Singapore Expats Forum

Contract Employment Lawyer

Discuss about getting a well paid job or career advancement. Ask about salaries, expat packages, CPF & taxes for expatriate.

Winston C
Newbie
Newbie
Posts: 7
Joined: Sat, 11 Nov 2017

Contract Employment Lawyer

Postby Winston C » Sat, 11 Nov 2017 10:51 am

I feel that my employer is breaching my employment contract and I want to seek legal advice. Can anyone recommend an experienced Contract Employment attorney? Thanks, Winston

Winston C
Newbie
Newbie
Posts: 7
Joined: Sat, 11 Nov 2017

Re: Contract Employment Lawyer

Postby Winston C » Sat, 11 Nov 2017 11:55 am

To clarify a bit, I have one year left on my three contract, but I have been advised that my position is being dissolved.

User avatar
ecureilx
Immortal
Immortal
Posts: 9812
Joined: Fri, 20 Aug 2010

Re: Contract Employment Lawyer

Postby ecureilx » Sat, 11 Nov 2017 3:13 pm

Winston C wrote:I feel that my employer is breaching my employment contract and I want to seek legal advice. Can anyone recommend an experienced Contract Employment attorney? Thanks, Winston
Without knowing head or tail not much can be advised

I am sure there is an escape clause for the employer.

You can do zilch in that case.

CashewNut
Member
Member
Posts: 37
Joined: Sat, 08 Jul 2017

Re: Contract Employment Lawyer

Postby CashewNut » Sat, 11 Nov 2017 10:34 pm

In most cases in Singapore, unless you're a low paid worker, employer can get rid of you whenever they want.


Sent from my iPhone using Tapatalk Pro

Winston C
Newbie
Newbie
Posts: 7
Joined: Sat, 11 Nov 2017

Re: Contract Employment Lawyer

Postby Winston C » Sun, 12 Nov 2017 7:36 am

Thanks for your replies.

To clarify even further. This is not an entrenchment as the company is growing. The contract does not have any escape clauses for the employer, other than the typical performance based clauses which do not apply. Performance not an issue as all evaluations have been excellent. I have that in writing.

I have looked at Singapore Law and read the contract many times and I just cannot find anywhere in the contract that would support the employer. This is precisely why I would like to contact an experience contract attorney to clarify my rights under Singapore Law.
Thanks

CashewNut
Member
Member
Posts: 37
Joined: Sat, 08 Jul 2017

Re: Contract Employment Lawyer

Postby CashewNut » Sun, 12 Nov 2017 7:42 am

Winston C wrote:Thanks for your replies.

To clarify even further. This is not an entrenchment as the company is growing. The contract does not have any escape clauses for the employer, other than the typical performance based clauses which do not apply. Performance not an issue as all evaluations have been excellent. I have that in writing.

I have looked at Singapore Law and read the contract many times and I just cannot find anywhere in the contract that would support the employer. This is precisely why I would like to contact an experience contract attorney to clarify my rights under Singapore Law.
Thanks


Section 10(1) of Employment Act :

10.—(1) Either party to a contract of service may at any time give to the other party notice of his intention to terminate the contract of service.

The only issue is the length of notice which, in your case, likely only needs to be very short.

CashewNut
Member
Member
Posts: 37
Joined: Sat, 08 Jul 2017

Re: Contract Employment Lawyer

Postby CashewNut » Sun, 12 Nov 2017 7:43 am

One of the reasons why employers like Singapore is that you can remove staff with its without reason. It's not like Europe here.


Sent from my iPhone using Tapatalk Pro

Winston C
Newbie
Newbie
Posts: 7
Joined: Sat, 11 Nov 2017

Re: Contract Employment Lawyer

Postby Winston C » Sun, 12 Nov 2017 8:04 am

Thanks

The employment contract specifically states and was agreed upon, that the method for the employer to terminate would be as follows:

"a violation of specified conditions and 30 days notice once one of the provisions has been violated"

No violation has occured.

As the contract has a clear provision for notice of termination. subsection 3 would not apply.

CashewNut
Member
Member
Posts: 37
Joined: Sat, 08 Jul 2017

Re: Contract Employment Lawyer

Postby CashewNut » Sun, 12 Nov 2017 8:48 am

The statue takes precedence. If your contract was to hire you as an independent contractor then that would be a normal commercial contract and I'd agree with you. However, any contract of service (ie employment contract) can be terminated at will unless you're a protected worker (low paid).

You're right in that if a violation occurred then 30 days notice would be required. However as there's been no violation that contract clause is irrelevant. If your employer wants to terminate without cause then the Act applies.


Sent from my iPhone using Tapatalk Pro

Winston C
Newbie
Newbie
Posts: 7
Joined: Sat, 11 Nov 2017

Re: Contract Employment Lawyer

Postby Winston C » Sun, 12 Nov 2017 9:37 am

So basically the contract means nothing in terms of the employer honouring the conditions outlined? That is troublesome! Thanks for your feedback.

CashewNut
Member
Member
Posts: 37
Joined: Sat, 08 Jul 2017

Re: Contract Employment Lawyer

Postby CashewNut » Sun, 12 Nov 2017 9:57 am

If the contract said the employer can't terminate without reason them perhaps that's different...

You can try Colin Ng & Partners for advice


Sent from my iPhone using Tapatalk Pro

User avatar
ecureilx
Immortal
Immortal
Posts: 9812
Joined: Fri, 20 Aug 2010

Re: Contract Employment Lawyer

Postby ecureilx » Mon, 13 Nov 2017 9:17 am

CashewNut wrote:One of the reasons why employers like Singapore is that you can remove staff with its without reason. It's not like Europe here.


Sent from my iPhone using Tapatalk Pro
++++1

User avatar
PNGMK
Governor
Governor
Posts: 5630
Joined: Thu, 21 Mar 2013
Location: Sinkapore

Re: Contract Employment Lawyer

Postby PNGMK » Mon, 13 Nov 2017 10:12 am

You should at least fight for some sort of payout. 2 weeks per year minimum.
IANAL. IANACPA. IANA Teacher.
Arrested? Lawyer Up
International School job? School website or http://www.ISS.edu
School advice? Avoid for profit schools
Tax advice? CPA
Pay me $5k for 100% success filling in PR form!

User avatar
ecureilx
Immortal
Immortal
Posts: 9812
Joined: Fri, 20 Aug 2010

Re: Contract Employment Lawyer

Postby ecureilx » Mon, 13 Nov 2017 10:33 am

PNGMK wrote:You should at least fight for some sort of payout. 2 weeks per year minimum.
The chance of winning?

User avatar
sundaymorningstaple
Moderator
Moderator
Posts: 35031
Joined: Thu, 11 Nov 2004
Location: Still Fishing!
Contact:

Re: Contract Employment Lawyer

Postby sundaymorningstaple » Mon, 13 Nov 2017 4:06 pm

ecureilx wrote:
PNGMK wrote:You should at least fight for some sort of payout. 2 weeks per year minimum.
The chance of winning?


If it could be held in the MOM arbitration court, pretty good, but I'm sure his salary falls outside of the purview of the MOM so civil court is likely his only recourse and there I'm not sure of the odds.


  • Similar Topics
    Replies
    Views
    Last post

Return to “Careers & Jobs in Singapore”

Who is online

Users browsing this forum: No registered users and 2 guests