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Can I break employment contract abroad?


I am from the Uk and currently working in Brunei, I have family problems which I need to return back to the uk to, I handed in my notice in december for 3 months notice, however, my notice period on my contract is 6 months. Can I break contract?? My employer is being extremely difficult about this even though I have given half the notice period. In the UK it would be one week!! Help!

I signed the contract in good faith, and due to unforseen circumstances I cant complete the contract. This is not intentionally. Does anyone know if a foreign contract is legally viable in the UK?

You can request for the discontinuance of the contract and advise your employer in advice so that there could be arrangements for a replacement.

A contract is a contract! If you didn't liike the terms you should have negotiated an alteration - or they would have employed someone that could meet their requirements. I don't know about Brunei law - you might want to contact a local lawyer who may be able to advise what redress exists in Brunei for breach of contract.

A contract's a legally enforceable arrangement and if those are the terms you accepted when you signed up then those are the terms. The only way to change the terms legally is with the agreement of the other party. I'd guess your employer doesn't accept your reasons for changing the arrangement.

There's nothing to stop you walking away, but your employer is quite entitled to pursue you through the law. You may also find "difficulties" in getting your final salary paid etc . . .

The first question is, whether it is in fact a 'foreign contract'.

The contract itself should state which country's laws govern the contract (the jurisdiction clause)
.
If not, it falls to be determined by what is known as 'forum conveniens':
For example, if you are from the UK and your employer is from the UK, then the contract was probably make in the UK and governed by UK laws, irrespective of where it is performed.

If it's a Brunei contract (unlikely, I'd say), then if you breach it you may be liable in the courts of Brunei; but they are not signatories to the Brussels Convention and any judgement therefore can't be enforced in the UK.

Incidentally, the 6m notice period would apply whether it's Brunei or UK - it would not be a week in the UK.

The reality is, that whichever is the appropriate jurisdication, by giving short notice you forfeit your right to the additional three months and that's it.
There would be no other comeback in the UK.
Can't speak for Brunei, though.

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