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90 days notice

Old 9th Sep 2018, 02:54
  #1 (permalink)  
Thread Starter
 
Join Date: Jun 2006
Location: atlanta, ga
Age: 45
Posts: 23
90 days notice

Does anyone know what happens if you don't pay CX back for not giving 90 days notice. I've moved from HK, no MPF, and no financial ties to HK. Can they come after me? Anyone have experience or know someone that has experienced this.
Thanks
Berry McCockner is offline  
Old 9th Sep 2018, 04:51
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Join Date: Jan 2018
Location: USA
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Highly illegal in the US

Think of it in the very basic form. They are telling you that if you don't work for them then YOU must pay them. Its a form of extortion.

A signed contract is not a permission slip to violate basic labor laws.

Feel free to PM me
CX ex is offline  
Old 9th Sep 2018, 06:30
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Join Date: Sep 2017
Location: Matz North
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Just don't land in Hong Kong (or China for that matter) at any stage in the future. Presumably you owe some tax in HK ?
ANTIPHOLUS is offline  
Old 9th Sep 2018, 06:51
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Join Date: Jul 2018
Location: uk
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If you HAD given them some sort of notice then they would deduct outstanding leave and taken the sum owed from your last months salary.
Going without giving any notice is very foolish and they may well pursue you in the courts in your home country. HK Inland Revenue certainly will if you have left without settling your tax bill and should you ever re-enter Hong Kong you would be arrested at the airport.
Don't do it.
unitedabx is offline  
Old 9th Sep 2018, 07:14
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Join Date: Sep 2017
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Originally Posted by unitedabx View Post
If you HAD given them some sort of notice then they would deduct outstanding leave and taken the sum owed from your last months salary.
Going without giving any notice is very foolish and they may well pursue you in the courts in your home country. HK Inland Revenue certainly will if you have left without settling your tax bill and should you ever re-enter Hong Kong you would be arrested at the airport.
Don't do it.

Heed the man
ANTIPHOLUS is offline  
Old 9th Sep 2018, 07:24
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Join Date: Jul 2018
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What CX ex and others said with a caveat -- Depends entirely on the jurisdiction where you live and/or are based (including the state, province, or prefecture) and the COS/CBA/CA you are on. Just because it's in your COS doesn't mean it's legal where you are (fr' instance, there was a section in the COS for years which allowed for disciplinary action if bankruptcy was declared -- which is illegal in the US and some other nations).

In the US restraint of trade/indentured servant clauses are usually impossible to enforce. And any form of garnishment of final paycheck is often illegal (i.e. they cannot deduct anything from final paycheck without your express permission).

Under imposed conditions (i.e. absent coverage of a CA/CBA in that particular jurisdiction and on an at will contract) it is usually not legal at all. In this case the relevant local laws may apply.

Attempted deductions for leave may well be illegal as well in that nowhere is it defined (in the COS's/CBA/CAs) what that value actually may be and the value is wholly arbitrary (i.e. effectively arbitrarily 'imposed' by the company after the fact and outside a contract). And there's no country specific agreed procedure.

The HK tax issue is an entirely separate matter and again depends on your circumstances and if you are liable for HK taxes. If you are not liable for HK taxes (or have paid whatever tax you might owe) this isn't an issue. If it IS an issue it might be worth resolving. Even if you don't think you owe them what they might claim, like any other taxiing authority, the usual recourse is to impound anything of yours that's in HK (including you--if you wind up there again) until the matter is settled.

The internet isn't the best place for legal advice. I might suggest you consult with a competent attorney in your home jurisdiction about your specific situation for s real answer and guidance. This will ensure you're not bullied into paying something you don't owe while also ensuring you understand any ramifications of actions you might take downline.

Last edited by Slasher1; 9th Sep 2018 at 08:06.
Slasher1 is online now  
Old 9th Sep 2018, 08:39
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Join Date: Mar 2015
Location: HKG
Posts: 144
I would contact HKG Inland Revenue (in writing), telling them that you are no longer employed by CX and no longer a HKG resident. See what they say.

