Job Discussion Forums

biffinbridge · Joined: 05 May 2003 Posts: 701 Location: Frank's Wild Years

Having been in this efl rigmarole for quite a long time, I've come across loads of companies that give you contracts that break local labour laws.Now, it's often the case that you are simply taking a leap of faith when you sign any contract in the UK only to be sent elsewhere-ie, to an oil company in Libya.Here for example,the law states that expats must recieve an annual bonus in lieu of pension rights etc.It also states that you should be compensated if you stay longer than the contractual 65 days....when this doesn't happen, (we're just imagining of course), what do you do especially if the employer's got your passport?I've done runners before but has anyone out there taken their company to court and won financial compensation?It would be interesting to hear some stories.....

Stephen Jones · Joined: 21 Feb 2003 Posts: 4124

The problem often is that you can take the guys to court, but it may well cost you more in lawyers fees than you would get in compensation.

If ther are a few of you then you can pool your legal costs and it becomes worth it.

What normally happens is that when the employer sees you're serious he starts bargaining. He won't lose more than he owes you if it goes to court, but as he's likely to be almost certain to lose he'll be prepared to cough up a fair proportion if necessary. If it's a big company you're suing you'll often find the middle management that have made the decision cave in rather than run the risk of there being a scandal. Smaller employers are more likely to work as said above.

This of course only works if he's sane, which you can't guarantee in many parts of the world.

ls650 · Joined: 10 May 2003 Posts: 3484 Location: British Columbia

Quite often the employer knows who to bribe locally so that the case is strung along. It can be very difficult to win such cases.

moonraven · Joined: 24 Mar 2004 Posts: 3094

Yes, in Mexico those cases end up at the local Junta de Conciliaci�n y Arbitraje--where the "lawyers" and Junta adminsitrators stay in their low paid jobs because employers make it worth their while. If, for example, an employer could end up having to pay you 50,000 pesos (4,500 dollars) it's much easier for him/her to give 5,000 pesos (450 dollars) to either "your" lawyer or to one of the Junta administrators. If and when the case finally is "decided"--which can easily take 3 years or more--you will lose on a "technicality".

Stephen Jones · Joined: 21 Feb 2003 Posts: 4124

Corruption obviously varies from country to country. I would say it is unknown in labour courts in both Spain and Saudi (though in Saudi the problem is often collecting) and in Kuwait the only case I know of that went to labour court involved IPTEQ and was won by the teachers who left the matter in the hands of their lawyers and got paid a couple of years later when the case hit court.