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0

It is a math decision and I think it is clearly saying you should stay. From what I understand, it will take you 18 months to complete your additional education. Even if you got a job right after your education is complete, you will only have 6 months left on this 2 year contract. With the two year contract you will earn an extra 12% per year, or a total ...


1

There is an unpleasant, but rather popular practice in Europe to include illegal and unenforceable clauses in a contract between unequal parties and also a clause stating that if a clause is found illegal and/or unenforceable, the remaining of the contract still holds. The burden of getting the unlawful clause to the court is on the side not liking it (and ...


6

Adding the legal sources of the work time part of the question to the other answers, but since I'm not a lawyer, I only cite the sources (in german), with a short, possibly incorrect translation. Source is the Arbeitszeitgesetz (ArbZG) ("work time law"): § 3 Arbeitszeit der Arbeitnehmer Die werktägliche Arbeitszeit der Arbeitnehmer darf acht Stunden ...


13

Investigate the following: Why they are so interested in locking you in? Is it just something they do with all employees? Are you going to be stuck on some crappy legacy project? Are you about to start a time sensitive project where they do not want delays? Will you be handling corporate secrets, so they do not want you jumping ship? Are there just a few ...


2

The answers above are half or fully wrong. First of all you have to distinguish between a "worker" position or a management position (that was correctly stated). Up to a certain amount a manager my be required to do overtime, without compensation (for a limited period of time). BUT: usually that is compensated with free time (not by law, but by contract ...


185

Both statements have been in courts and both have been ruled illegal and unenforceable. Overtime can be included in the "basic salary", but only if you are in management or similar positions where your basic salary is good enough anyway (currently >76.200€ p.a.). In addition, overtime can not be generally included, because basic contract law says you cannot ...


7

As far as the first statement goes, this is part of a lot contracts, but if you decide to take them to court probably wont stand, since this is not legal, a legal phrasing would be something along the lines of. As far as the operational conditions require, overtime is to be worked. Overtime working is already fully compensated up to N hours with the ...


2

Upon speaking with our HR, project-based employees will also receive their 13th month pay. We will just be getting it late compared to regular employees. I'm glad we are also covered in this. It seems that all employees(regardless of the nature of employment) are covered in this bonus, as stated in the link that I attached in my question. Thanks!


3

Now my boss and the contact person of company B separate want me to explain my point of view. I hope you're being paid for that time. My question: What could follow for me from this? Possibly a bad reference. That's it. What duty have I after the end of the contract? Nothing (unless you signed a weird contract promising delivery). In other ...


2

As i see it, your only responsibility is according to your contract (for example notice period) If you work per hour with your employer, this is what you should be paid. To your employer`s customer you have no fiscal obligations. Customer can always be grumpy regarding the cost of their purchase - (everyone would like to get everything for free and ...


6

You personally can't normally be forced to finish the product. What your employer A might offer, is for you to get some extra payment to finish the product. But unless you have it written down in any kind of contract, A has no right to demand your working hours. If B or C are forced to pay anything at all, or A finds someone else to finish your task (which ...


3

You have a contract. The fact that your employer didn't tell you "goodbye, don't come back", and the fact that they allow you to come in and work, mean that you have an implicit contract. The terms of an implicit contract are a bit hard to determine, but it agrees with your countries laws (so they have to pay you sick pay if you get ill), and if it went to ...


1

A lot depends on the legal framework. I'm unfamiliar with the legal framework in the Philippines, so I can only offer general advice. I'll start out with an example, so that you know what kind of things to look for. In the Netherlands a contract does not 'renew automatically' and you should sign a new contract. An employer is legally obligated to tell you ...


1

You do not work until there is an active contract in place. In fact, it might even be illegal to work without a contract. I could even imagine a scenario in which you unintentionally perform some mistakes/malpractices during your daily work routine, and since formally you're not even employed there, the company could throw you under the bus and demand you ...


4

In the situation you describe, it is better to prepare for the worst. That means, start looking for new (better) jobs. Whether you will remain at your current job, or you will go to a new one, will only be a matter of choosing the better option. What is better? You need to find the answer yourself ;) If you wait until the end of the contract, you risk ...


0

Yes, if your employer overpays you by mistake, you have to pay them back. This is enshrined in a lot of case law. Attempting to challenge it is a waste of time. It's worse than that, because by pointing out the lack of tax and NI deductions you are in effect asking them to pay your taxes for you. Had you, and they, done nothing you would have had to pay ...


0

After your edit the answer is clear: In your particular case, you could reject the change to your contract. And many of your colleagues did. Or you could give in, accept the change, get actually much worse conditions than were announced, and kick yourself for not speaking up. Which the rest of your colleagues did. Lesson to be learned: Stand up for ...


-4

You would not have an accountant as this was paid as a PAYE payment as an ex-employee. The settlement was not backpay but a withdrawal and confidentiality payment. The approx.40k was the tax supposedly to be paid on the settlement amount. the company used a number of tactics to ensure I closed down the claim. the error was pointed out by myself, under HMRC ...


