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TKenney, Ph.D.
TKenney, Ph.D., French Attorney (Avocat à la Cour)
Category: French Law
Satisfied Customers: 818
Experience:  Practicing law in France, 10+ years of experience on Paris Bar. Taught French Business Law in US
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Hello,I have been hired from South Korea in French company

Customer Question

Hello, I have been hired from South Korea in French company since 1998. At the time of hiring, I have a contractual option saying 'Home Leave' which takes all my family members to South Korea at company expenses. It is written in the contract like this; 'At the end of each year of Employee's employment with the Company, Employee may, at the Company's expense (economy airfare only)', take his spouse and children back to Korea (and not to any other destination). In 2007, our company has been acquired by a German company which is 10 times larger than ours. Today, HR partner simply says that we can't afford the option due to budget issues. But I don't believe the reason and I am very surprised on that it can be simply communicated. I knew that employment contract will be valid regardless of acquisition and I have got the benefit until last year since the time of acquisition. I have other colleagues who has same kind of option and they have got the benefit for this year. So please let me know if company can easily remove out my contract option.

Submitted: 1 year ago.
Category: French Law
Expert:  TKenney, Ph.D. replied 1 year ago.

TKenney, Ph.D. :

Hello, The company can not just remove that clause from the contract. Not respecting that clause is illegal and constitues a fault and a major modification to your employment contract.

TKenney, Ph.D. :

You need to send your company a registered letter requesting that they honor that clause and that they at the Company's expense (economy airfare only)', take you, your spouse and your children back to Korea. You need this in writing !!

Customer :

hello, sir? are you in there?

Customer :

they are talking about budget issue and ambiguity about the duration.

TKenney, Ph.D. :

That is their problem and not yours. It sounds like they are trying to change that clause.

Customer :

the thing is that HR didn't inform me. Just yesterday during the regular meeting with my manager, I've asked the approval for the trip and she said it has been removed.

TKenney, Ph.D. :

You must stand your ground.

Customer :

will it be an issue if I say I discussed with a lawyer on this?

TKenney, Ph.D. :

They must either obtain a signed ammendment to your employment contract or send you and your family back to Korea as agreed.

TKenney, Ph.D. :

I am indeed a French lawyer, however, I am not your lawyer. I am just a French law expert answering your question on French law.

Customer :

Sure I understand. just one more question, in the original clause says 'Employee "may" take..... Won't it be interpreted as an optional contractual option when they say about budget issue?

TKenney, Ph.D. :

I can not give you advice on this website. I do not know your case and especially the parties involved to be able to tell you if it will be an issue if you say something to your employer.

Customer :

so in the case, how can I reach you out in person?

TKenney, Ph.D. :

No, not at all. It says "you" the employee "may," not the employer may.

Customer :

alright. Thank you very much. I would like to know if I can contact you in person to extend the consulting or introduce someone who I can consult with

TKenney, Ph.D. :

The budget issue is their problem. They can not modify your employment contract without your written consent. You must send them a registered letter requesting your plane tickets. Otherwise they can (and probably will) interpret your non written request as you exercising your contractual right not to go to Korea..

TKenney, Ph.D. :

I am glad I was able to answer your question. Please don’t forget to provide a positive rating so I can get credit for the service I provided to you. If the answer was particularly helpful a BONUS is always appreciated too! Best regards XXXXX XXXXX! Here is a website of English speaking lawyers in Paris : http://paris.france.avocats.free.fr

Customer :

ok. thanks a lot. no problem for the rating!

TKenney, Ph.D. :

I have not received your positive rating. Please don’t forget to provide a positive rating so I can get credit for the service I provided to you.

TKenney, Ph.D., French Attorney (Avocat à la Cour)
Category: French Law
Satisfied Customers: 818
Experience: Practicing law in France, 10+ years of experience on Paris Bar. Taught French Business Law in US
TKenney, Ph.D. and other French Law Specialists are ready to help you
Expert:  TKenney, Ph.D. replied 1 year ago.
By the way, this is a public forum. Your employment contract can be seen and read by anyone who accesses this webpage. You should contact a moderator to get your contact removed.

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