Does S Pass extension means Extension of Contract?

[soenaynwe]

Dear All,
Have you experienced the following case before.
I am S Pass Holder. When I joined my current company,
they mentioned in the appointment letter that if i resigned before the expiry of S pass, I have to compensate 3 months salary to company. I joined my company in May, 2008. My first S pass expiry date was May 2009. After expiry date, they renewed my S pass another 1 year. My second S Pass expiry date was May 2010. Then they renewed my s pass next 2 years again. My 3rd Spass will be expired in May 2012.
So, If I resign now, do I still need to pay 3 months salary to my company?
Pls help me advise. I am looking forward your reply.
Thanks a lot

Soenay

[sundaymorningstaple]

That is a tricky question. Does you appointment letter/contract also give a normal notice period as well? Similar to either the Employment Act or an actual period of time (for foreign workers it is usually 1 month do the the need for the employer to file the IR-21 tax clearance form). If a normal notice is stated, then the 3 months is only for the initial term of your employment pass and that portion of your contract terms would have been fulfilled on the first renewal.

sms