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Employment Clause

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Jon0417
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Joined: Fri, 06 Dec 2019 5:06 pm

Employment Clause

Post by Jon0417 » Fri, 06 Dec 2019 5:47 pm

Good evening to all

I’m actually here seek to some legal advice about employment clause.

I’m a foreigner holding S-PASS

June 2018 I’ve joined this FnB company
A day before my commencement date, I was called to report on our company HQ for contract signing. During the signing of contract everything was explained to me what was stated in the contract. I was also presented with a separate document stating a withholding sum of $500 for tax purposes to which it would be deducted on my salary monthly for next 10 months of salary,in which it would be reimbursed to me upon completion of my 2 years contract. It was also clearly stated that if I had terminated the contract within 2 years this $500 dollars would be forfeited. I’ve signed and accepted the terms and conditions.

The following year JUNE 2019 I was called up again to HQ for signing of a new terms and conditions of the contract. June of 2019 I’ve went to HR in this NEW TERMS AND CONDITIONS it was stated that if I resign within 2 years I would need to compensate the company 1 month salary on TOP of the 1 month notice. It was also clearly stated that even if it’s the employer who initiated the termination I still need to compensate the company 1 month salary on TOP of the notice. I’ve tried to question the new terms and conditions regarding if I agree or don’t agree what my company just told me is that if I don’t sign they’re going to terminate the contract of service meaning I’ll be out of job. So I left no choice but to sign it.

I’ve already resigned to my company not completing the 2 years contract due to some personal matters. Ending me getting nothing from my last month as it was stated that the last month salary was a compensation to the company and the 500 dollars collected from me for tax clearance purposes subsequently was also forfeited ending me paying a 195 dollars tax to iras.

My question is that this employment clause is it enforceable?
Could these be contested in court?
What could be the consequences if I pursue on the case?

Your guidance and kind reply would be highly appreciated!

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