Can Immigration Prevent Us from Leaving Thailand Due to a Labor Court Case?

Feb 15, 2020
5 years ago
Hello Everyone. I need your advice.

My husband owns the company in Thailand and has been operating since 2009.

Now there is one employee sues the company at Labor Court. The mediation will begin in March and we think we won't pay the plaintiff and we're going to fight against the employee in Labor Court.

My questions are:

1. My husband and I will go back home in Austria in April.The plaintiff said that he will make inquiry to immigration office in Saunplu in order to suspend my husband not to go out off Thailand. Can he do and success that?

We consult the lawyers, they said different things.

One said the plaintiff can do suspending by asking the Labour Court and have Judge's order, bring the order to immigration. Another said he can't suspend and so does the Labor Court, because this is not criminal case. Which one is correct?

2. If negotiation failed in mediation process. And the case goes to the court to the Judge.

What will happen with my husband's Non-B visa and my Non-O visa? Both of our visas will be expired in August.

3. My husband (and company) is being sued as defendant. Will any of Thai authority make or keep record his profile and my profile (as a spouse)? If yes. Will it effect our Visas' extension in August and departure from Thailand?

4. Are there any other ways to deal with the plaintiff to stop him not process suspending our travel, his point is if we don't pay compensation to him or fail in mediation process. He said he would fight every process to effect my husband's visa and may be mine too.

5. Please give me any recommendations.

What we concerned the most are visa issues and recording activity issues.

We already consulted lawyers, they said different things. And it costs 5,000-10,000 THB per one consultancy. The current economic in Thailand is not good to make profit to our company, so we're trying to save cost.

Thank you.
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TLDR : Answer Summary
The user is seeking advice regarding the implications of a labor dispute against their husband's company in Thailand. They worry about whether immigration can restrict their ability to leave Thailand based on this case, what will happen to their visas if the case proceeds to court, and if there might be a record kept that impacts their visa extensions. They also express frustration over conflicting legal advice and the costs associated with consultations.
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Tod *********
Most of the questions you're asking are NOT thai visa related (although you did work in the question about how to keep your extensions).

Unfortunately you're on your own. GO to the Labor Board and talk to them. They are totally fair in resolving labor disputes and don't care who owns the company (thai or foreign) or who is the plaintiff. They care about the labor laws only.

YOU need to go to the Labor Office and talk to the people who mediate labor disputes.

Good Luck
Tod *********
IF for some reason you can't get extensions from the company (which if he meets the requirements he should be able to whether the company is in litigation or not) you can get extensions based on being a party in a court case.
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