Employer problem

ec_struggle · Post by **ec_struggle** » Thu May 08, 2008 9:31 pm

I am in UK under HSMP. I got a job from India in Company 'X' . They want me to work in Company 'Y' as contractor. But Company 'X' will give me a permanent salary. 'X' wanted me to sign a contract for 6 months in bond paper which i didnt signed. But i signed on offer letter.

Now I want to resign from 'X' after 1 month in UK. But 'X' is not allowing me to resign. They are asking for 10000 pounds as settlement amount. They are threatening me saying they will complain to Home office and filing a case criminal note at all port of entries in India if i didn't pay the settlement amount.

I am very much confused on what to do. Can they really do these things???

Please help me on this

Post by **PaperPusher** » Thu May 08, 2008 10:39 pm

Are you a contractor, ie have a contract with them to provide a certain amount of work/product/service, or a salaried employee? Are you working for 'X' still in the UK?

You can get advice from the Citizen's Advice Bureau - they can be very helpful & there is likely to be one in your area in the UK.

My experience of contracts is all they can expect you to pay for breaking the contract is the amount that it costs them because of your actions - you cannot be bonded to them for a ridiculous amount. Offer to pay for advertising etc for your replacement & see what they say!!!!

In the UK all the charges that the banks are paying back to customers is because they gave customers a much larger financial penalty than it actually cost the bank.

The only time I have heard of people having to pay an employer a large amount of money is in the following cases:
- they have had Â£Ks in relocation expenses paid & leave before 2 years are up (but this was in their contract)
- they have had their professional qualification paid for & do not stay for the full two years after qualification (even this I have known to be negotiated)
- they have been sent on a 3 month posting in an oil refinery abroad & them leaving means that the employer cannot arrange a replacement due to the short period of the posting (this was clear in the contract)

Please note that I have done this with landlords etc & got my way, but get advice.

You could be brave, hand in your notice letter (again?) & say "Ok then, see you in court!"

They cannot refuse to let you resign - in the sense that you can just stop going to work! You may have to forget a reference from them though.

They sound like bullies & the Home Office won't care that some bully wants money from you - stuff them.

I am not sure how it works in India - but you are in the UK anyway.

Hope this helps

Before you follow my "stuff you matey" line - you may want to get legal advice!

PP

heretic · Post by **heretic** » Thu May 08, 2008 11:05 pm

From what you have detailed in your post..........

I gather that you are employed by company X (being a UK company or even for that matter an Indian company - with a PE in UK).

So say if your contract with company X requires you to serve a 3 month notice - you will have to do that. You could do a runner and they cant do jack with the HO as you are on HSMP.

If they are contracting you to company Y - this is a contract between X & Y as you are still the employee of X i.e. assuming you are contracted with X as an employee in the first place oral or written!

As for the Â£10,000 settlement - did you sign any where saying that you are bound to then for x number of months or else you will pay then Â£10,000. If not then let them come after you and all they will get is their hands burnt.......

The max your employer can do is not give you a good reference for your next job i.e. if you choose to ask for one!

This is just my opinion and I would advice you to take legal advice.....

ec_struggle · Post by **ec_struggle** » Fri May 09, 2008 12:56 am

PP,

I am a permanent employee with 'X'. Still in UK.

Thanks for guiding me to Citizens advice bureau.

ec_struggle · Post by **ec_struggle** » Fri May 09, 2008 1:03 am

heretic,

I am a permanent employee of 'X'.

They asked me to sign a bond for 6 months which i didn't sign.

But I've signed the appointment/offer letter with 'X'. They also have my passport photocopy including HSMP details.

I am not worried about the reference. I am ready to forget that.

kaushal316 · Post by **kaushal316** » Fri May 09, 2008 2:38 am

Hi,

As long as 10,000k amount is not mentioned in the offer letter that you have signed, you have no problem. They cannot do anything to HSMP as it doesnt belong to them (unlike work permit). As you have mentioned that you dont care about reference, then u dont have to entertain them. Stay firm and quit.

Cheers
Kaushal

ec_struggle wrote:heretic,

I am a permanent employee of 'X'.

They asked me to sign a bond for 6 months which i didn't sign.

But I've signed the appointment/offer letter with 'X'. They also have my passport photocopy including HSMP details.

I am not worried about the reference. I am ready to forget that.

heretic · Post by **heretic** » Fri May 09, 2008 9:46 am

As long as the appointment letter does not mention the bond you are fine............and in any case something ridiculous Â£10K is absurd unless you are on like Â£100K+ contract.............I agree to what PP says about contracts..........

Speak to your local CAB as PP suggested and also some councils have legal advise centres - where you can get certain types of legal advise free. Volunteer lawyers do it......search for them in your area - if you live in Wandsworth PM me and I will direct you to the one in Wandsworth.

Also when you quit if you are not breaking any kind of contractual obligation they are obliged to give a positive reference unless they have a genuine reason to give a negative one.............

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Employer problem

Employer problem