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Breaking contract: can employer withhold wages?

 
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Violet85



Joined: 01 Jul 2013
Posts: 6
Location: London

PostPosted: Tue Aug 11, 2015 9:02 am    Post subject: Breaking contract: can employer withhold wages? Reply with quote

Hi all,

Me again, this time with a contract query:
I want to break contract (I don't want to return to my school in September, for a number of reasons) and am looking for another job, however this part of my contract has me worried:

'Either party is required to give two months notice in writing after the effective date of commencement if the party wishes to terminate the employment, or to pay such sum of one month basic salary to other party in lieu of the notice.'

I am giving less than two months notice (mainly because my boss offered me a transfer, and then withdrew the offer a few days ago). Does this mean I have to pay him a month's salary? And if so, can he withhold my final paycheck? I would be unable to pay my rent, if so.

Very grateful for any input.

Regards,

Violet
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kowlooner



Joined: 24 Jun 2004
Posts: 230
Location: HK, BCC (former)

PostPosted: Thu Aug 13, 2015 4:37 am    Post subject: Reply with quote

Quote:
I am giving less than two months notice (mainly because my boss offered me a transfer, and then withdrew the offer a few days ago). Does this mean I have to pay him a month's salary? And if so, can he withhold my final paycheck? I would be unable to pay my rent, if so.

Legally, yes to both (I think), practically, another issue. Actually, I've always wondered how a business can try to collect on that. Anybody seen it happen?

But aren't you subject to those working holiday visa restrictions anyway, one of which requires you to change jobs fairly often? If so, how did your boss get around that?

Good luck.
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