If the employment contract is terminated or resigned, what should both the employer and employee do?

When it has any change in the work of employees, whether the employer terminates, employment, end of the employment contract, or an employee resigns, how should both the employer and the employee take legal action?

The Wonderful Package would like to advise you about the information and procedures for canceling a Work Permit and a Work Visa.

First of all, when there is a change in the duties of the employees according to the above information, both employers and employees must notify to cancel a Work Permit at the Employment Division first. Then proceed to report off-duty (Cancel Work Visa / Non-B Visa) at the Immigration Bureau. Both of these processes can be completed within the same day.

The request to cancel a Work Permit can be done at the Foreign Workers Administration Office, Department of Employment in your workplace. For example, a company located in Pathum Thani Province, you have to submit to the Pathum Thani Employment Office, or the company is located in Bangkok, Sai Mai District, you have to submit to the Employment Office of Bangkok, Area 5, Min Buri, etc.

Request to cancel a Work Permit can be divided into 2 cases as follows.

Case 1 Employers do it themselves

1. A Work Permit Cancellation Letter and the employer is the signatory with 2 copies together with a copy.
2. Original Work Permit and a copy.
3. Copy of Company Registration Certificate, such as Corporate Certificate (not more than 6 months), School License, or Foundation Certificate.
4. Copy of Employer ID Card (Thai) or Copy of a Work Permit of employer (Alien)
5. Power of Attorney with 10 Baht Revenue Stamp together with Copy of ID Card of Grantee. (In case of If not proceed by yourself)

The employer must notify the cancellation of a Work Permit within 15 days from the date that the alien worker does not work with the employer. If submit late, there is a fine of up to 20,000 baht.

Case 2 Foreign employees do it themselves

1. A Work Permit Cancellation Letter and the alien is the signatory with 2 copies together with a copy.
2. Two copies of Employment Termination documents.
3. Original Work Permit and a copy.
4. Power of Attorney with 10 Baht Revenue Stamp together with Copy of ID Card of Grantee. (In case of If not proceed by yourself)

All copies of documents must be signed.

• The employer documents, the authorized signatory have to sign and stamp the company seal (if any) or the attorney.
• Documents for alien employees have to sign or attorney.

Things to know:

• The Department of Employment currently has an online service. The employers can notify the employment of aliens and notify the Aliens off-duty through the application named E-Inform. It can be downloaded from the Google Play Store and App Store.
  If the violation does not proceed within the period specified by the law shall be punished with a fine not exceeding 20,000 baht.
  https://bit.ly/2ZouiCT

After canceling a Work Permit, alien employees are required to report off-duty at the Immigration Bureau by themselves.

• The workplace is in Bangkok, you can submit at Immigration Division 1, Chaeng Wattana Government Center, Building B, and Floor 2.
• The workplace is in other provinces, you can submit at Immigration Bureau in the province where the work is located.

Supplementary documents for notifying aliens of their off-duty are as follows

1. Letter to the Immigration Bureau to notify aliens of their off-duty (Must specify the date of leaving. If the leaving date is not specified, it will be considered to leave the job on the date of issue of the letter) and signed by the authorized director or limited partnership.
2. A copy of Company Registration Certificate or Registration of a Limited Partnership certified copy of registrar, not over than 6 months.
3. A copy of the latest month's Withholding Income Tax (Por. Ngor. Dor. 1) certified by the Revenue Department's registrar.
4. A copy of the ID card or passport of the authorized directors with the signature and certified true copies.
5. Passport for Alien Employees off-duty. (The officer must stamp off-duty on their passport book)
6. Original Work Permit of Alien Employees who off-duty.

Things to know:

• If the Alien worker is not stay in Thailand (Traveling out of the country), the employer must be responsible for submitting notify Aliens off-duty on behalf of the employee.
• Notification of Aliens off-duty can be submitted 21 days before the end of the work specifying the date of leaving in the letter (item 1 above) such as the last day of work on June 21, 2020, the employer can notify off-duty from 1 June 2020 onwards.
• Documents supporting the notification of Aliens off-duty above (6 items) cannot submit at the Chamchuri Square Office or Immigration Bureau in upcountry areas because the power of Immigration Bureau in each area is different. Therefore, it is recommended to call to inquire for information from the Immigration Bureau officers in that area before submitting the documents.

When the cancellation of a Work Permit and the notification of Aliens off-duty are completed, a Permission to stay in the Kingdom for work of an Alien worker and their family who have the right to follow will end immediately. The Aliens and their family must leave Thailand within 24 hours.

If you have any questions, queries, or need any advice, please contact the Wonderful Package. We have a team who willing to give advice and ready to serve you all the time.

Thank you for information from :

• Immigration Bureau https://bit.ly/2LGsdKn
• Department of Employment, Ministry of Labour https://bit.ly/36dUb9W

The relevant articles :

• I want to know... How to apply for a Visa Non-B?
• Did you know that if you have Visa Non-B but you don’t have a Work Permit, you can’t work in Thailand!! 
• Foreign employees change a company, what is the process?

如果劳动合同到期或辞职，雇主与雇员需要怎么处理？
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