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Foreign Employee's Right of Notice on Work-Permit Cancellation
Foreign Employee v Employer
Composite summary — not a single reported case. This entry distils a settled line of Thai Supreme Court (Dika / ฎีกา) authority for legal education. It is not a transcript of one reported judgment, and the heading is not a citable case number. Do not cite it as specific case law — consult a Thai-qualified lawyer for the authoritative Dika number and current application.
Facts
Employer cancelled the work permit on dismissal, triggering immediate departure obligation; employee challenged the absence of reasonable transition period.
Legal Issue
Whether employer must provide reasonable notice / wind-down period before cancelling work permit.
Holding
Supreme Court has consistently held that work-permit cancellation procedure must follow Foreign Working Act rules and respect employee's reasonable wind-down period; failure can ground a separate civil claim.
Reasoning
Foreign Working Act B.E. 2551 sets a regulated framework; employer good-faith duty extends to cooperation with departure logistics.
Significance
Foreign-employee protections beyond pure local-labour rules.
Practical Takeaway
Employers should align dismissal and work-permit cancellation with reasonable transition timing; employees should obtain written confirmation.
Cited Statutes
- Foreign Working Act B.E. 2551
- Labour Protection Act B.E. 2541
This entry summarises a representative line of authority from the Thai Supreme Court (ฎีกา). It is intended for general legal education only and is not a substitute for advice from a Thai-qualified lawyer. Individual Dika case numbers are being verified against primary sources; until then these entries are presented as composite doctrinal summaries.
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