Regarding CX. Do nothing. They might pursue you, they may not. Not up to you, so don't worry about it until something happens. A rational entity would do what costs the least, so who knows what CX will do.
controlledrest is offline  
Old 9th Sep 2018, 15:27
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Join Date: Feb 2015
Location: hong kong
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You have to remember that this may follow you to another employer , personally I would write to Cathay and offer to pay them back at say USD $100 per month that way at least you have made an effort .
As for HK Revenue , I would contact them and pay whatever is owing , they are very amenable but don’t leave yourself open to prosecution
cannot is offline  
Old 9th Sep 2018, 16:22
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Join Date: Jan 2005
Location: Nippi
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Always pay your taxes. That is a criminal issue.
The issue regarding 90 days would be a civil issue. They would need to win a court action allowing them to collect. No one will arrest you at the boarder in this case. If people who did not pay their bills ended up being arrested. The streets would be empty.
In the US the 90 day issue would be laughed out of court. Also there is a issue of predidence. If CX allowed some others to not pay, the question is why me and why now. Discrimination??
Take a shower and enjoy not having the CX stink on you. If your worried about a US company being concerned. You can explain yourself. They will understanding.
Best of luck.
DropKnee is offline  
Old 9th Sep 2018, 18:33
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Join Date: Jun 2006
Location: atlanta, ga
Age: 45
Posts: 23
Thanks guys,
I've completely settled with IRD. I made sure of that. I just owe CX a fairly large bill for not giving sufficient notice. I was trying to get advice from anyone who left and didn't pay them back. There was a time when some SO's left that went through the short course and didn't give CX 6 years of employment. Did CX go after them?
Berry McCockner is offline  
Old 9th Sep 2018, 18:33
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Join Date: May 2002
Location: Fragrant Harbour
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If you are based in the US, you have to give minimum 2 weeks notice. Most of the US based officers leaving at the moment will give between 2-4 weeks notice depending on their ground school date. CX is well aware off the US laws and does not challenge less then 90 days notice. You can also confirm with the USAOA as they actually got legal advise in this matter.
GTC58 is offline  
Old 10th Sep 2018, 08:18
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Nemo Me Impune Lacessit
 
Join Date: Jun 2004
Location: Derbyshire, England.
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They might pursue you, they may not.
If people are leaving at the rate suggested here then CX might go after you in order to set an example to those left behind. 90 days is a lot of notice. Maximum, in most countries, was based on the frequency you were paid, i.e. paid monthly, notice required one month.
parabellum is offline  
Old 10th Sep 2018, 08:26
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Join Date: Jul 2018
Location: uk
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CX have not chased any SO's who left early and didn't give sufficient notice. It simplky doiesn't make sense to throw more money to the solicitors. If you've settled with HK IRD you are good to go and GOOD LUCK for the future.
unitedabx is offline  
Old 10th Sep 2018, 09:50
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Join Date: Dec 1998
Posts: 749
If you've gone to the US (and particularly if you are a US citizen) don't worry about it. I have it on good authority that the last thing CX want's to do is find themselves in a US court discussing labour law and contracts. Needless to say, a good lawyer would have a field day with CX and tear them to shreds. Get on with your life and thank God you are no longer working for the most messed up airline in the modern world.
mngmt mole is offline  
Old 10th Sep 2018, 11:47
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Join Date: May 2008
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Originally Posted by unitedabx View Post
CX have not chased any SO's who left early and didn't give sufficient notice. It simplky doiesn't make sense to throw more money to the solicitors. If you've settled with HK IRD you are good to go and GOOD LUCK for the future.
I can think at least of 1 guy who left to Uk 3 years ago without sufficient notice and got asked to pay Cx back. Also the « bond » is legal, no matter what people believe or say. And having spoken to a lawyer before leaving Cx, it depends which country you are leaving to, some make it easier for Cx to chase you ( ie : legal actions are more or less complicated between countries)
tithybo is offline  
Old 11th Sep 2018, 11:03
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Join Date: Dec 1998
Posts: 749
If you are in the USA, don't worry about it. CX won't dare to enter the US court system, considering they have violated nearly every rule of common labour law known to man. As one example, they violated the 49'ers right to a formal D and G. The company will not dare enter the US court system in respect of a former employee. Again, be happy you are free of the CX misery, and enjoy your new career. Respect to those that have broken free.
mngmt mole is offline  
Old 11th Sep 2018, 14:55
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Join Date: Jun 2008
Location: The sky
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Originally Posted by mngmt mole View Post
If you are in the USA, don't worry about it. CX won't dare to enter the US court system, considering they have violated nearly every rule of common labour law known to man. As one example, they violated the 49'ers right to a formal D and G. The company will not dare enter the US court system in respect of a former employee. Again, be happy you are free of the CX misery, and enjoy your new career. Respect to those that have broken free.

The AOA has a great guide to these issues, email them.
Natca is offline  
Old 12th Sep 2018, 03:46
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Join Date: Jan 2008
Location: Hong Kong
Posts: 762
The AOA has a great guide to these issues, email them.
Assuming he/she is a member........
broadband circuit is offline  
Old 12th Sep 2018, 06:22
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Join Date: Sep 2017
Location: Hong Kong
Posts: 159
Have a look on the European forum, some airlines require a security check document from your past employer. Guys have done a runner to a new employer often with valid reasons only to find they need to be signed off by their previous or no job. There’s maybe a work around but I’d get my ducks in a row first.
morningcoffee is offline  
Old 12th Sep 2018, 12:18
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Join Date: Dec 1998
Posts: 749
Many pilots have left CX in the past two years giving little if no notice. They are ALL happily employed at their new airlines (particularly in the US). Leave and dont look back. CX is finished. The new PanAm.
mngmt mole is offline  

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