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Hi,
I've just returned from Nigeria working offshore for 11 weeks.
The company I work for should have paid me on the 15th July 2020. They have stated that they intend to pay me only 50% of my written contract and not 100% of the day rate as agreed.
In my contract it does state 50% for travelling. I did stay in a hotel, Lagos, Nigeria, from 2nd - 12th July 2020. They say that the period that I was in the hotel falls under the 50% day rate. I do not agree.
I wrote an email and provided evidence from my contract that I was correct and should be paid 100%. Only the last 2 days (12th & 13th July 2020) are at 50% since I was returning home (travelling).
My contract is for a Company in Nigeria and comes under Nigerian Employment Law I guess. I am not a lawyer.
Now they have stated that they wish to apply, 'Force Majeure' for the period spent in the hotel and want to pay me zero! Or if I accept, 50%?
I do not accept this since the contract quite clearly states 100%.
I feel the force majeure cannot be applied since I was employed from the UK and sailed to Nigeria. We had hard isolation in the hotel in Aberdeen, two COVID-19 tests and then joined the vessel. We have many written procedures for COVID-19 and the company planned for this. The company always knew that we were going to sail back or fly. In the end we fly back to Madrid and onward to London.
I went into a hotel in Nigeria on the 2nd July and they were to organise flights. The client company I was working for offered to fly me on their charter flight but my company declined this offer. This flight was on the 4th July. There was a further flight on the 9th July which the company declined. Instead they had agreed on the 2nd July (before I went into the hotel) that they would charter their own flight. They paid for this on the 7th July. It then took until the 12th July 2020 to get that flight to Madrid.
You see there was plenty of opportunity to fly me home and they declined. This placed me in a hotel and at their cost and on full (100%) pay.
Now I am home, they havent paid me on the 15th (as per my contract) and they intend to pay only 50% for the time in the hotel.
As I stated, I have written to them by email (they are based in Dubai) amd explained the above. At first, their contracts and legal person, argued the case and stated that because I was in the hotel it was 'travelling'. Then once he knew I was correct, he moved to the force majeure.
I've written again to him. I've been 'reasonable' and allowed a couple of days at 50%. So my deal was 1st - 2nd (100%) offshore; 3rd - 4th (50%) hotel (they could have got me home on the client flight); 5th - 11th - 100% pay since their delay and as per my contract; 12th & 13th at 50% since I was travelling.
Now I believe that I'm being reasonable here.
I've also stated that if he wouldn't pay and the 'unreasonable' use of force majeure, that I would email the CEO of a company in the UK (this company owns the other company). I would also open a facebook page, Linked-in, Send emails to client companies in Nigeria, Send emails to institutions that they are members of and anyone else I could think of.
I've just found a few Lawyers in Nigeria. I've just this minute emailed them to see if they can put some kind of 'black mark' against their name to try and force their hand to see sense.
I know it's a long shot, but does anyone know anything I can do in order to get paid in full as per my contract of employment. I don't want any more - I just want what I'm owed.
I'm grateful for any information that feel is relevant.
Thank you for your time and I look forward to hearing form you soon.
I've just returned from Nigeria working offshore for 11 weeks.
The company I work for should have paid me on the 15th July 2020. They have stated that they intend to pay me only 50% of my written contract and not 100% of the day rate as agreed.
In my contract it does state 50% for travelling. I did stay in a hotel, Lagos, Nigeria, from 2nd - 12th July 2020. They say that the period that I was in the hotel falls under the 50% day rate. I do not agree.
I wrote an email and provided evidence from my contract that I was correct and should be paid 100%. Only the last 2 days (12th & 13th July 2020) are at 50% since I was returning home (travelling).
My contract is for a Company in Nigeria and comes under Nigerian Employment Law I guess. I am not a lawyer.
Now they have stated that they wish to apply, 'Force Majeure' for the period spent in the hotel and want to pay me zero! Or if I accept, 50%?
I do not accept this since the contract quite clearly states 100%.
I feel the force majeure cannot be applied since I was employed from the UK and sailed to Nigeria. We had hard isolation in the hotel in Aberdeen, two COVID-19 tests and then joined the vessel. We have many written procedures for COVID-19 and the company planned for this. The company always knew that we were going to sail back or fly. In the end we fly back to Madrid and onward to London.
I went into a hotel in Nigeria on the 2nd July and they were to organise flights. The client company I was working for offered to fly me on their charter flight but my company declined this offer. This flight was on the 4th July. There was a further flight on the 9th July which the company declined. Instead they had agreed on the 2nd July (before I went into the hotel) that they would charter their own flight. They paid for this on the 7th July. It then took until the 12th July 2020 to get that flight to Madrid.
You see there was plenty of opportunity to fly me home and they declined. This placed me in a hotel and at their cost and on full (100%) pay.
Now I am home, they havent paid me on the 15th (as per my contract) and they intend to pay only 50% for the time in the hotel.
As I stated, I have written to them by email (they are based in Dubai) amd explained the above. At first, their contracts and legal person, argued the case and stated that because I was in the hotel it was 'travelling'. Then once he knew I was correct, he moved to the force majeure.
I've written again to him. I've been 'reasonable' and allowed a couple of days at 50%. So my deal was 1st - 2nd (100%) offshore; 3rd - 4th (50%) hotel (they could have got me home on the client flight); 5th - 11th - 100% pay since their delay and as per my contract; 12th & 13th at 50% since I was travelling.
Now I believe that I'm being reasonable here.
I've also stated that if he wouldn't pay and the 'unreasonable' use of force majeure, that I would email the CEO of a company in the UK (this company owns the other company). I would also open a facebook page, Linked-in, Send emails to client companies in Nigeria, Send emails to institutions that they are members of and anyone else I could think of.
I've just found a few Lawyers in Nigeria. I've just this minute emailed them to see if they can put some kind of 'black mark' against their name to try and force their hand to see sense.
I know it's a long shot, but does anyone know anything I can do in order to get paid in full as per my contract of employment. I don't want any more - I just want what I'm owed.
I'm grateful for any information that feel is relevant.
Thank you for your time and I look forward to hearing form you soon.
