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Employment Notice Period

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sweetieanne12
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Employment Notice Period

Postby sweetieanne12 » Thu, 27 Apr 2017 12:14 am

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
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Re: Employment Notice Period

Postby daveco23 » Thu, 27 Apr 2017 3:06 pm

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
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Re: Employment Notice Period

Postby sweetieanne12 » Thu, 27 Apr 2017 3:31 pm

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

sweetieanne12
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Re: Employment Notice Period

Postby sweetieanne12 » Thu, 27 Apr 2017 3:43 pm

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

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ecureilx
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Re: Employment Notice Period

Postby ecureilx » Thu, 27 Apr 2017 5:31 pm

sweetieanne12 wrote: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.

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sundaymorningstaple
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Re: Employment Notice Period

Postby sundaymorningstaple » Thu, 27 Apr 2017 10:19 pm

2 months.

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ecureilx
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Re: Employment Notice Period

Postby ecureilx » Fri, 28 Apr 2017 9:45 am

sundaymorningstaple wrote:2 months.


++1, 60 days.

sweetieanne12
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Re: Employment Notice Period

Postby sweetieanne12 » Fri, 28 Apr 2017 12:06 pm

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.

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ecureilx
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Re: Employment Notice Period

Postby ecureilx » Fri, 28 Apr 2017 1:38 pm

sweetieanne12 wrote: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 ? :(

:roll:


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