What to do if a migrant worker resigns after the employer has paid for documents?

It's a common issue for almost every employer: paying for work permit renewal, health checks, and document processing, only for the employee to resign or disappear after a few months. The question is: What are the employer's legal duties now, and what actions are prohibited?

Summary in 30 Seconds

• Notify the registrar within 15 days using form BT.52 — Failure to notify incurs a fine not exceeding 20,000 baht.
• Do not confiscate passports or deduct document fees from wages yourself, regardless of the amount spent.
• You do not need to wait for a "notification of resignation" from anyone, and the new employer does not need to request it from you.

First Thing to Do: Notify the Registrar Within 15 Days

When a migrant worker leaves employment, the employer has a duty to notify the registrar within 15 days in accordance with Section 13 of the Royal Ordinance on the Management of Migrant Worker Employment B.E. 2560 (as amended by the second edition B.E. 2561) — Failure to notify carries a penalty of a fine not exceeding 20,000 baht, according to Section 103

This is where employers most often incur unnecessary repeated expenses, as they lose an employee and then have to pay a fine, even though the notification only requires a single BT.52 form.

If the employee disappears without notice, notify immediately once you are certain they will not return. Do not wait for 15 days to pass before starting to count, as the start date for counting in such cases can be interpreted in various ways. Notifying early incurs no penalty; notifying late incurs a penalty.

Absolutely Prohibited Actions

• Do not confiscate the employee's passport, work permit, or identification card, whether to prevent them from fleeing or to guarantee the return of document fees — besides being a legal risk, this is also considered by inspectors to be a potential act of human trafficking, which is a different level from a monetary dispute.
• Do not arbitrarily deduct document fees from wages. Wage deductions are subject to limitations under labor protection laws. If you wish to reclaim anything, consult the local Department of Labor Protection and Welfare first.
• Do not allow them to "remain in your system". Failure to notify their departure means that, in terms of registration, they are still your employee. The problems that follow are not just fines, but also include issues arising from individuals you no longer control.

When Can an Employee Work Elsewhere?

A migrant worker who has left employment must start working with a new employer within 60 days from the date of termination with the previous employer (according to the current amnesty period announcement). The employee themselves also has a duty to notify the registrar of the new employer within 15 days, in accordance with Section 64/2, using form BT.55 — this is a separate duty from the employer's notification.

If You Are the "New" Employer About to Hire Them

There is a misunderstanding that causes many cases to be delayed for months: You do not need a "notification of resignation" from the previous employer to hire a migrant worker.

A letter from the Department of Employment, Bureau of Migrant Worker Administration, dated August 20, 2568, clearly states that notifying the departure of a migrant worker is the duty of the previous employer, not the employee or the new employer. Requesting documents beyond what is legally required constitutes an abuse of authority. If an official requests a notification of resignation, you may refer to this letter. Detailed steps are available at Changing Migrant Worker Employers 2569

However, MOU groups during the first 2 years and some Cabinet resolution groups still have conditions regarding "reasons for changing employers", separate from document requirements. For this part, confirm with the Department of Employment on a case-by-case basis.

Repatriation Costs to Home Country: Who Pays?

When a work permit expires according to Section 53 or a contract term ends according to Section 55, the person authorized to bring in a migrant worker or the last employer who provided a guarantee, according to Section 46 or 52, is responsible for the repatriation costs — the term "last" is why timely notification of departure is more important than one might think.

How to Reduce Future Damages (Without Binding Anyone)

1. Make a written employment contract clearly stating the position, wages, benefits, and duration. Most disputes arise from a lack of documented agreements.
2. Keep copies of all documents yourself — copies with you, originals with the owner. This is the safe and legal way.
3. Set reminders for everyone's deadlines in one place, including document expiration dates and the 15-day notification deadline.
4. Take good care of basic needs — accommodation (don't forget to report accommodation within 24 hours), timely wage payment, social security. Migrant workers who frequently change jobs often do so because of these issues, not because there's nothing binding them.
5. Know the true per-head cost before deciding to pay for documents — see Annual Cost of Hiring One Migrant Worker and budget for it from the start.

Misconceptions That Cause Employers to Incur Repeated Expenses

• "Keep the passport for now, he'll come back" — Besides being illegal, this is also considered by inspectors to be a potential act of human trafficking, which is a different level from a monetary dispute.
• "Haven't notified his departure yet, just in case he comes back" — As long as you haven't notified, he is still your employee in terms of registration, and you are still the last employer in the eyes of the law.
• "Must wait for the old employer to issue a notification of resignation before I can hire him" — Not necessary. Requesting documents beyond what is legally required constitutes an abuse of authority.
• "He resigned himself, so it's no longer our concern" — The duty to notify belongs to the employer and does not disappear because the employee initiated the departure.

Checklist for the First 24 Hours After Knowing They Won't Return

1. Note the last day they worked — this is the starting date for the 15-day deadline.
2. Prepare form BT.52 and submit the notification of departure. Do not wait for the deadline to start.
3. Gather copies of their documents that you have kept. Check that no originals are still with you.
4. Check if there are any outstanding wages. If so, pay them in full. Do not offset them against document fees.
5. If unsure what else needs to be done for this case, call the Provincial Employment Office or hotline 1506 press 2.

Frequently Asked Questions

If an employee disappears without notice, from which day do the 15 days count?

The start date for counting in such cases can be interpreted in various ways. The safest method is to notify immediately once you are certain they will not return. Do not wait for the deadline — notifying early incurs no penalty; notifying late incurs a penalty.

Can an employer reclaim document fees already paid?

Wage deductions are subject to limitations under labor protection laws and cannot be arbitrarily deducted. If you wish to reclaim anything, consult the local Department of Labor Protection and Welfare before proceeding.

What is the penalty for not notifying departure within 15 days?

A fine not exceeding 20,000 baht, according to Section 103 of the Royal Ordinance on the Management of Migrant Worker Employment B.E. 2560 (as amended by the second edition B.E. 2561). See other penalties commonly faced by employers at Employer Penalties

Within how many days must an employee start a new job?

60 days from the date of termination with the previous employer, according to the current amnesty period announcement. They themselves must also notify the registrar of the new employer within 15 days using form BT.55. Read more at What to Do if You Cannot Change Jobs

If they work elsewhere without notification, what are our risks?

As long as no departure notification has been made, you are still the employer in terms of registration, and the term "last employer" is why timely notification is more important than one might think, especially regarding responsibility for repatriation costs to the home country.

Let Us Manage Your Transition Documents

The Exworker team handles both departure and arrival notifications. See details at Migrant Worker Employer Change Service. If you are still unsure what needs to be done for your case, feel free to contact our team.

References: Royal Ordinance on the Management of Migrant Worker Employment B.E. 2560 and its second edition B.E. 2561 · Letter from the Department of Employment, Bureau of Migrant Worker Administration, August 20, 2568 · Current Ministry of Labor amnesty period announcement · Data as of August 22, 2569