Employment Notice Period

[sweetieanne12]

I am an SPASS holder currently employed in SME company for 11 months now. Today, my spass application was approved by another employer while still employed.


As I remember in my contract, 30days notice is needed if not confirm while 60 days if confirmed. Current company never give me any confirmation letter or discuss to me anything about my employment status. I cannot review my contract as they didnt give contracts to employees. (which i know is illegal)

Question: Now I plan to resign and will give 30 days notice since there was no communication that im a confirmed staff.. Will they have the right to tell me that i must give 60 days notice or else I will pay for a 1 month salary as a notice in lieu?
Thank you

[daveco23]

I'm not a lawyer or in HR, but if they didn't give you a contract to sign how can they hold you accountable for the notice period, which is a contractual term?

[sweetieanne12]

Hi dave, they just let me sign the employment contract but didnt give a copy of it.

[sweetieanne12]

my main concern here is that, given my situation, what should be my notice period in legal terms? 1 month or 2months? Thank you

[ecureilx]

I am an SPASS holder currently employed in SME company for 11 months now. Today, my spass application was approved by another employer while still employed.


As I remember in my contract, 30days notice is needed if not confirm while 60 days if confirmed. Current company never give me any confirmation letter or discuss to me anything about my employment status. I cannot review my contract as they didnt give contracts to employees. (which i know is illegal)

Question: Now I plan to resign and will give 30 days notice since there was no communication that im a confirmed staff.. Will they have the right to tell me that i must give 60 days notice or else I will pay for a 1 month salary as a notice in lieu?
Thank you

Somewhere in the contract, it would have stated, employees are confirmed automatically, after 6 months

Not giving contracts is NOT illegal, it's just a grey area.

That they obtained a work pass for you, is, in legal terms, confirmation of their having an agreement to employ you and your agreeing to work for them.

[sundaymorningstaple]

2 months.

[ecureilx]

2 months.

++1, 60 days.

[sweetieanne12]

thanks for the reply.. so to clarify, you are saying there is such thing as automatic, however i remember in the contract that probation period is 6 mos but they might extend it if they want to. Others receive confirmation letters after 9mos. I havent received any. are you working for MoM? As I know KET (key employment terms) or the contract is required to be given to employees as per their website.

[ecureilx]

thanks for the reply.. so to clarify, you are saying there is such thing as automatic, however i remember in the contract that probation period is 6 mos but they might extend it if they want to. Others receive confirmation letters after 9mos. I havent received any. are you working for MoM? As I know KET (key employment terms) or the contract is required to be given to employees as per their website.

Ok, if you did see the contract, there should have been a clause saying you will be considered confirmed unless your probation was extended in writing.

NO, None of us work for MOM.

Go ahead, get into legal tangles with the employer. The way your employer works, either they are a SME or a cussed one, regardless of which, it smells trouble.

Quoting KET (what ?? ) wont work with those types. You may only dig yourself in deeper.

So, if you quote MOM, why didn't you demand a copy of the contract, than scratch yourself now ?