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Resignation

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person.singapore
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Resignation

Postby person.singapore » Sat, 11 Sep 2010 2:11 am

Regarding this statement:

http://mom.gov.sg/employment-practices/ ... ation.aspx

"Starting a Contract of Service

If a new recruit who has signed the Letter of Employment fails to turn up for work

If a new recruit has signed the letter of employment but subsequently informed the employer that he does not intend to start work with the company and failed to turn up on his first day of work, the Employment Act does not apply as the employer-employee relationship has not started.

Hence the employer will not be able to claim notice pay or any compensation under the Employment Act.

If the employer wishes to claim compensation from the recruit, he should pursue a civil claim through his own lawyer."

----------

Question:

If I turned up for work for four days only and I decided I did not like the work, can I resign? Does employer-employee has started even I haven't receive any salary?

Or if it has started but since I haven't received any salary, is the clause <b>you are obliged to pay 6 months of your salary if you terminate this employment prematurely</b> holds water?

Not trying to be funny, it can be argued that the previous work's salary is "your salary." Can the company you are resigning from can still get money from you? From your previous work's salary?

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Postby sundaymorningstaple » Sat, 11 Sep 2010 6:53 am

If you started work, both parties have signed the employment contract, then the contract is legally binding on both parties and yes, if there is a 6 month penalty clause should you not complete the contract, you will be liable for the terms. Whether or not you have yet received any salary is immaterial. The day you start work the contract becomes einforceable by law.

That is why you should always read your contract before signing it.

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Postby Grumpy77 » Sat, 11 Sep 2010 11:53 am

If you have no termination clause, it shouldn't be too hard to get the employer to terminate you. Just go to work and do very poorly...

You won't get a referal but you will get out of your contract without penalty as it is him that is breaking the contract.

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Postby sundaymorningstaple » Sat, 11 Sep 2010 12:11 pm

Not really, if it can be proven to be breach of contract. Or, the employer can just sideline the employee and have him sit at a desk all day doing absolutely nothing. While it will cost the employer money, it will also prevent the employee from taking up another job unless he walks off and pays the 6 months penalty clause.

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Postby poodlek » Sat, 11 Sep 2010 2:09 pm

sundaymorningstaple wrote:Not really, if it can be proven to be breach of contract. Or, the employer can just sideline the employee and have him sit at a desk all day doing absolutely nothing. While it will cost the employer money, it will also prevent the employee from taking up another job unless he walks off and pays the 6 months penalty clause.


It is extremely amusing to me that an employer would consider doing this! On the other hand, an employee trying to get fired is a pretty funny situation too. It brings to mind a certain South Park episode...
What if the employee fulfilled his/her contract while speaking/behaving/dressing in a completely inappropriate way?

It seems to me the only dignified way to get out of this is to keep your head down and fulfill the contract and chalk it up to life experience.

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Postby sundaymorningstaple » Sat, 11 Sep 2010 2:57 pm

poodlek wrote:
sundaymorningstaple wrote:Not really, if it can be proven to be breach of contract. Or, the employer can just sideline the employee and have him sit at a desk all day doing absolutely nothing. While it will cost the employer money, it will also prevent the employee from taking up another job unless he walks off and pays the 6 months penalty clause.


It is extremely amusing to me that an employer would consider doing this! On the other hand, an employee trying to get fired is a pretty funny situation too. It brings to mind a certain South Park episode...
What if the employee fulfilled his/her contract while speaking/behaving/dressing in a completely inappropriate way?

It seems to me the only dignified way to get out of this is to keep your head down and fulfill the contract and chalk it up to life experience.


Especially in a country that's only as big as a postage stamp, relatively speaking. :-|

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Postby Splatted » Sat, 11 Sep 2010 6:29 pm

poodlek wrote:What if the employee fulfilled his/her contract while speaking/behaving/dressing in a completely inappropriate way?



like Corporal Klinger did for so many years in M.A.S.H.?

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Postby person.singapore » Sun, 12 Sep 2010 10:39 pm

By the way, I started work even I haven't received my Employment Pass yet, I haven't seen the IPA either, but they say IPA is already approved(that's why I started to work). Could that be considered Employer-Employee has already started?

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Postby ksl » Sun, 12 Sep 2010 10:55 pm

person.singapore wrote:By the way, I started work even I haven't received my Employment Pass yet, I haven't seen the IPA either, but they say IPA is already approved(that's why I started to work). Could that be considered Employer-Employee has already started?
Nope that could mean you have broken the law!

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Postby sundaymorningstaple » Sun, 12 Sep 2010 11:12 pm

Correct! :o

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Postby person.singapore » Sun, 12 Sep 2010 11:12 pm

What law <b>could</b> I have broken? I just act in good faith when they said I could start to work because they said they have got the confirmation that my IPA(even they aren't showing it to me yet, soft-copy or hard-copy) is already approved, that's why I report to work immediately.

What law could I have violated?

And if any, could they also violated the law because they said I can start working(even though I haven't seen the IPA, neither soft-copy or hard-copy) even though I don't have the necessary requirement(i.e. Employment Pass) for a foreigner to work here?

Or the SOP, should be: Employer should give the IPA to employee first, then let the employee get Employment Pass first before the employee starts going to work. Right?

If this is the case, my employer could have violated the law also


Note: I'll just go to Ministry of Manpower to verify if I really violated a law in Singapore, or if my Employer could too

Chime in your knowledge about this, thanks a lot!

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Postby elbi » Mon, 13 Sep 2010 12:09 am

you cannot work in singapore with only an IPA. you need to have the employment pass card issued. once you have the IPA, you still need to have a medical exam (i think if you are HIV positive, for example, you may not be issued an EP) and go to ICA for fingerprinting, etc...

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Postby person.singapore » Mon, 13 Sep 2010 12:16 am

Thanks elbi. Does this mean, the Employer-Employee relationship has not yet started? Even I already reported four days of work to the company.

And as such, I can resign without causing me legal implications based on the contract(<b>i.e. 6 months compensation to company</b>)?

And even though the contract states that the employment started on the date of signing the contract?

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Postby elbi » Mon, 13 Sep 2010 12:38 am

employment started on the date of signing the contract?


but this assumes that you are given permission to work in singapore, no?

i think you need to give MOM a call. bear in mind, though, that this is what ksl means by "you may have broken the law". you can feign ignorance, i suppose, but your employer will be liable, too.

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Postby ksl » Mon, 13 Sep 2010 1:35 am

person.singapore wrote:Thanks elbi. Does this mean, the Employer-Employee relationship has not yet started? Even I already reported four days of work to the company.

And as such, I can resign without causing me legal implications based on the contract(<b>i.e. 6 months compensation to company</b>)?

And even though the contract states that the employment started on the date of signing the contract?
It could be very complicated and we cannot really advise on the outcome your EP could be canceled for breaking the law. But to make things easier for yourself, you could explain to MOM what as happened with a chance of being sent home. The Company is in deep trouble for allowing you to work without your EP. The formalities to collect your EP have been violated. Good luck!


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