Repatriation Costs

[Lockie]

Hi,

I've worked in Singapore for a while now but due to family issues I have to leave to return to the UK.

I have informed my manager but I am wondering about the cost of my repatriation.

In my contract it states that final airfare will be paid for by the employer. However, I am terminating the contract early, so does this still stand?

Is it still the responsibility of the employer to pay my airfare? What is the legal standing of an employment contract if the employee has to terminate the contract?

There is nothing in the contract that talks about termination of contract early or the subsequent costs of flights etc.

Any help given will be hugely appreciated.

Cheers,
Lockie

[x9200]

There is no law governing this so what it in the contract is what you can get.

Without knowing the wording exactly as it is written in the contract it's really hard to elaborate. Does it really use the word "final"?

[Lockie]

Hi,

Yes it does say final.

Final airfare to be reimbursed.

Any further thoughts?

[sundaymorningstaple]

Are you on an EP or an S pass? If EP, you might be on your own. If S pass, the employer has to pay your final airfare back even if you terminate, but you terminate you might be blacklisted by the employer, depending on how long you have worked for them.

[Lockie]

I'm on EP.

I figured I might have to pay for the flight myself as it is me terminating the contract, even though it says the final airfare will be reimbursed by employer.

I'm assuming there is nothing much I can do about this?

[x9200]

iif it comes t the worst you can always try to have it on a pro-rated bases. Whether they grant it is a differnt stroey but at least it would be fair.

[Lockie]

What do you mean by pro-rated?

[x9200]

Say you are going to terminate a 2y contract after 18 months, ask them to pay 3/4 of the airfare.

[sundaymorningstaple]

^^This.

At least it's worth a try. The most they can say is no.

[WillF]

It's likely you're on your own. But I'm curious to know if you've talked to your employers with regards to this.

[Lockie]

Not had the conversation with them. Only recently told them I am leaving sg, which will be in a few months time.

I guess we will talk about it at a later date.

Thanks for advice guys.

[korrpui]

I have another view. The expat contract works in that they fly you here, you do the time and they fly you back at the end of the contract.

Contractually you will be wrong.

This is how contracts work (probably a new concept to a particular poster above here). You agree terms. You both execute "due consideration". All obligations fall when that is done.

You have not finished your contract. If I were the employer, I would be livid. I now have to fly somebody else in at somewhat short notice to replace you. And you would be expecting me to foot the bill for not seeing through your contract?

I believe most HR departments (not just in SG, but globally) will take a very dim view of this. Notwithstanding any highly valid personal issues you may have, fact is you have left the company in a bad position. If your reason is personal, then the company will have every right NOT to reimburse your flight back.

Of course, as above, if you don't ask, the worse is no. I would suggest not even asking. It might just flare a few tempers up in HE / senior management.

End of the day - you would know your company culture best. Do as you see fit.

[Beeroclock]

There is nothing in the contract that talks about termination of contract early or the subsequent costs of flights etc.

can I clarify that your contract has no early termination allowed? Is there any penalty or consequence specified if either party has to terminate early? This part is not clear to me if you are breaching your contract with the early termination, or just disappointing them by not staying the full period but you do have a contractual notice period within which to terminate.

[Lockie]

There is nothing in the contract that talks about termination of contract early or the subsequent costs of flights etc.

can I clarify that your contract has no early termination allowed? Is there any penalty or consequence specified if either party has to terminate early? This part is not clear to me if you are breaching your contract with the early termination, or just disappointing them by not staying the full period but you do have a contractual notice period within which to terminate.

Hi,

There is no mention of termination in the contract at all, other than that, should my work be unsatisfactory, they can terminate the employment with immediate affect. No mention is made of early termination on mine (employees) part.

Again, no mention of penalty or consequence for early termination.

I would assume, because there is no clause about early termination on my part I am not in breach of the contract?

Cheers

[Beeroclock]

There is nothing in the contract that talks about termination of contract early or the subsequent costs of flights etc.

can I clarify that your contract has no early termination allowed? Is there any penalty or consequence specified if either party has to terminate early? This part is not clear to me if you are breaching your contract with the early termination, or just disappointing them by not staying the full period but you do have a contractual notice period within which to terminate.

Hi,

There is no mention of termination in the contract at all, other than that, should my work be unsatisfactory, they can terminate the employment with immediate affect. No mention is made of early termination on mine (employees) part.

Again, no mention of penalty or consequence for early termination.

I would assume, because there is no clause about early termination on my part I am not in breach of the contract?

Cheers

no provision for early termination with notice means its a fixed period and you are breaching by ending it earlier than the contract duration. But if there is no specified penalty I think it will be harder for the employer to claim and quantify damages. It really depends how your employer reacts, if they are livid as someone said, or maybe they will be understanding and sympathetic. Worthwhile to bear in mind contractually you are the one breaching , so I would assume you lose the flight back and treat it as a bonus if they give you it (or pro-rate), and in fact you should also feel lucky if you escape without any claim for damages/losses on the early termination.