Legal Advice Needed on Employment Issues

[daid.aziz]

Hi,
I have been working with a local company in Singapore from one year, my company has sent me on the unpaid forced leaves for 2 months. At the same time I can not resign and look for other job according to my first agreement with the company. I just want to know whether the company can still hold me and the contract terms will apply to me as the company is unable to pay my salary and unable to continue my job OR I am allowed to look for other jobs and can move to some other company.

[Allibert]

Nobody can stop you from looking but you do know there's a recession going on, don;t you

[daid.aziz]

Thanks for taking your time to reply my query. Actually I have a job offer but I am wondering how could I leave the current company when I am not entitled to use my right of resignation before 2 year with the company and its only one year up to the date. I have this thinking that if the company can not continue my employment and can not pay me salary then I should have the right to go for other job? This is something which is logical and right moral and ethically but I am not sure whether I can use my right to resign or not in this perticular case.

[Addadude]

What does your original employment contract say about enforced no pay 2-month leave?

Was this mentioned specifically?

If not then technically your company is in breach of the contract already - which makes it null and void.

IF you are learning less than $2,000 a month you might want to go and see the Ministry of Manpower about your situation.

[Johnatton]

Why don't you make an appointment to consult Labour Relations officer to discuss issues regarding the employment act?

http://app.etools.mom.gov.sg/appointment.aspx

[sundaymorningstaple]

Why don't you make an appointment to consult Labour Relations officer to discuss issues regarding the employment act?

http://app.etools.mom.gov.sg/appointment.aspx

Provided he earn less than $2000/month. Otherwise, his only recourse is a civil court case.

[xtasy010]

Did you talk to your employer? Given the circumstances they might actually be fine with you resigning.

[daid.aziz]

Thank you very much all of your for your help.
I have not talked to my company yet as I was studying whether I can go for the resignation or not. There is no clause in the contract that company can send me on the unpaid forced leaves and my salaray is higher than S$2000 as well. I went to MOM but they said I have to go to civil court and they can not help me in this case as I am an executive and taking higher salary as well which is not covered under Employment Act.
I am thinking to talk to my employer as I think I have a right of resignation in this perticular situation. No employer can hold an employee and not paying the salary at the same time.

[carteki]

The only way that the company could stop you from working is to put in an objection for your new work permit. You may want to see if you qualify for a PEP then this won't be an issue. Based on this forum MOM sounds vaguely reasonable when it comes to listening to both sides of the case when there is an objection, so you may be lucky if your existing company decides to play dirty.

Note to SMS re PEP - there are limitations around the PEP, but during a recession if it helps you get a job I believe that it is worth it - even if you just use it for a couple of months. The fact that you have to go back to EP in 5 years time is really immaterial. If you didn't have a PEP, you would've been on an EP anyways.

[sundaymorningstaple]

While I know you're not here to respond, I agree, with the exception that your EP can be renewed indefinitely, employer willing, while no matter what, your PEP will expire in 5 years or less if you cannot make the minimum annual income.