Answered8 years ago

Are schools in Thailand legally allowed to withhold your work permit while traveling abroad?

Work Permit Legal Rights Immigration Thai Labor Law Employer Responsibilities

Jean-Jacques **************

asked Aug 30, 2018

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Good day all! 

I have already read the legislation, however additionally, Id like some public opinion from the informed.

Are schools legally allowed to withhold your work permit? 

Even when you are going to be traveling abroad for the holiday and thus will need to present it to immigration when asked (I've been asked before, and luckily had my previous one). 

Also, what is the smartest procedures in case they continue to withhold despite your request? Report the incident to the labour department or immigration?

Answer summary

The post inquires about the legality of schools withholding work permits from teachers in Thailand, especially when they need it for international travel. Responses clarify that individuals are entitled to their work permits, but employers may also retain them at the workplace. Suggestions for recourse if a school continues to withhold the permit include filing a report with local authorities, which may prompt the employer to comply.

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Lloyd ********

Strange that immigration at an airport or border would ask to see your work permit as it falls outside their remit. That is akin to them asking to see your marriage certificate if you are using marriage as a means of staying here.

8 years ago

Jean-Jacques **************

@Kay****

just incase you’d like to stay informed yourself for your Vietnam trip.

8 years ago

Robert *******

This is the last page of the Work Permit:

8 years ago

Jean-Jacques **************

Thank you. Confirms my judgment too. Appreciate your efforts in the reply.

8 years ago

Robert *******

I read if as: The employee keep the work permit with himself or can store it on the place where he work. a Employer can not withhold your Work Permit just because it it yours. Just show them this picture and ask who is going to pay the fine not exceeding 10.000 Thb if yoú're unable to show it when asked.

8 years ago

Jean-Jacques **************

Indeed, however that clause is what gets me.

",or keep it at the place of work"...does not not mean that the employer who does hold it at work satisfies that part then and thus voids the first phrase before the ",or"

8 years ago

Tod *********

It is YOUR work permit and you're legally allowed to have it. However it does have to be at your place of work too.

I'd say go file a report with the local police station <- which is how things get logged legally here in thailand for further disposition. Usually that's enough to make an employer see you're not messing around.

8 years ago

Jean-Jacques **************

I was hoping you'd jump on this, Mr Daniels.

I don't mind having it with me at all times so that it's at my place of work until after I return.

Would like to avoid the rush before leaving to visit the fam.

8 years ago