On the 10th of May 2018, the Department of Employment (DoE) has published a letter to address the scope of the Work Permit under the Emergency Decree on Foreign Employee Management B.E. 2561 (the “Decree 2018”). It especially elucidated the question whether a foreigner who has been granted a Work Permit once is able to work in another type of work, for another employer, at another workplace or work condition in Thailand.
In March 2018 the Thai cabinet approved the amendments to the Royal Ordinance on the Management of Foreign Workers Employment B.E. 2560 (2017). The amendments were published on March 27, 2018 in the Royal Gazette and are known as the Royal Decree on Managing the Work of Foreigners (No. 2) B.E. 2561 (the „Decree“).
What are the definitions of “termination” and “lay-off”?
Termination of employment is an employee’s departure from a job. Termination may be voluntary on the employee’s part, or it may be at the hands of the employer, often in the form of dismissal (firing) or a layoff.
What are the definitions of “termination” and “dismissal”?
Termination of employment is an employee’s departure from a job. Termination may be voluntary on the employee’s part, or it may be at the hands of the employer, often in the form of dismissal (firing) or a layoff. Dismissal or firing is generally thought to be the fault of the employee, whereas a layoff is generally done for business reasons (for instance a business slowdown or an economic downturn) outside the employee’s performance.
A warning letter is useful to confirm and address a performance or conduct issue with an employee. Such performance issues may include, for example:
- violating work rules or regulations or disobeying the employer’s orders;
- continuously coming too late to workplace;
- insults against employer or colleagues;
- too frequent sick leave;
- alcohol on workplace;
- unexcused absence;
- work refusal;
- poor performance; or
- unauthorized secondary employment.
You usually issue a warning letter to the employee after meeting with them to discuss the problem. Following this process can help resolve issues before the situation becomes worse.
There is no legal requirement to provide formal written warnings or a certain number of warnings. However, to determine whether an employee was unfairly dismissed, the Labor Court will consider if the employee was:
A common question that we are frequently asked by clients who work in Thailand as foreigners and under a work permit, is whether their visa will expire if an employment in Thailand ends.
In that respect it should be noted that although work permits are usually granted for a one-year term, their validity will be tied to the validity of the foreign national’s visa at that time. Therefore, a typical one year visa extension will expire within seven days after the work permit expires. However, a regular non-immigrant B visa (with 1 year duration but only 3 months permissions to stay) will not expire in this way but continue to be valid until its normal expiration date.