Steps for Employers When a Migrant Worker Fails to Complete a Two-Year Contract

If a migrant worker terminates employment before completing the contract, the employer must follow legal procedures to minimise risks and prevent future complications. The required steps are as follows:

1. Notify the Department of Employment (DOE) of Employment Termination

  • Submit notification within 15 days after employment ends.
  • File Form Jor Jor 1 (จจ.1) or submit the notification via the e-Work Permit system.

 

Required Documents:

1. Copy of the employer’s ID card
2. Copy of the company’s business registration certificate (if applicable)
3. Copy of the worker’s Work Permit
4. Resignation letter or termination notice (if available)

2. Report Worker’s Departure from Accommodation to the Immigration Bureau (IB)

  • Must be reported within 24 hours after the worker vacates the residence using Form TM.30
  • Submit the notification at the local Immigration Office or via the Immigration Bureau’s online system.

3. Return the Work Permit to the DOE

  • The employer must collect the worker’s Work Permit and return it to the Provincial or Bangkok Employment Office that issued the permit.

4. Notify the Social Security Office (SSO) of Employment Termination

  • The employer must submit Form SSO 6-09 (สปส.6-09) to terminate the worker’s social security registration within 15 days.
  • The worker’s social security benefits will remain valid for up to six months, covering medical expenses and child support benefits.

5. Repatriation of the Worker (If Contract Ends Early Under MOU)

  • The employer is responsible for covering repatriation costs as per the MOU agreement.
  • If the worker fails to return, the employer must inform the Immigration Bureau (IB) for further legal action.

6. Issuing an Employment & Contract Termination Certificate

  • Provide a Certificate of Employment for the worker as a future reference.
  • If disputes arise, compensation should be determined according to Thai labour law (if applicable).

Precautions

  • If the employer fails to notify the termination of employment and the worker absconds, the employer may be fined up to 100,000 Baht under the Alien Employment Management Act B.E. 2560.
  • If the worker overstays their visa without notifying the Immigration Bureau (IB), the employer may be penalised under the Immigration Act B.E. 2522.

 

**Summary of Employer’s Responsibilities When a Migrant Worker Leaves Before Completing the Contract**

  • Notify the termination of employment (Form Jor Jor 1) within 15 days.
  • Report the worker’s departure from accommodation (Form TM.30) within 24 hours.
  • Return the Work Permit to the Department of Employment.
  • Notify the Social Security Office (Form SSO 6-09) within 15 days.
  • Cover the cost of the worker’s repatriation (if applicable) under the MOU system.
  • Issue a Certificate of Employment Termination for the worker.