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Contract of Service (is this even legal?)

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Novzix
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Contract of Service (is this even legal?)

Postby Novzix » Sat, 09 Jan 2010 2:05 pm

Has anyone working under a contract seen something like this?

"Under this offer of a one-year contract, either party may not terminate this appointment. In the event that either party terminates this appointment within the agreed period, the party who initiates the early termination will have to pay the other party a sum equal to the amount of salary which would have accrued to the other party for the balance of the agreed period."

I'd like to know if this is even legal cus I'm planning to resign after 4 months of working and is kind of worried that I'd have to pay my company the sum of 8 months salary! Is that even possible?

Please advise!

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ksl
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Re: Contract of Service (is this even legal?)

Postby ksl » Sat, 09 Jan 2010 5:07 pm

Novzix wrote:Has anyone working under a contract seen something like this?

"Under this offer of a one-year contract, either party may not terminate this appointment. In the event that either party terminates this appointment within the agreed period, the party who initiates the early termination will have to pay the other party a sum equal to the amount of salary which would have accrued to the other party for the balance of the agreed period."

I'd like to know if this is even legal cus I'm planning to resign after 4 months of working and is kind of worried that I'd have to pay my company the sum of 8 months salary! Is that even possible?

Please advise!
You should have questioned this before signing not after! Yes it is legal, why shouldn't it be if both parties have agreed.

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sundaymorningstaple
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Postby sundaymorningstaple » Sat, 09 Jan 2010 7:27 pm

Yep is sure is. If you are not prepared to play by the rules, don't sign the contract. It's going to become more and more common as abusers are finally going to start getting the short end of the stick instead of the employers. This way you cannot leave after the employer invests time and money to get you up to production speed just to have you do a runner to the competition. Can't blame them. But don't let 'em do like they did to my daughter and let you work for a year without a contract and 6 mo's be fore the end the the project, give you a contract to sign that's backdated to when you started with a non-compete clause in it (with a similar codicil innit) because they found out the client was preparing to offer her employment full time with them. Sucks. And we are engaging a lawyer to find out if we can beat it due to her never having a contract offered for a year or ever a mention of a non-compete clause (that's only effective again the client).
:x

Novzix
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Probation in a one year contract?

Postby Novzix » Sun, 10 Jan 2010 8:48 am

Is it common to have probationary period for a one year contract? Cus now i'm going into my 5th month of working here and I'm still under probation which means I can just leave after giving a couple of weeks' notice without getting sued by the company right?

Probationary Period
Your probation will be for an initial period of 6 months. However, as and when deem fit/necessary, your probation period may be extended at the discretion of the company. You will be notified in writing when you are confirmed.

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sundaymorningstaple
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Postby sundaymorningstaple » Sun, 10 Jan 2010 12:38 pm

Again, a contract can stipulate any kind of probationary duration they want as long as the notice period during that time is the same for both employer and employee. Hopefully, you haven't signed the contract yet. However, if you have, it shows a serious lack of common sense on your part. Nobody signs a contract UNTIL the understand ALL of it. If you where just SOOOO happy to get a job here and didn't bother to read it. Then you have gotten what you deserve.


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