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Ben Jones
Ben Jones, UK Lawyer
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The company I shortly worked for terminated my contract

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The company I shortly worked for terminated my contract based on 'no just cause', and therefore contractually owes me 3 months of pay. It is currently ignoring my request and statutory demand. Since this company is in Macedonia, I am located in The Netherlands, and the contract is governed by UK law, what are the best actions to take at this moment?

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Does the company have any presence in the UK?

Customer: replied 1 month ago.
Got this from my contract: Power Resources Ltd is an operational subsidiary of PRG Plc, also Maltese domiciled. PRG specialises in the development and commercialisation of specialist metal refining processes for rare earths and minor
metals. It’s operations are domiciled in Malta to cater to the largely EU based shareholders but has
subsidiaries in Slovenia, Macedonia and various East African countries.
Customer: replied 1 month ago.
I know it has a subsidiary in the UK but seems like the company itself is not registered there.
Customer: replied 1 month ago.
The Company terminated my contract cause it wasn't going ahead with the planned investments and therefore did not need me as a Project Manager anymore.. I have this on paper and a video that supports it's all based on 'no just cause' as per the contract clause:9. TERMINATIONIf from the Company’s side:For no cause:1. The Client may request early termination of the agreement with 1 month’s notice prior to the intended date of termination and you will be entitled to compensation in amount of 3 months’ fee payable at the end of the notice period.2. You may request termination on one months written notice,For Cause:The Client may at any time terminate your engagement with immediate effect with no liability to make any further payment to you (other than in respect of any accrued fees or expenses at the date of termination) if:(a) you are in material breach of any of your obligations under this agreement; or(b) other than as a result of illness or accident, after notice in writing, you willfully neglect to provide or fail to remedy any default in providing the Services.c) (i) an act of personal, knowing dishonesty engaged in by you and intended to result in personal enrichment of yourself at the expense of the Company; or(ii) the conviction of a felony (other than minor traffic offences). Five days’ notice is applicable. No further payments of any nature are to be made by the Company.
Customer: replied 1 month ago.
Also, the law of English and Wales is the only I can use, therefore I emailed him a statutory demand 30 days ago, which he has ignored.14. GOVERNING LAWThis agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.15. JURISDICTIONThe courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).

If you go here and type the company name, it will come up with a list of results - when you click through on that specific company name, is that the company in question:

http://wck2.companieshouse.gov.uk//wcframe?name=accessCompanyInfo

Customer: replied 1 month ago.
I was able to find the director and the subsidiary registered in the UK called Gravity Mining Limited. https://beta.companieshouse.gov.uk/officers/4TuXB0P75o5ctKmql6X3aU_AfMo/appointments
Customer: replied 1 month ago.
Looking at PRG or Power Resources Limited gives too many options that are not his company. His is PRG Plc ltd. or Power Resources Group. But its registered in Malta for sure

OK, thanks. And finally what would 3 months' notice that you are due be equivalent to in monetary terms?

Customer: replied 1 month ago.
EUR 15000. Fifteen thousand euros

Ok thanks. As the governing law of the contract is under England & Wales, you can consider making a claim in the English courts. The issue is that doing so will only give you a court judgment which you can apply in that country, against any assets held by the company there. If they are based abroad and have no physical presence in England, then you won’t be able to use that judgment to your benefit there. You do however have the option of transferring the judgment to a country where the company has assets and then trying to apply it or enforce it there. It’s not always that straightforward though, depending on which country you are transferring it to, whether it is in the EU or not and also depends on the local laws and regulations, as you will need to start the process in that country.

A good guide on this can be found here:

https://www.out-law.com/topics/dispute-resolution-and-litigation/enforcement/enforcing-england-and-wales-judgments-abroad/

In the end you will have to consider starting the claims process in England, but before you start issuing a claim you really need to try and exhaust all options with the company first. For example, send them a final reminder, giving them a final deadline for compliance and advising them that the next step after that would be a court claim.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

Customer: replied 1 month ago.
Thanks. One more question. Is it best to hire a lawyer in macedonia to support me in this case or from the UK. Or two separate ones?

You do not need a lawyer at any stage. However, for the initial claim in the UK courts you can consider using a UK lawyer and then when the transfer of the judgment needs to happen - a Macedonian one

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