For employers: How can an employer terminate a foreign employee’s employment contract without breaching the law?

       If an employer wants to cancel the employment of a foreign worker, or if the employment contract has expired, or if the employee resigns, The employer must submit a request to cancel the work permit at the Office of Foreign Workers Administration, Department of Employment, in the working area in either Bangkok or the Provincial Employment Office.  The request for revocation of a work permit can be carried out in two cases, as follows:

In the first case, the employer must prepare the following documents: 

• Two copies of the work permit cancellation notification signed by the employer, together with a copy of the original work permit, a copy of the establishment registration certificate, such as a company juristic person certificate (not older than 6 months), school establishment license, certificate of juristic person of the foundation, etc.; 
  
  
• A copy of the employer's ID card (Thai) or a copy of the employer's work permit (foreigner), Power of Attorney from the employer affixed with a duty stamp of 10 baht and a copy of the recipient's ID card, in case the employer does not come to proceed in person. The employer must cancel the work permit within 15 days from the date that the foreign employee stopped working with the employer.  Late submissions are subject to a fine of up to 20,000 baht.

In the second case, foreign employees are required to prepare the following documents:

• Two copies of the work permit cancellation application signed by the foreign worker and 2 copies of the employment termination letter. The original work permit, together with a copy of the Power of Attorney from the foreign employee affixed with a duty stamp of 10 baht, and a copy of the attorney's ID card in case the employee does not come to act in person.

       All copies of documents must be signed.  The employer's documents must be authorized by the authorized signatory to sign and stamp the company seal (if any), or select an authorized person.  Documents of foreign employees must be signed or authorized. 

       In addition, the Department of Employment offers online services.  Employers can now notify the department of the employment of foreign workers and notify the termination of foreign workers through an application named E-Inform. After the work permit has been canceled, the foreign employee must proceed to report “off-duty” (cancellation of work visa / Non-B Visa) themselves at the immigration office. If working in Bangkok, it must be submitted at the Immigration Division 1, Chaengwattana Government Complex, Building B, 2nd floor, or if the workplace is in another province, submit the cancellation at the immigration office in the province where the workplace is located.

Source : Wonderfulpackage
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