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Need Advice - Contract Intepretation

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StrangerInSG
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Need Advice - Contract Intepretation

Postby StrangerInSG » Thu, 05 Jun 2014 9:26 am

I am in a sticky situation. I have a signed contract that is quite ambiguous and subjective when it comes to employee initiated terminations.

Basically there is a clause that says that I need to give a 30 day notice and then another "hidden" clause that says that if I resign before the expiration of my contract I have to work for the 30 days but not get paid.

I am currently not based in Singapore but would like to get someone to take a look at my contract from a legal standpoint and give me some advice. I need to know where I stand and what rights I have in terms of terminating my contract early and any penalties that may be imposed in spite of serving out a 30 day notice period

Can any of you recommend a solicitor that I can engage from overseas via email or phone?

I have sent numerous email enquiries to some law firms without any response.

Thanks for your assistance

Mike

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sundaymorningstaple
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Postby sundaymorningstaple » Thu, 05 Jun 2014 10:31 am

Assuming your income is above $4,500/mo there is nothing you can do as you voluntarily signed the employment contract without reading/understanding the contents therein.

However, depending on your job position/duties if your basic salary is $4,500 or less you are covered under The Employment Act. This could have bearing on the case depending on what else is in the contract should they want to terminate you, rather than you resigning. The contract cannot be lopsided towards the employer if they fall under the Employment Act. You make more than $4,500/mo basic, they figure you should be smart enough to be able to read and understand the contract before you sign it.

You can go here for more information:

http://www.mom.gov.sg/employment-practi ... fault.aspx

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Postby AngMoG » Thu, 05 Jun 2014 11:03 am

Agree, if you're not covered under the EA, there is nothing you can do. It is essentially a penalty of one month's salary for breaking the contract, which is perfectly legal in Singapore. Though what motivation they expect from someone who works unpaid, I do not know.

StrangerInSG
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Postby StrangerInSG » Thu, 05 Jun 2014 11:14 am

Thanks for your response. I did look through the MoM website and I did realise that I was not covered by the Employment Act.

I am quite careful with these sorts of things but somehow managed to totally overlook the sub-clause about the requirement to "pay one months salary as compensation" which was part of a clause that had nothing to do with resignations but everything to do with the price of fish.

Hence when resigning, I didn't think that the price of fish will come into play; just the clause that said I had to give one months notice or forfeit pay if I don't serve out the month.

Tricky and sneaky. Just wondering what will stand up in court hence the request for recommendations. And, also a lesson learnt for a brand new expat.

Mike

StrangerInSG
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Postby StrangerInSG » Thu, 05 Jun 2014 11:18 am

AngMoG wrote:Agree, if you're not covered under the EA, there is nothing you can do. It is essentially a penalty of one month's salary for breaking the contract, which is perfectly legal in Singapore. Though what motivation they expect from someone who works unpaid, I do not know.


That's what I thought as well. Wouldn't this be more damaging to their brand name? I mean I could go to work and play solitaire. And if they terminate my contract then that's covered by some other clause. As in my case, I hate solitaire :(

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Postby rajagainstthemachine » Thu, 05 Jun 2014 1:03 pm

StrangerInSG wrote:
AngMoG wrote:Agree, if you're not covered under the EA, there is nothing you can do. It is essentially a penalty of one month's salary for breaking the contract, which is perfectly legal in Singapore. Though what motivation they expect from someone who works unpaid, I do not know.


That's what I thought as well. Wouldn't this be more damaging to their brand name? I mean I could go to work and play solitaire. And if they terminate my contract then that's covered by some other clause. As in my case, I hate solitaire :(


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martincymru
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Postby martincymru » Thu, 05 Jun 2014 2:01 pm

A moan: Singapore I rate as the number one country for one sided contracts across all sectors of the business community.

Huge market for lawyers hence why the foreign lawyers are now starting to appear here.


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