Beeroclock wrote:Looks like a fixed term contract with no early termination, so technically you would be in breach, but there's no penalty specified for this. In the circumstances and assuming your family biz is non-competing, most employers should accept a two months notice I reckon. I would have a chat with them and see how they respond.
For the context, did you specifically push for 2 years fixed for security of tenure or as an basis to leave your previous job and take this contract? Or was this at their preference?
AJAJ,AJAJ wrote:Beeroclock wrote:Looks like a fixed term contract with no early termination, so technically you would be in breach, but there's no penalty specified for this. In the circumstances and assuming your family biz is non-competing, most employers should accept a two months notice I reckon. I would have a chat with them and see how they respond.
For the context, did you specifically push for 2 years fixed for security of tenure or as an basis to leave your previous job and take this contract? Or was this at their preference?
Hi, thank for your reply.
They specifically specified the 24 months contract. This is even applicable to their local staff.
For some staff there are penalty fees involved if they breach the contract early. But for mine it was not mentioned.
For me, I am happy to stay on the job but my wife needs my help on the family business.
So any good suggestions?
Thanks.
Sadly, Standard Employment Practices do not exist in Singapore for EP holders. The Employment act would only cover local employees and WP and possibly S pass holders. All EPs will be starting above the maximum salary covered under The Employment Act. If they are spiteful they can put him on garden leave so that he cannot work for anybody else and also keep him from being able to possibly make off with proprietary information. Or they may want him to reimburse the company for the amount of salary in lieu of not finishing the fixed term contract (high probability for that). Precedence cases in Singapore are few and far between, even non-compete clauses are rarely enforceable in Singapore due to the stupid limitations that companies try to put on the clause (things like "no employer within a 5K radius of Singapore for a period of 2 years") But there have been several that have been held up in court but nothing has been consistent that I've found. People must remember that Singapore is pro business and not pro employee. The terms of you contract can be changed verbally and it will stand up in court in certain instances, whether you agree with it or not.AngMoG wrote:AJAJ,AJAJ wrote:Beeroclock wrote:Looks like a fixed term contract with no early termination, so technically you would be in breach, but there's no penalty specified for this. In the circumstances and assuming your family biz is non-competing, most employers should accept a two months notice I reckon. I would have a chat with them and see how they respond.
For the context, did you specifically push for 2 years fixed for security of tenure or as an basis to leave your previous job and take this contract? Or was this at their preference?
Hi, thank for your reply.
They specifically specified the 24 months contract. This is even applicable to their local staff.
For some staff there are penalty fees involved if they breach the contract early. But for mine it was not mentioned.
For me, I am happy to stay on the job but my wife needs my help on the family business.
So any good suggestions?
Thanks.
Be sure to also check company (HR) guidelines, employee handbook, and the like, for penalties. Though it is debatable whether these would apply regarding notice period and penalties if you did not see them when you signed the contract.
However, legally speaking, if there is no specific mention of you having to serve the entire 24 month tenure before being able to resign, standard employment practices would come into effect. Most likely, that would mean a one month notice period.
It may be a good idea to consult with a lawyer on this; how this contract is interpreted depends a lot more on precedence cases rather than actual law.
AngMoG wrote:AJAJ,AJAJ wrote:Beeroclock wrote:Looks like a fixed term contract with no early termination, so technically you would be in breach, but there's no penalty specified for this. In the circumstances and assuming your family biz is non-competing, most employers should accept a two months notice I reckon. I would have a chat with them and see how they respond.
For the context, did you specifically push for 2 years fixed for security of tenure or as an basis to leave your previous job and take this contract? Or was this at their preference?
Hi, thank for your reply.
They specifically specified the 24 months contract. This is even applicable to their local staff.
For some staff there are penalty fees involved if they breach the contract early. But for mine it was not mentioned.
For me, I am happy to stay on the job but my wife needs my help on the family business.
So any good suggestions?
Thanks.
Be sure to also check company (HR) guidelines, employee handbook, and the like, for penalties. Though it is debatable whether these would apply regarding notice period and penalties if you did not see them when you signed the contract.
However, legally speaking, if there is no specific mention of you having to serve the entire 24 month tenure before being able to resign, standard employment practices would come into effect. Most likely, that would mean a one month notice period.
It may be a good idea to consult with a lawyer on this; how this contract is interpreted depends a lot more on precedence cases rather than actual law.
Hi Wd40,Wd40 wrote:I think you should be able to amicably sort it out with your employer with 2 months notice. From my experience, no employer wants to keep disgruntled employees who dont want to work anymore. They have more to lose than to gain during that period. You could possibly corrupt other employees minds or work with utter negligence. If the employer is not an idiot they will relieve you with a reasonable notice period.
I have got myself relieved in a single day, in my previous company, even though my notice period is 1 month. I wasnt working on any project and there was no handover to be given so there was no reason for them to hold me for one month. I told them exactly that and even though initially they were hesitant to let me go, finally they made the more sensible decision.
There was another incident in the same company(This is bit off topic, just for fun). One of my colleague resigned just 1 month after joining the company and gave 1 months notice, as per the contract and on the day he resigned, our MD called him for a chat and asked him, why he wanted to resign. My colleague, very candidly, said everything negative about the company that the MD got mad, she told him "If you hate this company so much, why do you want to wait here until next month, you can leave next week"Luckily for him the next company let him join earlier.
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