Legal Notice from Singapore based cosultancy

[garry2361323]

Hi All,

I am facing lot of trouble because of a Singapore based consultancy. They offered me a Job with an MNC in Singapore 2 months back. I accepted the offer and resigned from my current company. Meanwhile my wife health went down and I decided not to come to join Singapore company 3 weeks prior my travel.

I was keeping the consultancy updated about my wife's health regularly on phone so that if i take such decision it should not come as a surprise.

In the offer letter it was mentioned that if I don't join the company then i need to pay 1 month 7800 SGD salary for the losses occurred to them. Now when I have informed them that I can't join they have issued me a legal notice asking for 17,000 USD (1.1 Million INR) for the losses. It's a very huge amount for anyone to bear and that too when my employment with them has not yet started.

I am too much stressed after reading the legal notice and not sure how to proceed further. I am currently residing in India.

[PNGMK]

There's no chance of them being able to collect. I would ignore the letter.

[ecureilx]

Hi All,

I am facing lot of trouble because of a Singapore based consultancy. They offered me a Job with an MNC in Singapore 2 months back. I accepted the offer and resigned from my current company. Meanwhile my wife health went down and I decided not to come to join Singapore company 3 weeks prior my travel..

Does the offer letter state the penalty clauses ?

[garry2361323]

Hi All,

I am facing lot of trouble because of a Singapore based consultancy. They offered me a Job with an MNC in Singapore 2 months back. I accepted the offer and resigned from my current company. Meanwhile my wife health went down and I decided not to come to join Singapore company 3 weeks prior my travel..

Does the offer letter state the penalty clauses ?

Yes, it's mentioned that " After accepting this offer from the company, if you fail to join the Company on said date then you are liable to pay 1 month salary as expenses occurred towards your recruitment"

If my circumstances changed after accepting the offer and I can't take pain to relocate to Singapore then how can they force me to come and join them ?

[rajagainstthemachine]

what legal action can they possibly take?

[garry2361323]

what legal action can they possibly take?

Legal notice which came through me in today's mail says that "you have to pay 1.1 Million INR to my client for the losses" in case if I don't pay then they will take legal action in Indian court. Now I am not sure what kind of legal actions they can pursue.

[rajagainstthemachine]

what legal action can they possibly take?

Legal notice which came through me in today's mail says that "you have to pay 1.1 Million INR to my client for the losses" in case if I don't pay then they will take legal action in Indian court. Now I am not sure what kind of legal actions they can pursue.

so reply back and tell them that it will take 25 years for the Indian courts to pass any judgment, are you sure you want to do this?
I think they are trying to intimidate you into paying up.

[ecureilx]

so reply back and tell them that it will take 25 years for the Indian courts to pass any judgment, are you sure you want to do this?
I think they are trying to intimidate you into paying up.

Or get a law pupil to reply that you won't pay since force majure has been effected - wife sick etc etc. And you can't force a person to work when there is family emergency etc.

Or even better, say you will pay at 25 Rs a month, since you are not highly paid now.

The guys, as Raj said, are trying to bully you in these tough times....

Btw, since if offer was drawn by the Singapore consultant, I don't see how they can enforce through Indian courts.

[garry2361323]

so reply back and tell them that it will take 25 years for the Indian courts to pass any judgment, are you sure you want to do this?
I think they are trying to intimidate you into paying up.

Or get a law pupil to reply that you won't pay since force majure has been effected - wife sick etc etc. And you can't force a person to work when there is family emergency etc.

Or even better, say you will pay at 25 Rs a month, since you are not highly paid now.

The guys, as Raj said, are trying to bully you in these tough times....

Btw, since if offer was drawn by the Singapore consultant, I don't see how they can enforce through Indian courts.

They have local offices in India too, delhi, pune etc. But the office address mentioned in offer letter is Singaporean. I am not sure under which Indian judiciary Act these kind of issues are handled. Never got into such situation in career, so very tense right now !

[PNGMK]

Oh for goodness sakes man. Calm down.

1. Remember the basics of British law (which apply in both India and Singapore). You need a court order in the jurisdiction of the defendant in order to force the defendant to pay or have assets siezed.

2. To get that court order the company needs to show damages or a contract establishing debt. I don't think anything you've done gives them adequate ground for either.

Are they likely to seek judgement in a Singapore court? Very unlikely and they won't win anways. Would you know about if they did and can worry about defending yourself then. - yes and if you didn't then you've not been properly served and the judgement may be invalid.

[x9200]

so reply back and tell them that it will take 25 years for the Indian courts to pass any judgment, are you sure you want to do this?
I think they are trying to intimidate you into paying up.

Or get a law pupil to reply that you won't pay since force majure has been effected - wife sick etc etc. And you can't force a person to work when there is family emergency etc.

Sickness of the wife is normally not considered as a force majeure and a sick member of a family is not a justifiable reason to break a contract.

[x9200]

Oh for goodness sakes man. Calm down.

1. Remember the basics of British law (which apply in both India and Singapore). You need a court order in the jurisdiction of the defendant in order to force the defendant to pay or have assets siezed.

2. To get that court order the company needs to show damages or a contract establishing debt. I don't think anything you've done gives them adequate ground for either.

And this is exactly the problem they are going to have including that SGD7k8 are unlikely the damages and later they demanded even more. This indicated it is probably nothing but harassment. Who knows, if a judge is sensitive to such problems he may even see it as a fraud attempt or illegal threat - the company knows the damages are not that high yet they try to get even more out of this.

[garry2361323]

I am looking forward to get an advocate and reply the legal notice, don't wanted to turn this situation in mess but no other options left for me.

[PNGMK]

I am looking forward to get an advocate and reply the legal notice, don't wanted to turn this situation in mess but no other options left for me.

Probably a good idea. He was be able to threaten with a counters suit for 'emotional distress damages, legal costs and damage to my esteemed reputation' (I mean your wife is sick and no doubt this has caused more aggravation).

[ecureilx]

I am looking forward to get an advocate and reply the legal notice, don't wanted to turn this situation in mess but no other options left for me.

Do it soon. I don't know how it goes in India, but don't wait for judgement to be passed in default.