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UK Work Permit related- Illegal contract?

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uk868
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UK Work Permit related- Illegal contract?

Post by uk868 » Mon Mar 31, 2008 10:43 pm

Hi everyone,

I just resigned from the previous company who offered me work permit 2 years ago.

Currantly, they are not happy that I left the company, and they demands a large amount of penalty from me. Simply because when I started to work for the company, they asked me to sign a contract with some special cluases as follows:

* the employee agreed to work for the company for 4 years fixed. another extra one year if the company wants to renew. under any circumstances, the employee can not terminate the contract by giving any notice.
* under any circumstances, the company can give the employee a diffrent lentgh of notice to terminate the contract within 4 years.
*if employee has special arrangement, like getting marriaged in another country, family sickness in home country, etc.. that make employee has to leave the company, the employee agrees to pay £**** penalty to the company, as replacement fee for overseas advertisement on the position at the time the company hired the employee.
*such a penalty if the employee is not capable to pay, the parents should pay for this fee without any failure.

By having said that, I was referred by a friend of mine. and I transfered my previous work permit to this company. I had to pay a fee to the company-appointed solicitor for the work permit application.

I feel that the contract is illegal. the company took advantage of me by signing the contract without leaving them. I had to sign it to get the work permit at that time. The above cluases were not negotialbe.

Currantly, the company desires the penalty fee from me, as they say I signed the paper 2 years ago. I want to ask, is this contract legal or not? Do I protected by uk employment law, even the contrac is illegal in any sense?

Please help.

thanks in advance.

paulp
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Joined: Sun Aug 19, 2007 9:34 pm

Post by paulp » Mon Mar 31, 2008 11:10 pm

Would the Citizen's Advice Bureau be able to help you?

uk868
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Posts: 16
Joined: Sun Oct 21, 2007 12:08 am

Post by uk868 » Tue Apr 01, 2008 7:30 pm

paulp wrote:Would the Citizen's Advice Bureau be able to help you?

never thought about that. thanks

Wanderer
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Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Post by Wanderer » Tue Apr 01, 2008 7:46 pm

That's well illegal!!

Not enforceable mate, fook em....
An chéad stad eile Stáisiún Uí Chonghaile....

try-one
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Posts: 427
Joined: Fri Sep 24, 2004 1:57 pm
Location: London

Post by try-one » Tue Apr 01, 2008 8:26 pm

Not enforceable;
You can write anything on a contract; a whole different thing is what you can actually enforce!

look for advise and quickly show them that this is the end of the matter; 4 years without change is not logical!
-------------------------
Life is a journey, not a destination (S. Tyler)

John
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Location: Birmingham, England
United Kingdom

Post by John » Tue Apr 01, 2008 10:32 pm

I feel that the contract is illegal
I suspect that it is not so much illegal, but as already pointed out, unenforceable. That is, if they tried to sue you in Court for the money, they would lose.
John

uk868
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Posts: 16
Joined: Sun Oct 21, 2007 12:08 am

Post by uk868 » Thu Apr 03, 2008 10:20 pm

John wrote:
I feel that the contract is illegal
I suspect that it is not so much illegal, but as already pointed out, unenforceable. That is, if they tried to sue you in Court for the money, they would lose.

Thanks for the notes, everyone!

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