. Given its the first month I'd bail.

 

Will you be paid? Doubtfully.

So should you just bolt? If the working conditions make the place largely unbearable, perhaps. The school has done little at this juncture, I'd not worry especially if you're leaving due to conditions. They know the drill. Don't ask accommodation for leave unless its an exceptional jib. Most schools do not make exceptions, they will consider you gone. A weeks notice in this case is ok imo, we are at month's end anyway.