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Job Offer vs Employment Agreement

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lalgulab
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Job Offer vs Employment Agreement

Post by lalgulab » Tue, 22 May 2018 11:18 am

Hi Guys,

My employer's initial job offer list the following terms for termination, this agreement was signed before i joined the company here in SG :

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However the detailed employment agreement sent to me and signed after i arrived here list different termination clauses

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the clause of having to pay for one months salary is missing from/ not present in the employment agreement

My company HR is now stating that they will not pay one month salary as i am under 1 year , however i am not agreeing to it as my employment agreement does not list the clause .

I am contesting that the terms in employment agreement are applicable as it was signed after the initial job offer. However my company HR is refuting and stating the job offer terms supersede employment agreement

Am i correct in my refusal and can i approach MOM for arbitration for this dispute ?

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sundaymorningstaple
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Re: Job Offer vs Employment Agreement

Post by sundaymorningstaple » Tue, 22 May 2018 1:06 pm

The reason it's missing in the contract is that it is not in the Initial agreement either. You need to read carefully.

TO WIT: The employee will have to pay back XXXXX the cost of recruitment.
(which is "equal to" one month's salary). In other words, you will repay the fee that the company paid to the recruitment company. If you want to leave immediately, before the first year is up, you can give 60 days notice or 60 days salary in lieu of notice AND you will be required to repay the "recruitment fees" which are the equivalent to one month's salary. After the first year you no longer have to repay the recruitment fees but you would still have to either serve 60 days notice or pay up to 60 days salary-in-lieu of notice if you wanted to leave immediately. (by law it must be equal notice for both parties).

As you signed both agreements, you have, in effect agree to the debt you owe them if you leave before the first year is up. (That debt is repaying the company the recruitment fee which you agree to in the initial agreement). It's only relevance to salary is that the recruitment fee was originally based on the salary offered (e.g., fee is equal to 100% or 80% or 60% of one month's salary which is how recruitment frees are stated (or a percentage of Per Annum for high-end positions).

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