11

Am I missing some fine print somewhere that allows a company to reassign job duties without the consent of the employees? I do not have a formal employment contract, but I did receive an offer letter that stated salary and job duties, which I assume is the de facto employment contract In the US, your offer letter does not contractually guarantee ...


2

The key point is to look what is written in your work contract. If it is very specific about your role than you only have to do what is described there. It is a lot more common though that the job description is very general, so you usually have to go along with changes in the organization. That being said, your job has to at least roughly fit your ...


2

employer changes your job duties following a departmental reorganization Well, it was documented many times that jop duties sometimes change even before starting work, after getting hired. The interview goes in one direction, and the actual job might prove to be different. So what you described is a bit wider topic than you presumed initially, even though ...


3

Is it regular not mentioning the paid per hour in the contract? An NDA (Non-Disclosure Agreement) is not an employment contract. The NDA doesn't include salary information. Should I ask for a modification to my contract? The employment contract (or offer letter) itself should include salary information. If it doesn't, you should ask for it to be ...


34

An NDA is a Non-Disclosure Agreement, which legally prohibits you from discussing anything that the company is doing during your employment. You may be required to sign this NDA before any employment contracts are issued. You should not expect to find any Employment Contract details, including any details of your post or Salary, inside the NDA - it's not ...


4

You can always ask. They can always say "no". The one thing you can not do is demand unless you're willing to forego your promotion. If they say "no", see if you can narrow down the geographical area they have in mind. Will they want you to move to Shenzen, China? South Korea? Florida? If you do sign that clause and they relocate, you may forego your ...


0

Am I within my rights to ask them to remove that clause before I accept the promotion? You are always within your rights to ask. They are within their rights to decline your request. So before you ask, decide how you will react if they say "No".


0

I don't know about UK, but as an example in America I seen cases where waiters/waitresses are told to pay the tab of anyone who gets up and leaves without paying. Doesn't matter if it is due to malice or if it is simple forgetting. One thing is unclear though on who gets access to the registry. If anyone can open it, I would be sure to raise concerns over ...


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The situation in the UK with regard to deductions for mistakes is somewhat complicated. Here is a page that discusses the legalities of it and another page by ACAS. What is certain is three things: They cannot reduce your wages below minimum wages for any reason They cannot deduct more than 10% of your wages for mistakes (though they can deduct 10% ...


0

I would read it like this: Your manager overstepped his bounds, and HR tries to back-pedal, but right now has not (yet?) gotten the formal OK from somebody up the chain to cancel this. Anyway, the communication surrounding the issue is completely ridiculous to say the least. Look for a new job, if the general job situation in the region is good; work during ...


0

Using a fake contract termination as a leverage tool doesn't seem moral, fair or even legal to me, It is not a fake contract termination. I don't know the precise terms of the contract, but it seems to me that the proper steps to terminate it have been taken: it has been communicated to you and the proper notice period has been used to calculate your last ...


0

What am I liable for if I send a letter rescinding an employment contract i signed? Succinctly, you are liable for whatever the contract stipulates in case of resignation; within the limitations of the law if your culture has laws to limit these demands. Some cultures (e.g. mine) disallow any notice period that is longer than the time having been employed. ...


3

Question: Do you want to stay, or do you want to leave? If you want to leave, then they have given you notice, and that can’t be undone unless you agree. Same if you give notice because you are angry about something; once you give notice your job is gone unless the company agrees. So if you don’t want to stay, you tell them that you accepted the notice and ...


15

This seems like a fairly unethical employer which I wouldn't trust. You may have a little bit of leverage: they want you to serve the notice period so they have more time finding a replacement. I would tread carefully here: they may try to withhold payment or fire you as soon as they have a convenient replacement lined up. I would ask for an written ...


-1

Get it in written that your termination was cancelled You have received a formal termination letter, therefore if you keep working after the notice period, you don't have any proof that your contract is still valid. Get a written confirmation that the termination was cancelled. Try to get it from the manager who signed the termination, so that there is ...


5

Could someone please tell me if I would be liable to pay anything to these people and what should I include in my letter? Only a lawyer and time will tell you if you would actually be required to pay this employer anything due to not giving the required notice. That said, it's seems extremely unlikely to me. Give your notice immediately so that you ...


0

Frankly you are in quite an unenviable position. Signing a bad employment contract that you're forced into out of your own circumstances is quite dejecting. However, if you sign an employment contract, you take on certain obligations to your employer. You've told the employer you have no issues with lifting 30 lbs constantly (if 50 lbs was a subject of the ...


4

If a company wants money from you for quitting, they have lost all my sympathy. You give them notice. And when they ask you to pick up fifty pounds, you say that you can't do that. You have health problems that don't allow you to pick up more than 20 pounds. They can't force you. If they try to make you lift fifty pounds, after you told them you have ...


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