Terminate employment contract during bond period

[justinnguyen]

Hello, I am bond for 3 years. Now I want to resign, because the current job is truly abused. But I’m sick of the termination conditions. My S-Pass is issued for only 1 year and will be expired this September. Is this a good chance to walk away?

[sundaymorningstaple]

I am afraid you are up the creek without the proverbial paddle. The contract that you have posted is in line with MOM rules and regulations to the letter.

Is this your first job? If it is, get used to it. It's the way of the adult world. As long as the terms of the contract for voluntarily ending your contract by either side are given equal terms, then it is NOT in violation of MOM rules. However, if it is a Termination with cause, then they have the right to fire you outright without salary in Lieu, but that has to be able to be proven by them if you contest it at MOM for improper dismissal. Additionally, if they are letting YOU go for cause, they must have a track record of giving you at least one verbal warning and possible 2 written warnings unless it is a serious breach of contract.

But if you want to resign then you need to follow the terms of the contract. At any rate, didn't you read your contract (and understand it) before you signed it? If not, then you have nobody to blame but yourself. I would say you have or will have learned a very important lesson about reading and understanding anything you sign your name to.

My qualifications? I've been the HR & Finance Manager of a medium sized SME (150-225 staff) for a dozen years and a headhunter for a decade before that.

[justinnguyen]

I am afraid you are up the creek without the proverbial paddle. The contract that you have posted is in line with MOM rules and regulations to the letter.

Is this your first job? If it is, get used to it. It's the way of the adult world. As long as the terms of the contract for voluntarily ending your contract by either side are given equal terms, then it is NOT in violation of MOM rules. However, if it is a Termination with cause, then they have the right to fire you outright without salary in Lieu, but that has to be able to be proven by them if you contest it at MOM for improper dismissal. Additionally, if they are letting YOU go for cause, they must have a track record of giving you at least one verbal warning and possible 2 written warnings unless it is a serious breach of contract.

But if you want to resign then you need to follow the terms of the contract. At any rate, didn't you read your contract (and understand it) before you signed it? If not, then you have nobody to blame but yourself. I would say you have or will have learned a very important lesson about reading and understanding anything you sign your name to.

My qualifications? I've been the HR & Finance Manager of a medium sized SME (150-225 staff) for a dozen years and a headhunter for a decade before that.

I appreciate your helpful advice. This is not my first job, actually the first job in Singapore. There is no issue until it requires working overtime without pay, but unfortunately, there is no evidence for this. Is this considered violation of MOM rules?

[Strong Eagle]

Looks to me that the only way for you to get out of this is to perform so poorly that they decide to terminate you. Just don't show up for work per 10.4 and it looks like they will terminate you. Be absent as much as possible until they do terminate you.

Good luck with them trying to collect salary in lieu of notice if they terminate you.

PS: This archaic, medieval bond program needs to go. Where else but Asia does such nonsense exist?

[sundaymorningstaple]

Quick question. Are you considered as being in a management position? Earn more than 2,500/mo and are not considered as a "workman" but as a manager or executive? if so, yes, it's possible they don't 'have' to pay you overtime. It will depend if you fall under the laws of the Employment Act. You have not given us any data with regard to you position or salary so you will have to read the employment act to see where you fall and if your issue is an issue or the fact that you didn't read carefully before you signed. If anything falls outside of the act and you are covered, then bring it up to the MOM.

However, if you knew that the employer was doing something wrong and you continued to work there without raising the issue with the MOM, then you become an accessory to the fact. So, just be careful should you go to MOM.

[justinnguyen]

Quick question. Are you considered as being in a management position? Earn more than 2,500/mo and are not considered as a "workman" but as a manager or executive? if so, yes, it's possible they don't 'have' to pay you overtime. It will depend if you fall under the laws of the Employment Act. You have not given us any data with regard to you position or salary so you will have to read the employment act to see where you fall and if your issue is an issue or the fact that you didn't read carefully before you signed. If anything falls outside of the act and you are covered, then bring it up to the MOM.

However, if you knew that the employer was doing something wrong and you continued to work there without raising the issue with the MOM, then you become an accessory to the fact. So, just be careful should you go to MOM.

I’m not in a management position, but I earn more than 2500/mo.

The problem is my colleagues work in flextime, which means they are available 24/7, but I don’t sell myself cheap. Based on my contract, I prefer a work-life balance. That why sometimes I have to work more than 8 hours to sync with them.

Because of this culture is not suitable for me, working overtime is the only reason I can use to terminate it.

[justinnguyen]

Looks to me that the only way for you to get out of this is to perform so poorly that they decide to terminate you. Just don't show up for work per 10.4 and it looks like they will terminate you. Be absent as much as possible until they do terminate you.

Good luck with them trying to collect salary in lieu of notice if they terminate you.

PS: This archaic, medieval bond program needs to go. Where else but Asia does such nonsense exist?

Thanks for your advice. I will try this if I have to.