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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Business Law
Satisfied Customers: 1611
Experience:  Run my own successful business/contract law practice.
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My husband worked in a foreign country for about 4 years.He

Customer Question

My husband worked in a foreign country for about 4 years.He was the MD for the company in his final year.When he joined, he had the impression that he would be given a gratuity
(or Finishing Pay -the term used there). All expats of this company were given this gratuity. It is not stated in the contract.
The company replaced him with another MD who did not sign any contract and who produced results worse than my husband's performance.
Now, the company refuses to pay him saying it is not obligatory. This despite the fact that he made a tidy profit for the company.
Is there any action we can take against this company ?
Margaret [email protected]
Submitted: 3 years ago.
Category: Business Law
Expert:  Dimitry K., Esq. replied 3 years ago.
Thank you for your question. Please permit me to assist you with your concerns.

You stated that your spouse worked in a foreign country. Which country was that? His agreement that he signed, under what choice of law or jurisdiction, if any, was it styled under?
Customer: replied 3 years ago.

Papua New Guinea.

What do you mean what choice of jurisdiction ?

Terms stated in his agreement are his salary, housemary expenses, food allowances, lodging, airfare for him and spouse, paid holidays (1 month),

performance bonus.

Gratuity or Finishing Pay (the term used in PNG for the locals) is not stated, but it was given to all expats employed before him and to 2 expats who left but returned to work for the company again.


1 shareholder who objected (an ex-lawyer) claimed that as gratuity is non obligatory, therefore the company will not grant it to my husband.


Another shareholder whom we met 2 days ago puts it that if we can help the company reclaimed some

money that a previous MD claimed in excess, then they would consider giving gratuity to my husband.


Please advise.



Expert:  Dimitry K., Esq. replied 3 years ago.

I am sorry but I am not licensed in Papua New Guinea and as such I really cannot assist you as I am not a specialist in their laws. I will go ahead and open your question to other experts and see if they would be able to assist you. Hold on, please.
Customer: replied 3 years ago.

Dear Sir,

Thank you for your help. perhaps I think I should end my request for legal assistance.


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