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

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

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 ?

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

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.

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.

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?

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.

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.

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.

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.

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.

Assuming he/she is a member........