T
tm12
Guest
I am employed by an American here in Budapest. We have an employment contract that is for one year. I have recently (after six months of service)turned in my resignation and am in a dispute about payment of "compensatory time". My contract states "the Contractor (me) will work a minimum of 40 hours per week. In addition, the Contractor agrees to perform additional hours of work as required to handle needed services or emergencies. The contractor agrees to accept compensatory time in lieu of payment for overtime work."
I have accumulated 350 hours of compensatory time.
In the terms of resignation section, the contract states: "This contract may be terminated by the Contractor in writing upon 60 calendar days notice, by the contractee in writing upon 30 calendar days notice, or by the contractee in writing by payment of thirty calendar days' salary in lieu of notice. Severance pay is not authorized. In the event of dismissal for cause, the contractor shall be terminated at the discretion of the contractee without notice and payment of the notice period."
When I turned in my written resignation, I provided for 24 working days and the remainder of the notice period to be covered by my compensatory time, (days of leave owed for overtime work). There are more than enough hours to cover the sixty days but I was only using enough to cover the remainder after the 24 days that I would physically be at the job.
The employer has now refused to pay the compensatory time arguing that I am in breach of contract by not working all of the sixty day period. In my opinion, since the contract does not state anywhere that I am unable to use the compensatory time as a notice period I am therfore not in breach of the contract and am due to be paid for the hours worked since they were considered overtime pay. The general practice in these contracts (I have been in the same job in another country) is to pay out the compensatory time owed upon resignation. Regardless of general practice, I feel that the payment is owed to me because I was not given any opportunity to use the compensatory time as days off. Is this in fact breach of contract, or did the terms of resignation in the contract itself, require a statement about the use of compensatory not being able to be used as a notice period?
I have accumulated 350 hours of compensatory time.
In the terms of resignation section, the contract states: "This contract may be terminated by the Contractor in writing upon 60 calendar days notice, by the contractee in writing upon 30 calendar days notice, or by the contractee in writing by payment of thirty calendar days' salary in lieu of notice. Severance pay is not authorized. In the event of dismissal for cause, the contractor shall be terminated at the discretion of the contractee without notice and payment of the notice period."
When I turned in my written resignation, I provided for 24 working days and the remainder of the notice period to be covered by my compensatory time, (days of leave owed for overtime work). There are more than enough hours to cover the sixty days but I was only using enough to cover the remainder after the 24 days that I would physically be at the job.
The employer has now refused to pay the compensatory time arguing that I am in breach of contract by not working all of the sixty day period. In my opinion, since the contract does not state anywhere that I am unable to use the compensatory time as a notice period I am therfore not in breach of the contract and am due to be paid for the hours worked since they were considered overtime pay. The general practice in these contracts (I have been in the same job in another country) is to pay out the compensatory time owed upon resignation. Regardless of general practice, I feel that the payment is owed to me because I was not given any opportunity to use the compensatory time as days off. Is this in fact breach of contract, or did the terms of resignation in the contract itself, require a statement about the use of compensatory not being able to be used as a notice period?